Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

RUIZ v. PEDOTA

United States District Court, E.D. New York


January 06, 2004.

GABRIEL RUIZ, by and through his mother ANA J. NOVA; LOUIS M. ABRAHAM; ABIGAIL BADILLO; JESSICA CABAN, by and through her mother CRUZ RAMOS; ND; DANIEL ESPINAL MYLENE FIGUEROA, by and through her mother LEDY GONZALEZ; MIRYAN INDARTE; CARLOS INFANTE; CURT JAMES; YJ; by and through his mother ER; ABDIEL JULIO; AM; CHRISTINA MELENDEZ; by and through her mother LUCELINA TORRES; MICHAEL MONTES; by and through his mother SARA MINERO; CRYSTAL MORAN; FALLON NEGRON; NASONNA PIETERS; FRANCES D. RIVERA, by and through her mother DIANA RAMOS PINIERO; JAMAAR ST. HILLAIRE; VT, by and through her mother NM; and KW, on behalf of themselves and all others similarly situated, Plaintiffs, -against- PAUL PEDOTA; NORMAN COHN, in his individual and official capacity as Principal of Franklin K. Lane High School; JOHN W. LEE, in his individual and official capacity as Superintendent of School District 77; JOEL KLEIN, in his individual and official capacity as Chancellor of the New York City School District; NEW YORK CITY DEPARTMENT OF EDUCATION; and NEW YORK CITY BOARD OF EDUCATION, Defendants

The opinion of the court was delivered by: JACK WEINSTEIN, Senior District Judge

ORDER

Subject to its effective date as indicated in its paragraph 1, the "Agreement" dated and executed on January 6, 2004 is conditionally approved. Page 2

Neither this Order nor the Agreement prevents City, State or Federal authorities from enforcing criminal and other laws to protect students, teachers and others against violence and other criminal acts in or near the school. See, e.g., Younger v. Harris, 401 U.S. 37 (1971).

  Within ten days, the parties shall provide the court with a recommendation as to possible public hearings to consider approval of the terms of the Agreement. Cf. Fed.R.Civ.P. 23(e) (effective Dec. 1, 2003).

  The hearings scheduled in this case for January 6, 2004 are adjourned sine die, subject to further order of the court.

  SO ORDERED. Page 3

  AGREEMENT

  WHEREAS, plaintiff Gabriel Ruiz commenced a lawsuit entitled Rutz v. Pedota, filed on January 30, 2003, in the United States District Court for the Eastern District of New York, Docket No. 03-CV-502 (the "Ruiz Action"), alleging that defendants Paul Pedota, former Principal of Franklin K. Lane High School ("FKL"), John W. Lee, former Superintendent of Queens High School Superintendency, Norman Conn, former Principal of FKL, Joel Klein, Chancellor of the New York City school system, the New York City Department of Education, and the New York City Board of Education (collectively, the "Defendants") violated federal and state law by denying plaintiff Ruiz educational services and excluding him from credit-bearing classes at FKL; and

  WHEREAS, plaintiffs KW, VT, Jamaar St. Hillaire, Nasonna Pieters, Fallon Negron, Crystal Moran, Christina Melendez, AM, Abdiel Julio, Curt James, Carlos Infante, Miryan Indarte, Jessenia Herrera, Arenya Harris, AG, Haydce Garcia, Daniel Espinal, ND, Jessica Caban, Abigail Badillo, Louis Abraham, and Gabriel Ruiz filed a First Amended Complaint on March 27, 2003, alleging that Defendants violated federal and state law by denying the plaintiffs educational services, excluding them from credit-bearing classes at FKL, and transferring them illegally; and

