Plaintiff accuses NYC Department Of Education Of Failing To Provide Mandated Special Education Services


U.S. District Court for the Eastern District of New York | Official Website

A mother has taken legal action against the New York City education authorities, claiming they failed to provide her son with the special education services he is entitled to under federal and state law. On November 25, 2025, B.G., on behalf of her minor son M.G., filed a complaint in the United States District Court for the Eastern District of New York against the Board of Education of the City School District of New York, the New York City Department of Education (DOE), the City of New York, and Chancellor Melissa Avilés-Ramos.

The case centers around allegations that M.G., a school-age child with disabilities, was denied his right to receive special education services at public expense as mandated by the Individuals with Disabilities Education Improvement Act (IDEA) and New York State law. According to B.G., despite being eligible for these services during the 2023-2024 school year, M.G. did not receive them due to systemic failures by the DOE. As a result, B.G. had to secure private Special Education Teacher Support Services (SETSS) for her son. The plaintiff claims that both an Impartial Hearing Officer (IHO) and a State Review Officer (SRO) failed to hold the DOE accountable for its obligations, instead improperly shifting burdens onto her as a parent.

B.G.'s lawsuit seeks several forms of relief from the court. She requests that previous administrative decisions be overturned and that it be recognized that M.G.'s educational needs were not met by public means. Additionally, she seeks reimbursement for privately funded SETSS at $215 per hour and asks for compensatory services to address any educational deficits caused by this failure. The complaint also demands systemic changes within NYC's educational system to prevent future violations against students like M.G., alongside attorneys' fees and other costs associated with pursuing this litigation.

Representing B.G. is attorney Laura Dawn Barbieri from The Law Office of Laura D. Barbieri, PLLC. The case is presided over by Judge Joshua Pal under Case ID 1:25-cv-06560.

Source: 125cv06560_BG_v_The_Borad_of_Education_of_the_City_School_District_of_the_City_of_New_York_Complaint_Eastern_District_New_York.pdf

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