• Adam Dayan, Esq.

Major Development Regarding DOE Implementation

Updated: Feb 25


I am excited to share that there has been a major development in the ongoing class action litigation against the New York City Department of Education (DOE) with respect to the DOE's obligation to implement decisions in a timely manner.


In a recent decision from the U.S. District Court for the Southern District of New York, Judge Loretta Preska ordered the appointment of a Special Master to oversee the DOE's implementation of final decisions and pendency orders as a result of the DOE's failure to implement decisions in a timely manner pursuant to its obligations under L.V. v. New York City Department of Education.


The next steps are for the parties to confer and report back to the Court regarding possible candidates for appointment and proposals for the scope of authority to be exercised by the Special Master. A deadline has been set for February 18, 2021.


Also before Judge Presca is a motion for declaratory judgment on the DOE's refusal to pay tuition orders during remote learning without their own approval of the remote learning plan.


For more information regarding the L.V. litigation, see the Advocates For Children website.


We expect this decision to have a big impact on the implementation process going forward. Stay tuned for further developments.


#SpecialNeedsParents #SpecialEducationLaw


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