  WHEREAS, plaintiffs Gabriel Ruiz, by and through his mother, Ana J. Nova; Louis M. Abraham; Abigail Badillo; Jessica Caban, by and through her mother, Cruz Ramos; ND; Daniel Espinal; Mylene Figueroa, by and through her mother, Nancy Rivera; Haydee Garcia; AG; Arenya Harris; Jessenia Herrera, by and through her mother, Ledy Gonzalez; Miryan Indarte; Carlos Infante; Curt James; YJ, by and through his mother, BR; Abdiel Julio; AM; Christina Melendez, by and through her mother, Lucelina Torres; Michael Montes, by and through his mother, Sara Minero; Crystal Moran; Fallon Negron; Nasonna Pieters; Frances D. Page 2 Rivera, by and through her mother, Diana Ramos Piniero; Jamaar St. Hillaire; VT, by and through her mother, NM; and KW ("Plaintiffs"), filed a Second Amended Complaint (incorrectly titled Amended Complaint) on March 28, 2003, alleging that Defendants violated federal and state law by denying Plaintiffs educational services, excluding them from credit-bearing classes at FKL, and transferring them illegally; and

  WHEREAS, Defendants have denied any and all liability arising out of Plaintiffs' allegations; and

  WHEREAS, the parties now desire to resolve the issues raised in this litigation, without further proceedings and without admitting any fault or liability;

  IT IS AGREED AMONG THE PARTIES AS FOLLOWS:

1. The effective date of this agreement is the date of entry of an Order of Discontinuance without prejudice of the Ruiz Action.
2. Definitions.
a. Agreement Period: The period from the effective date of this agreement to and including June 30, 2006. Notwithstanding this definition, certain portions of this agreement may survive beyond June 30, 2006, as specified in paragraph 21 of this agreement.
b. The designation "LTA" applies to a student who is absent from school for twenty (20) consecutive school days.
(i) Group A LTA Student; A student who was registered for FKL and designated as a long-term absence at any point from January 30, 2003, to the effective date of this agreement.
  (ii) Group B LTA Student. A student who is registered for FKL and designated as a long-term absence at any point during the Agreement Period. Page 3

 

c. Separated FKL Student. Any student who was discharged or transferred from FKL's register during the period from January 1, 2000, to the effective date of this agreement. The definition of Separated FKL Student does not include any student who (i) transferred from FKL to any other DOE High School when the transfer was completed within five (5) school days, (ii) transferred to any private or parochial school, (iii) moved outside the City of New York ("City"), or (iv) entered military service.
d. Current FKL Student. A student who is on the register at FKL during the Agreement Period.
e. DOE means the New York City Department of Education, the New York City Board of Education, Joel Klein, in his official capacity as Chancellor of the New York City school system, and any successor Chancellor of the New York City school system in his or her official capacity.
f. DOE High School: A secondary school operated by the DOE that provides students in grades 9 through 12 a program of instruction with the opportunity to meet all the requirements for and receive a Regents or, if eligible, Local High School Diploma. This term includes alternative high schools, provided they award Regents or Local Diplomas.
g. DOE GED Program: A program operated by the DOE providing instruction to assist students in preparation for a state high school equivalency diploma ("GED"), as provided by 8 N.Y.C.R.R. Part 100.
h. DOE Adult Education Program: A DOE educational program that provides instruction to individuals over the age of 21 in preparation for a GED.
  i. DOE Evening High School: A DOE educational program that offers eligible students under the age of 21, as well as certain Separated FKL Students over the age of 21, the Page 4 opportunity to take high school credit-bearing classes and the examinations needed to obtain a Regents Diploma and/or if applicable, a Local High School Diploma.

 

3. Admission to a DOE High School, DOE GED Program, DOE Adult Education Program, or DOE Evening High School.
a. Any student who has been discharged or transferred from FKL and is under the age of 21, including but not limited to any Separated FKL Student, shall be allowed to register for and attend classes at FKL, by the end of the second school day following DOE's receipt of notification of the student's request to register and/or attend classes. Notification may be made in writing, by letter, fax, or e-mail, to Frank Barrone, Principal, Franklin K. Lane High School, 999 Jamaica Avenue, Brooklyn, N.Y. 11208, or to the current acting FKL Principal. Principal Barone's fax number is (718) 235-4877 and his email address is FBarone@nycboe.net. Notification may also be made in person at FKL. A Group A LTA Student must be provided a program card and access to classes within two (2) school days of the student's notification of the student's desire to attend classes as specified in this paragraph.
b. Separated FKL Students under the age of 21 who do not wish to reregister at FKL and Group A LTA Students under the age of 21 who do not wish to attend classes at FKL, may register for a DOE High School other than FKL pursuant to the procedures set forth in subparagraph 3(f) of this agreement.
  c. Separated FKL Students and Group A LTA Students under the age of 21 who do not wish to register for or attend classes at a DOE High School have the option of registering for a DOE GED Program, pursuant to the procedures set forth in subparagraph 3(f) of this agreement. Page 5

