J.Y. v. Providence School Department (2018)

Category: Active Case    Discrimination    Rights of the Disabled    Students' Rights    Youth Rights    

About This Case:
J.Y. v. Providence School Department is one of three separate administrative legal actions taken with the RI Department of Education on behalf of students with disabilities who a caught up in the Providence school bus strike. All three complaints allege that the failure of the school district to honor its responsibility under the students’ Individual Education Plans (IEPs) to provide transportation to and from school violates federal and state laws protecting the students’ rights.

The three legal actions, all filed with RIDE, were:

1) Due Process Petition.
Filed by ACLU volunteer attorney Christine Marinello on behalf of twelve-year old Jeremy Young, who has “complex medical, mobility and academic needs and requires the use of a wheelchair at all times.”

2) Demand Letter.
Letter is on behalf of students with disabilities who live and go to school outside Providence, but who have been affected because their buses originate in Providence and are therefore not running.

3) Class Administrative Complaint.
Complaint is on behalf of four named families representing all students with disabilities whose education plans for transportation are being disregarded during the strike.

Current Status:
In February 2019, these complaints were formally settled.  The ACLU is still helping get reimbursement to parents who lived outside Providence but had their busing disrupted by the strike. Parents experiencing problems in getting reimbursed can contact the ACLU.

Attorneys:
Christine Marinello, Veronika Kot, Ellen Saideman

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