Last week, a federal judge ordered that a Special Master be
appointed over the New York City Department of Education's
(DOE) implementation of hearing orders to provide or pay for
services for students with disabilities.
When the DOE fails to provide appropriate educational services
or school placements to students with disabilities, their parents
may request an impartial hearing to enforce their children's
rights. Following the hearing, an impartial hearing officer can
order the DOE to provide services to a student or pay the cost of
services or school tuition, but for years the DOE has failed to
implement these favorable hearing orders in a timely fashion.
Advocates for Children of New York (AFC) and Milbank LLP had filed
the motion requesting the Special Master in connection with the
class action lawsuit, L.V. v. New York City Department of
Education, after years of the DOE failing to provide the
ordered services that students with disabilities required.