 

d. Current FKL Students, Separated FKL Students, and Group A LTA. Students over the age of 17 who are eligible may voluntarily elect to register for the DOE Adult Education Program or DOE Evening High School, pursuant to the procedures set forth in subparagraph 3(f) of this agreement. Such students retain their right to attend the New York City public schools pursuant to N.Y. Education Law § 3202.
e. Separated FKL Students and Group A LTA Students who are 21 years or older at the time they request readmission or who turn 21 prior to obtaining a diploma shall be permitted to register in their choice of a DOE GED Program, DOE Adult Education Program, or DOE Evening High School, pursuant to the procedures set forth in subparagraph 3(f) of this agreement. The student will be given the option of obtaining a GED, Regents Diploma, or, if applicable, Local High School Diploma, at no cost to the student. Such student shall be permitted to take the courses and examinations needed to obtain the diploma sought and may continue to attend such program until June 30, 2008 or until the student obtains a diploma, whichever comes first, provided the student is making progress toward the diploma sought. If the student is seeking a Regents Diploma or Local High School Diploma, the student may take up to six credit-bearing courses per semester. In addition, during the Agreement Period, the student shall be permitted to attend the Young Adult Success Center implemented pursuant to paragraph 11 of this agreement or access to similar available services at a more convenient location as provided in paragraph 11 of this agreement.
  f. To register for any of the programs outlined in subparagraphs 3(b), 3(c), 3(d), and 3(e) of this agreement. Current FKL Students, Separated FKL Students, or Group A LTA Students must deliver a written request providing the student's name, home address, Page 6 telephone number, date of birth, name and dates of last educational program attended, and the name(s) of each DOE High School, DOE GED Program. DOE Adult Education Program, and DOE Evening High School for which enrollment is sought, in order of preference if more than one is listed. If the student seeks to enroll for a future semester, the student must also indicate the semester for which enrollment is sought. The written request must be delivered, faxed, or e-mailed to Marjorie A. Elliott, Regional Director of Student Placement, Youth and Family Support Services. Region 5 Learning Support Center, Department of Education, 82-01 Rockaway Boulevard, Ozone Park, N.Y. 11416, or to her successor. Ms. Elliott's fax number is (718) 642-5707 and her email address is MElliot@nycboe.net. If a guidance conference is needed to place the student, the student shall make himself or herself available during the three (3) school days following delivery of the request. DOE shall notify the student of available placements as promptly as possible but no later than five (5) school days following its receipt of the request if no guidance conference is needed, or within three (3) school days following the conference, if one is needed. If the student desires to enroll in a DOE Evening High School, the written request must be delivered on or before 5:00 p.m. of the tenth school day of the applicable semester, or the student will not be enrolled in such program until the following semester. However, if the student is 21 years old or over, the DOE will make every reasonable effort to make sure that the student is enrolled in an appropriate program during the current semester, even if notice is delivered after ten (10) school days into the semester.

  g. Separated FKL Students and Group A LTA Students shall: Page 7

 

(i) Be provided preference in admission to classes necessary for high school graduation;
(ii) Be provided, upon timely application after notice, priority access to evening and summer school programs. DOE eligibility requirements for these programs shall be waived by the DOE;
(iii) Be offered academic intervention services ("AIS"), educationally related support services ("ERSS"), guidance services, and supplemental educational services ("SES"), if eligible for such services. DOE application deadlines for SES services available at FKL shall be waived by the DOE; and
(iv) Not be required to make up any physical education credits required by the DOE.
4. During the Agreement Period:
a. The Notice attached as Appendix A will be disseminated as follows:
(i) To Current FKL Students for whom a Form 407 tracking procedures have been initiated, at the time when the first written communication to the student and/or parent regarding the student's attendance;
(ii) To Current FKL Students at Planning Interviews; and
(iii) To Current FKL Students who are transferred or discharged for any reason,
  (iv) The Notice shall be provided in English or the home language of the student that is contained in the DOE's records. If the home language of the student is other than English, Spanish, or Bengali, FKL shall have ten (10) school days to comply with subparagraphs 4(a)(ii) and (iii). Page 8

