Simpson Thacher together with Mobilization for Justice secured a significant victory for a proposed class of New York City students with disabilities and their families in the Southern District of New York on May 27, 2025. The Hon. Edgardo Ramos denied the New York City Department of Education’s (“NYCDOE’s”) motion to dismiss a class action lawsuit filed against it and NYCDOE Chancellor David C. Banks that aims to rectify the NYCDOE’s systemic failures to meet their legal obligations to students with disabilities.
The lawsuit, originally filed in April 2023, addresses the NYCDOE’s extensive delays in providing special education evaluations to students with disabilities, which have deprived the Plaintiffs and the class of their right to a free and appropriate public education by denying them the special education services to which they are entitled.
After more than a year of discovery, Defendants moved for dismissal of the lawsuit earlier this year, with the Court holding oral arguments on May 13, 2025. In its decision, the Court denied in significant part the NYCDOE’s motion to dismiss, sustaining Plaintiffs’ allegations that the DOE’s failure to provide timely evaluations and services has resulted in significant harm to students with disabilities.
To read the press release, please click here.
Simpson Thacher Associate William Moran argued the motion. The rest of the Simpson Thacher team includes Michael Osnato, Jonathan Kaplan, Christina Breitbeil, Wendy Wu, Rachel June-Graber, Jacob Fritts, Jane Jho and Mehrdad Alvandi.