The Law Office of Elisa Hyman, P.C. and Robbins Geller Rudman & Dowd are co-counsel in the M.G. Class Action. The M.G. Class Action includes two “classes” (or groups) of children in the M.G. Class Action and two “subclasses” (i.e. subgroups).
In the lawsuit, M.G. v. NYC DOE, the plaintiffs are children with disabilities and their parents. The plaintiffs represent two different classes of New York City students: the Autism Services Class and the NPS Policy class. The Autism Services class is comprised of students who are classified or diagnosed with an Autism Spectrum Disorder. The NPS Policy class is comprised of children who were recommended for and/or who attend New York State-approved non-public schools. The plaintiffs allege that the New York City Department of Education and the New York State Education Department have violated the Individuals with Disabilities Education Act, among other related laws, by adopting policies that prevent class members from each class from receiving certain special education services. The NYC Department of Education and the State Education Department deny these allegations. Plaintiffs seek, among other relief, orders that they believe would ensure that class members receive appropriate educational services.
Autism Services Class: The Autism Services Class consists of all current and future (i) children who are diagnosed with or classified as autistic, reside in New York City, have an IEP, and have been subject to the Modified Autism Services Policies and Practices. Plaintiffs allege that the Defendants, including the New York City Department of Education and the New York State Education Department, have adopted policies and practices that, among other things, prohibit IEP teams in New York City from recommending certain Autism Services. For purposes of the case, the “Modified Autism Services” are defined as (a) 1:1 instruction with a teacher for all or part of the day; (b) Applied Behavioral Analysis (“ABA”); and (c) extended school day, after school or home-based services (for students attending a school-day program).
Due Process Autism Subclass: Further, the “Due Process Autism Subclass” consists of all members of the Autism Services Class who win Modified Autism Services (i.e. ABA, 1:1 instruction and/or after-school, extended day or home-based services) through impartial hearings, State Review Officer decisions, resolution agreements and court orders.
NPS Class: In addition, the M.G. Litigation includes an “NPS Class,” comprised of students who have been recommended for placement in or attended a State-approved non-public school (“NPS” or “NPS Program”) and who have been or will be subject to an alleged State-issued directive (the “NPS Directive”) that these schools provide all services set forth on a student’s IEP within the instructional day. The NPS Directive refers to a directive that Plaintiffs claim was issued by NYSED stating that “NPS students “would no longer be able to receive special education and related services unless those services were offered by or available directly through the particular NPS Program the child was or would be attending.”
Due Process NPS Subclass: Finally, the Due Process NPS Subclass are those (i) members of the NPS Class who are, or were, receiving and will receive [Related] NPS Services; and (ii) who invoked or will invoke their due process [rights] and obtained stay-put rights under 20 U.S.C. § 1415(j).
For questions about the M.G. Litigation, please send an email to info@specialedlawyer.com or leave a message at 212-293-8686 x103.
Class Certification decision can be found here.
The Fourth Amended Class Action Complaint can be found here.
The Fifth Amended Class Action Complaint can be found here.
The New York City Department of Education’s Answer to the Fifth Amended Complaint can be found here.
The New York State Education Department’s Answer to the Fifth Amended Complaint can be found here.
The FERPA order dated February 2, 2019 can be found here.
The Protective Order can be found here.