 

b. At the beginning of each school year, the DOE shall mail to Current FKL Students a notice advising them of the availability of and eligibility requirements for AIS, ERSS, and guidance services at FKL, and information on how to access those services. Each Current FKL Student who is eligible for and has requested access to any of these services will be assigned to a guidance counselor who is responsible for coordinating the implementation of requested services for which the student is eligible.
c. A Current FKL Student who is under compulsory school age may not transfer to a GED program, unless the program meets the criteria set forth in 8 N.Y.C.R.R. Part 100.
d. Every Current FKL Student and Separated FKL Student has the right to attend school full-time until be or she receives a regular high school diploma or until the end of the school year in which he or she turns 21, whichever comes first. This includes the right to take classes that prepare the student to earn credits for high school graduation and to take the examinations needed to obtain a Regents High School Diploma, and/or, if applicable, a Local High School Diploma.
e. Every Current FKL Student and Separated FKL Student has the right to refuse to be transferred to a GED program or any alternative program that does not provide the opportunity to earn credits toward a high school diploma.
f. No Current FKL Student or Separated FKL Student will be given a program card that says "GED."
  g. No Current FKL Student or Separated FKL Student will be prohibited from registering for and attending classes because the student has not attended a guidance counselor meeting, unless the meeting is needed to create a program for the student. Page 9

 

h. No Current FKL Student shall be transferred or discharged from FKL to another DOE High School, DOE GED Program, DOE Adult Education Program, DOE Evening High School, or non DOE GED program unless FKL confirms that the student has registered at and started attending the receiving program. Such student shall be permitted to remain at FKL unless the transfer was made pursuant to N.Y. Education Law § 3214.
i. No Current FKL Student or Separated FKL Student who is entitled to receive a free public education in the New York City public schools under New York State law will be prevented from registering for school or attending classes, or suspended from school, solely due to age (unless the student is over 21 [but see ¶ 3(e) supra]), lack of credits, truancy, cutting classes, irregular attendance, poor grades, or failure to pass examinations needed to obtain a high school diploma. If any provision of this sub-paragraph is inconsistent with any DOE directive or policy the terms of this sub-paragraph shall prevail.
j. If an involuntary transfer of a Current FKL Student or Separated FKL, Student is initiated as provided in N.Y. Education Law § 3214, the student shall be afforded the procedural protections set forth in N.Y. Education Law § 3214(5) and DOE Chancellor's Regulation A-450, or any succeeding Chancellor's regulation.
  k. Every Separated FKL Student with a disability and every Current FKL Student with a disability, who may be discharged or transferred from FKL, and their parents, are to be afforded all of the rights they have under the Individuals with Disabilities Education Act, 20 U.S.C. § 1401, et seq., the Rehabilitation Act, 29 U.S.C. § 794, and N.Y. Education Law § 4401, et seq., with regard to the discharge or transfer of the student. Nothing in this agreement impairs any student's rights under these statutes. Page 10

 

