NYC Class Notice

Advocacy

NYC Class Notice

Notice: NYC Schools Settlement: M.F. v. Department of Education–Settlement Fairness Hearing
 

YOU OR YOUR CHILD MIGHT BE AFFECTED BY A PROPOSED CLASS ACTION SETTLEMENT ABOUT DIABETES-RELATED CARE IN SCHOOL AT NEW YORK CITY DEPARTMENT OF EDUCATION PUBLIC SCHOOLS.

A court authorized this notice. This is not a solicitation from a lawyer.

Your child might be a member of a proposed settlement class if they:

  1. Have type 1 or type 2 diabetes; and
  2. are now or will in the future be enrolled in a New York City Department of Education (DOE) public school

In 2018, three children with diabetes, by and through their parents, along with the American Diabetes Association® (ADA) (together, the Plaintiffs), filed a lawsuit against the Defendants (the DOE, the New York City Department of Health and Mental Hygiene, the Office of School Health, and the City of New York) seeking better care for children with diabetes in school. This lawsuit is called M.F., et al. v. New York City Department of Education, et al., Civil No. 18-CV-6109.

In 2022, the Defendants settled the lawsuit by agreeing to put in place certain policies, practices, and procedures. In summary, the settlement provides for: 

  1. Improving planning for students with diabetes by ensuring the creation and adoption of robust Section 504 Plans that describe the diabetes-related care and accommodations that students with diabetes need to safely attend school and benefit from their education and school-sponsored activities. 
  2. Training of school nurses, paraprofessionals, teachers and other school staff, bus drivers, and bus attendants on diabetes care to meet the needs of students with diabetes.
  3. Ensuring diabetes-related care and accommodations are provided in the least restrictive environment to allow the student to interact to the greatest extent possible with their peers who do not have disabilities, with the goals of limiting missed instruction time and separation from classmates.
  4. Ensuring students with diabetes have equal access to school and school-related activities like field trips, school-sponsored after-school and extracurricular activities, and a recognized breakfast program, by requiring that they receive necessary diabetes-related care and accommodations during those activities.

Fairness Hearing

The Court has scheduled a virtual Fairness Hearing to take place on April 19, 2023 at 2:00 p.m. ET. If the date or time of the Fairness Hearing changes, we will post the updated information to this webpage.

Topic: MF v NYC 18cv6109 Fairness Hearing
Time: April 19, 2023, at 2:00 p.m. Eastern Time

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Meeting ID: 160 067 3093
Passcode: 090317

TO LEARN MORE, OR TO GET A COPY OF THE FULL SETTLEMENT NOTICE OR AGREEMENT, VISIT the ADA’S SAFE AT SCHOOL®  NYC SCHOOLS LITIGATION PAGE.

Read the Settlement Agreement

Read the Order Granting Preliminary Settlement Approval

Read the Class Notice

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