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ARTICLE · 03 FEBRUARY 2021

Judge Orders Special Master To Address DOE Delays In Implementing Special Education Hearing Orders

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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...

United StatesLitigation, Mediation & Arbitration

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.

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