l. Any Current FKL Student or Separated FKL Student who requires less than a full-time course load to complete the credits needed for high school graduation shall be permitted to attend a shortened school day at FKL and provided with a program that consists of the requisite classes as available in FKL's schedule.
5. Nothing in this agreement shall preclude DOE from implementing N.Y. Education Law §§ 3202 and 3214.
6. The DOE shall adopt and carry out procedures for holding Planning Interviews at FKL during the Agreement Period. These Planning Interviews do not supplant FKL's existing obligations to provide guidance and other services.
a. Planning Interviews are required to be scheduled prior to the time any Current FKL Student is transferred or discharged from FKL in the following situations: (i) a 16 or 17 year old student obtains a full time employment certificate; (ii) a student enrolls in a DOE Evening High School; (iii) a student enrolls in a non-DOE business or trade school or other non-DOE training program; (iv) a student enters military service; (v) a student enrolls in a state approved non-DOE high school equivalency program; (vi) a student enrolls in a part-time DOE GED Program; (vii) a student over compulsory school age voluntarily withdraws from school; (viii) a student over compulsory school age has been absent twenty (20) consecutive school days; (ix) a 16 or 17 year old student enrolls in a full-time GED program (ASHS); and (x) a student leaves school due to pregnancy. If the student does not wish to be discharged or transferred, the school cannot transfer or discharge the student, except to the extent permitted by applicable law.
  b. Planning Interviews shall include, at a minimum, the following components: (i) written invitation, sent at least five (5) days prior to the Planning Interview, to the parent Page 11 and student; (ii) a notice of student rights, in the form attached hereto as Exhibit A, must be included in the written invitation and at the Planning Interview; (iii) a review of the student's credits and progress toward a diploma; (iv) a review of the student rights form for the purpose of explaining those rights to the student and parent; and (v) consideration of whether additional services and supports (such as tutoring, ERSS, AIS, HLL services, summer school, guidance services, and counseling) have been or should be provided to help the student stay at FKL, whether transfer to another DOE High School would help the student stay in a regular high school program, and whether a child may have a learning or other disability that suggests a need to make a referral for Section 504 or IDEA services. If, after the Planning Interview, the student does not want to remain at FKL, the student can be discharged or transferred to the extent permitted by applicable law. At the Planning Interview, a copy of the notice of settlement of the Ruiz Action shall be provided to student.

 

c. If, after a Planning Interview, the student wants to transfer to a GED program, a member of the FKL guidance staff must (i) assist the student in identifying appropriate DOE GED Programs or non-DOE GED programs, (ii) contact those programs for the student, and (iii) make every reasonable effort to arrange for admission and registration of the student at a program. In addition, a list of DOE GED Programs and non-DOE GED programs should be provided to the student and/or parent.
  d. If, after a Planning Interview, the student wants to transfer to another DOE High School, a member of the FKL guidance staff must explain the transfer process to the student and complete all the steps that FKL must take to complete the transfer. Page 12

 

e. For any student described in sub-paragraph 6(a), FKL will review the student's behavior and performance to determine whether there is reason to suspect that the student has a disability. If there is reason to suspect a disability. FKL will ensure that a referral for an evaluation is made and that the appropriate procedures for obtaining consent and evaluating the student are followed.
f. The Regional Director of Student Placement, Youth and Family Support Services, for Region 5 ("Regional Director") will review all transfers and discharges of Current FKL Students during the Agreement Period, including those who require Planning Interviews, to ensure that transfers and discharges are properly done in accordance with law and this agreement.
  7. During the Agreement Period, on a quarterly basis, DOE shall provide Plaintiffs' counsel with redacted copies of all Planning Interview forms, with all attachments thereto, for Current FKL Students, as well as reports concerning (a) Current FKL Students who have been discharged or transferred from FKL; (b) Current FKL Students designated LTA; and (c) the provision of AIS, ERSS, SES and guidance services at FKL. The information provided by the DOE shall not contain personally identifiable information concerning the students, their parents, or their families. The information provided will include the number of students discharged and transferred, the reasons for discharge or transfer broken down by code, the month and year of the discharged or transferred student's birth, the number of credits earned by the students as of the date of discharge or transfer, the number of students discharged or transferred who have been designated as ELL students, and the number of students discharged or transferred who have been designated as students with disabilities. With respect to Code 00 transfers, the DOE shall provide the aggregate number and ages of students transferred to a DOE GED Program. Page 13

 

