J.Y. v. Providence School Department

  • Filed: 10/17/2018
  • Status: Closed
  • Latest Update: Oct 17, 2018
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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.

Attorney(s):
Christine Marinello, Veronika Kot, Ellen Saideman

ACLU Settles Legal Actions on Behalf of Students with Disabilities Affected by School Bus Strike

Settlement agreements have been filed in two cases brought last October by the ACLU of RI and RI Legal Services to protect the rights of special education students who were harmed by Providence’s three-week long school bus strike. Although some remedies have already been implemented by the Providence school district in response to the legal actions, the settlement agreements, filed with the R.I. Department of Education, establish additional enforceable school district educational and financial obligations to compensate the students and their families.

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Remedial Action Taken to Help Students With Disabilities Affected by Bus Strike

The Providence school bus strike may be over, but the legal actions taken by three civil rights organizations last week to protect the rights of special education students harmed by the strike are not. Instead, the groups are working to ensure that parents of those students receive proper notification of their right to get prompt reimbursement for any transportation costs they incurred in getting their children to school, as well as their children's right to compensatory education for the time they missed classes.

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Series of Legal Actions Taken on Behalf of Students with Disabilities Affected by Bus Strike

The ACLU of Rhode Island, along with two other civil rights organizations, has today taken three separate legal steps with the R.I. Department of Education (RIDE) on behalf of students with disabilities who are caught up in the ongoing Providence school bus strike. The 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.

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Groups Advise Providence it Must Provide Transportation to Special Ed Students During Bus Strike

Three organizations that support the rights of students with disabilities have sent a letter to Providence school superintendent Christopher Maher, emphasizing the school district’s legal obligation to provide transportation to special education students during the city-wide school bus strike. The school district has claimed it has been unable to find alternative transportation, but will reimburse parents for the costs they incur in getting their children to school themselves.

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