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Class Action Settlement with NYC DOE – Discipline of Students with Disabilities

May 23, 2015
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Behavior Analyst, Comprehensive, DOE, Reimbursement, Special Education

As many of you know, my practice includes the representation of children with disabilities who have been suspended. You would find it hard to believe how frequently NYC DOE suspends students with disabilities for behavior that is only a “manifestation” of their disability. My practice has advocated for one particular little boy, age 7, who has been routinely suspended by his principal for “bad” behavior and has sought to circumvent his pendency entitlements to “stay put” by suspending him and sending him to an alternate site, without fulfilling his mandated IEP services.  Needless to say, we are pursuing this boy’s due process entitlements.

It is with sheer delight that I share with you that recently, Advocates for Children announced a settlement with the New York City Department of Education (DOE) in a class action lawsuit on behalf of students with disabilities who are subject to disciplinary action while in City public schools.

The class action, E.B. v. New York City Department of Education, includes students with disabilities in New York City public schools from kindergarten through age 21. As part of the settlement, the DOE has agreed to procedures to ensure that schools are not suspending students with disabilities for behavior associated with the student’s disability and to ensure that students with disabilities receive appropriate instruction while suspended. The DOE also agreed to procedures to prevent schools from discharging or transferring from school students with disabilities for disciplinary reasons. There will be a hearing for final approval of the settlement on July 23, 2015.

 If you are or were a NYC public school student with a disability, or are the parent/guardian of a student with disability, and you/your child were removed from class, suspended, discharged, or transferred out of a NYC public school for disciplinary reasons, your rights may be affected! For more information, read the settlement notice to class members and see the settlement agreement. If you have questions, call me or Advocates for Children directly at 973-878-4559 or email ebsettlement@gmail.com 

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2 Comments

on Class Action Settlement with NYC DOE – Discipline of Students with Disabilities.
  1. Michele, Client
    November 23, 2018 @ 5:11 pm
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    We are elated with Tracey’s commitment to our son. We had settled earlier than ever before, received excellent guidance and communication, and feel we are in the best of hands. The fact that her fees are substantially more affordable than any other attorney we’ve worked with is a true blessing. Thank you, Tracey, you are THE best.

  2. Patrick and Chastity
    November 23, 2018 @ 5:11 pm
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    As parents, with our son, Colin, diagnosed on the Autistic spectrum, it can be an overwhelming challenge when thinking about how to best support his educational needs. At first, we were extremely frightened about how we would approach obtaining the best education support offered by NYC DOE. After meeting Tracey Spencer Walsh, Esq. and her team at an NYU conference on Autism, we knew right then and there we had a parent advocate and legal support that could not only help navigate the complex process, but also be there when we needed her as counsel. Tracey Spencer Walsh is an amazing attorney, and delivered beyond our expectations in meeting the needs of our child, Colin, and our family. We were able to settle with the DOE in the smartest way possible for the first and second year of Colin’s schooling. The settlements obtained by Tracey and her firm were above expectations and we are grateful to have Tracey Spencer Walsh, Esq. working as a representative for our son, Colin

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Class Action Settlement with NYC DOE – Discipline of Students with Disabilities | Spencer Walsh Law, PLLC