8. Upon Plaintiffs' counsel's request, counsel for the parties shall meet to discuss the reports issued pursuant to ¶ 7 of this agreement within fifteen (15) school days of their delivery to Plaintiffs' counsel.
9. No later than thirty (30) school days after the effective date of this agreement, and once each year thereafter during the Agreement Period from the time of the initial training, the DOE shall conduct a training session of all Regional Staff in Region 5, including the Regional Director, and FKL administrative and student support staff, including but not limited to the FKL principal, assistant principal of guidance, guidance counselors, attendance personnel, and supervisors of guidance counselors and attendance personnel. The training shall include, but is not limited to, DOE's obligations under this agreement, relevant law and DOE policies and procedures concerning a student's entitlement to attend the City's public schools, including receipt of AIS, ERSS, guidance and SES services, if eligible and DOE's obligations concerning attendance, registration, discharge, and transfer of students, students with disabilities, and child find. DOE agrees to allow Plaintiffs' counsel to have input regarding the development of the curricula for and delivery of this training.
10. Within ten (10) school days of the effective date of this agreement, the DOE shall send the notice attached as Exhibit B to the Principal of each DOE High School, other than FKL, and the director of each DOE GED Program where a Separated FKL Student is registered as of the effective date of this agreement.
  11. Within thirty (30) school days of the effective date of this agreement, Defendants shall implement a Young Adult Success Center in conjunction with Cypress Hills Services Center or a similar organization to assist any Current FKL Student or Separated FKL Student. Services at the Cypress Hills Services Center shall be available for at least twelve (12) hours weekly. To the Page 14 extent a Separated FKL Student is attending a school or program other than FKL and that student does not wish or is unable to access the services provided by the Young Adult Success Center, the DOE shall make every reasonable effort to provide the student with access to similar services at a more convenient location, provided that such services and locations are available.

 

12. Defendants agree that Plaintiff's are entitled to counsel fees as though they are prevailing parties and agree not to contest Plaintiffs' entitlement to seek fees under 42 U.S.C. § 1988. The parties agree to negotiate the amount of fees and, if they are not able to do so within ninety (90) days of the effective date of this agreement, Plaintiffs may submit an application for counsel fees to the United States District Court for the Eastern District of New York, to which Defendants shall have an appropriate opportunity to respond consistent with this paragraph.
13. Nothing in this agreement is an admission of liability by DOE or any of the Defendants. Nor shall it have precedential value with respect to any obligation of the City of New York, DOE, or the Defendants. This agreement shall not be admissible in, nor is it related to, any other litigation or settlement negotiation, except with regard to an action to enforce the terms of the agreement. This agreement, however, may be raised by a Current FKL Student or Separated FKL Student during any meeting with the DOE for the purpose of obtaining the benefit of any provision of the agreement. Nothing herein shall be deemed evidence of a policy or practice of the City of New York or DOE. Nothing in the agreement shall be deemed evidence of any wrongful act or omission of the City of New York, DOE, or any of the Defendants in their individual or official capacities.
  14. Nothing in this agreement impairs any rights or claims that any named Plaintiff or purported class member may have against the DOE arising from the alleged incidents asserted in the Ruiz Action. This includes any alleged right or claim to seek money damages and/or Page 15 compensatory educational services, including but not limited to those sought under the Individuals with Disabilities Education Act, 20 U.S.C. § 1401, et seq., or the Rehabilitation Act, 29 U.S.C. § 794. Nothing in this agreement impairs the right of any Current FKL Student, Group A LTA Student, Group B LTA Student, or Separated FKL Student or their parents or legal guardians to seek a disability evaluation, guidance evaluation, or due process hearing, as permitted by law. The statute of limitations on such claims shall be tolled during the period from January 1, 2003, to effective date of this agreement. Nothing in this agreement impairs any rights or defenses that the Defendants may have with respect to any claim made or allegation asserted by any named Plaintiff, or by any purported class member, in this action or in any subsequent action, hearing, or proceeding.

 

15. This agreement contains all the terms agreed to by the parties. It can only be changed by subsequent written agreement of the parties or by order of the Court entered following application by the Plaintiffs or Defendants.
16. The parties consent to the jurisdiction of the United States District Court for the Eastern District of New York to adjudicate any dispute or controversy between the parties concerning the terms and conditions of this agreement.
  17. This agreement is intended to establish procedures, practices, and remedial relief that will, in whole or in part, benefit Separated FKL Students, Current FKL Students, Group A LTA Students, and Group B LTA Students (hereinafter referred to as "intended beneficiaries"). Parents of students age 17 and under and parents of certain disabled students under age 21 may be entitled to certain notices and procedures under the agreement. Page 16

