CLASS ACTION LAWSUIT FILED AGAINST CITY ED DEPARTMENT FOR FAILING TO PROTECT STUDENTS FROM VIOLENCE IN SCHOOLS

Plaintiffs Include Eleven Child Victims Whose Incidents of Abuse and Harassment Were Ignored by Department of Education

 

Today, eleven students and ten parents from New York City district schools filed a class action lawsuit against the Department of Education with the United States District Court for the Eastern District of New York. The lawsuit, which is the first-ever class action on school safety in New York State, seeks to hold the New York City Department of Education accountable for depriving students of their constitutionally protected right to a public education by failing to address in-school violence committed by students and teachers.

 

In the class action lawsuit, the ten plaintiffs claim that the Department of Education has effectively deprived students of their right to a public education in a violence-free environment.  In particular, DOE has violated its own regulations pursuant to the Dignity for All Students Act of 2010–a state law guaranteeing students a rigorous process for addressing in-school violence–by routinely failing to report, investigate, and remedy allegations of violence and harassment against students, and, moreover, by retaliating against children and parents who report instances of violence and abuse.

 

Plaintiffs also cite the disproportionate negative impact that school violence has had on New York City’s highest-need children–including students of color, students with disabilities, LGBT students, and very young students.

 

The plaintiffs in this case are not seeking any monetary damages, and are instead seeking permanent injunctive relief that would require the Department of Education to enact and enforce the procedures necessary to keep their children safe. They are also asking the Court to require the Department of Education to meaningfully investigate prior acts of violence that were not properly resolved, develop an action plan to resolve bullying and other violence in schools, and report to the Court regularly with status updates on its progress.  Finally, the plaintiffs are asking the Court to appoint an independent monitor to guarantee the Department of Education’s future compliance with the law and DOE regulations.

 

Each plaintiff who has joined the lawsuit has compelling testimony that speaks to the culture of violence pervading city schools and the systematic negligence practiced by the Department of Education. At a press conference this morning outside the Department of Education’s headquarters in Tweed Courthouse, two parents shared stories of the abuse their children suffered at district schools across New York City, and detailed the Department’s troubling lack of response to a growing crisis of school violence.

 

Parent #3 joined the lawsuit after her seven-year-old son was dragged down a flight of stairs by a teacher with a history of violent acts against students. The teacher was then allowed to remain in the classroom, and was later charged with assaulting a different seven-year-old student with special needs.

 

“The Education Department knew this man had a history of violent behavior. They knew he had attacked my son. But they let him stay in the classroom for years, doing nothing to protect kids from this criminal,” said Parent #3.

 

Parent #1 decided to join the lawsuit after her 8-year-old son was assaulted by fellow students and verbally attacked by one of his teachers. After her son was punched, kicked, and thrown to the ground by two classmates, she expressed concerns for his safety to school administrators. The school failed to take action to keep her son safe, and one of the boy’s teachers responded to the situation by berating him.

 

“Over the past two months, parents have been demanding justice for our children,” said Parent #1. “But at every turn, our cries for help have fallen on deaf ears. That’s why I decided to join other parents in suing the Department of Education so that our children get the justice they deserve.”

 

Jim Walden, the lawyer for the Class Plaintiffs, agreed to take this matter to help fix a broken system. “These stories are tragic – but what’s worse is that the Department of Education has systematically failed to follow legal guidelines that would have kept these children safe,” said Walden. “No child can learn in an environment fraught with violence and harassment. We hope a Court will force the Department of Education to meet its legal obligations to protect children from violent students and teachers, and stop them from retaliating against victims.”

 

Families for Excellent Schools has signed onto the lawsuit as a named plaintiff, and is conducting a citywide campaign to partner with more plaintiffs whose families who have suffered the effects of the DOE’s negligence.

 

The lawsuit comes at a time when the crisis of violence New York City’s district schools has markedly worsened. Violent incidents in DOE schools have increased, weapon recovery rates have swelled, and stories of abuse have come to light week after week. Through the #SafeSchoolsNow campaign, launched in March by Families for Excellent Schools, families and advocates have repeatedly called on Chancellor Fariña and the Department of Education to step up and address this epidemic. Now, unwilling to see more children victimized by abusive teachers or bullying peers, or threatened by a weapon in the classroom, parents are taking legal recourse.

 

“This lawsuit is about providing New York City families with much-needed relief from pervasive school violence,” said Jeremiah Kittredge, CEO of Families for Excellent Schools. “The Department of Education needs to recognize every child’s right to a safe school environment, and needs to act before more students suffer.”

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