 

a. Where a provision of the agreement specifically references a sub-group of students for whom relief is to apply, only the referenced group(s) shall be deemed to be the intended beneficiary of the relief provided for by the respective provision.
b. Where a provision is silent as to the specific sub-group of students for whom relief is to apply, the provision shall be enforceable by Separated FKL Students, Current FKL Students, Group A LTA Students, and Group B LTA Students.
c. Each of the named plaintiffs is an intended beneficiary of each of the provisions of the Settlement Agreement and may enforce all provisions.
  18. Should an intended beneficiary, including but not limited to the named plaintiffs, believe the Defendants have not substantially complied with the terms of this Settlement Agreement, he or she may seek to enforce the allegedly breached provision of the agreement in the United States District Court for the Eastern District of New York seeking relief, including specific performance of the allegedly breached provision. The intended beneficiary shall, directly or through counsel, notify Defendants' counsel and the Chancellor of the DOE in writing at least ten (10) school days before seeking the Court's assistance or intervention. In the event that the student seeking the Court's assistance or intervention has been excluded from school, and has been unable to register for school and attend classes under the procedures in paragraph 3 of this agreement, written notice must be made to Defendants' counsel and the Chancellor of the DOE three (3) school days prior to the time the student seeks the Court's intervention or assistance. The intended beneficiary shall apprise Defendants' counsel of the factual basis of his or her dispute and provide copies of all documents on which he or she is relying, to the extent known at the time, at the same time that notice of intention to seek judicial assistance or intervention is provided. As soon as possible after notice is provided pursuant to this paragraph, the parties or Page 17 their representatives shall meet to discuss the basis for the request for relief and possible solutions that would obviate the need for judicial intervention or assistance. Should the parties be unable to meet before the notice period expires, the meeting requirement may be dispensed with and the intended beneficiary may seeks the Court's assistance or intervention without first meeting with Defendants.

 

19. Intended beneficiaries shall be entitled to seek an award of attorneys' fees, costs, and disbursements associated with work performed in pursuing and prevailing in judicial enforcement of the terms of this agreement under the same terms and conditions as such fees and costs are available under 42 U.S.C. § 1988 for post-judgment enforcement work.
20. Notwithstanding the provisions of this agreement, nothing shall prevent the Defendants from modifying, changing, or otherwise altering or amending their policies and/or procedures if required by intervening changes in federal and/or state law, regulation, and/or court order which are inconsistent with the terms of this agreement. The Defendants shall provide Plaintiffs' counsel with notice of any change at least twenty (20) school days prior to the commencement of implementation, unless the Defendants are required to commence implementation of such change in less that twenty (20) school days, in which case, Defendants' counsel shall provide such notice no later than five (5) school days after learning thereof.
  21. The terms and conditions of this agreement shall be deemed to become effective and the parties' obligations, rights, and responsibilities shall commence upon the signing of the Order of Discontinuance and shall continue until June 30, 2006, at which time this agreement shall terminate of its own accord. However, paragraphs 2, 3(e) and 13 through 20 of this agreement shall continue in effect until June 30, 2008 with respect to any Separated FKL Student or Group A LTA Student as described in paragraph 3(e) of this agreement, who is enrolled as of June 30, Page 18 2006, in a DOE GED Program, DOE Adult Education Program, or DOE Evening High School, provided that the student is making progress toward the diploma sought. Nonetheless, this agreement shall not become effective if the Order of Discontinuance entered in the above-captioned action does not include a provision under which the United States District Court for the Eastern District of New York retains jurisdiction with respect to the enforcement of this agreement. The parties agree to submit to the Court a proposed Order of Discontinuance within ten (10) business days of the date of execution of this Agreement. Page 1

  NOTICE TO FRANKLIN K. LANE STUDENTS

 

IMPORTANT INFORMATION FOR STUDENTS AND THEIR PARENTS ABOUT THEIR EDUCATIONAL RIGHTS
General information about your rights

  1. Every student has the right to attend school full-time until he or she receives a regular high school diploma or until the end of the school year in which he or she turns 21, whichever comes first. This includes the right to take classes that prepare the student to earn credits for high school graduation and to take the examinations needed to obtain a Regents High School Diploma, and/or if applicable, a Local High School Diploma.

  2. Every student must attend school full-time until the end of the school year in which s/he turns 17, unless the student has graduated from high school.

  3. Every student who leaves school and who is under 21 years of age and does not have a regular high school diploma has the right to re-enroll in school to earn a regular diploma. This includes but is not limited to students who enrolled in a GED program, or who dropped out of school and want to return to school.

  4. Every student has the right to refuse to be transferred to a GED program or any alternative program that does not provide the opportunity to earn credits towards a high school diploma.

  5. Every student has the right to notice of a suspension or involuntary transfer and an opportunity for a hearing or conference before being suspended or transferred to another school. For a complete description of your rights and the applicable procedures, please refer to Chancellor's Regulations A-240, A-443 and A-450. Copies of these regulations are available at your school and on the internet at www.nycenet.edu.

  6. Every student at Franklin K. Lane may attend a shortened school day if the student does not need a full-time credit load in order to graduate.

  7. FKL Students, including FKL students marked as a long-term absence, may not be barred from attending classes solely due to age (unless the student is over 21 years old), lack of credits, poor grades, truancy, irregular attendance, or failure to pass Regents or RCT examinations.

  8. Certain FKL students who were previously discharged from FKL must be given priority in enrolling in night school and in classes they need to graduate.

  9. Every student who is transferring to a GED program or another school has the right to attend his or her current school until registered or enrolled at the new school or program. Page 2

  10. If you are having difficulty in school, you may be eligible to receive special instruction and/or services to help you stay in school and succeed. Such services and instruction include academic intervention services, student support services, guidance services and/or educationally related support services. Ask your guidance counselor to tell you about such services.

 Information about your rights to educational services

  11. Every student who has been determined to be an English Language Learner is entitled to bilingual education or English as a Second Language classes.

  12. Every student who has an Individualized Education Plan ("IEP") has a right to prior written notice of a transfer or discharge and an opportunity to request mediation or a hearing to contest the transfer or discharge.

  13. Every student or parent has the right to request, at any time, an evaluation to determine whether the student has a leaming disability or other disability. Ask your guidance counselor how to request an evaluation or make a request for an evaluation by writing directly to the Committee on Special Education Region 5, Department of Education, 82-01 Rockaway Boulevard, Ozone Park, N.Y. 11416.

  14. Every student with a disability, who has been determined to be in need of special education and/or related services, is entitled to a free appropriate public education until he or she receives a regular high school diploma or finishes the school year in which s/he turns 21, whichever comes first.

 Information about earning a GED diploma

  15. Obtaining a GED diploma is not the same as obtaining a Regents High School Diploma or a Local High School Diploma and may impact upon your future. For example, obtaining a GED diploma may effect your admission to college or admission to the military.

  16. Every student who has completed the school year in which s/he turned 17 may transfer to a part-time GED program. Part-time GED programs meet at least 12 hours per week.

  17. If you are 16-19 years old, you may be eligible to enroll in a full-time alternative transition program operated by the NYC Department of Education or another N.Y.S. school district or BOCES. This program includes preparation for the GED.

  18. GED programs include instruction in reading, mathematics, written and oral communication, life skills, and workforce preparation as well as GED test preparation.

  19. The GED examination is a battery of 5 tests. You may take any or all of the 5 tests in the battery in the same administration series. Only your best score on each test counts. Page 3 discharge is truly voluntary and conducted in accordance with law; (b) the transfer or discharge is documented in writing; and (c) the student and parent receive notice of the student's right to stay in school until the student cams a regular diploma or turns 21. Students of compulsory school age may not be transferred or discharged to part-time programs.

  Your school or program should maintain a copy of all forms signed by the student and/or parent concerning discharge and/or transfer. In particular, a Planning Interview Form must be completed in all appropriate circumstances and a copy of the signed from maintained in the school's folder for the student. In addition, a copy of the Student's Notice of Rights should be provided to each student and/or parent who attends a Planning Interview.

  If you or your staff have any questions about the rights of Separated FKL Students who wish to transfer or be discharged from your school or program, or who are removed from class, please contact Alexandra Michalos at DOE's Office of Legal Services at 212-374-2986. Ms. Michalos is also available to answer any other questions you may have concerning the issues outlined in this mamo. Page 4

  MODE = MEMORY TRANSMISSION START=JAN-06 15:25 END=JAN-06 15:31

  FILE NO.=126

20040106

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.