Success Academy Charter School Network Ordered to Pay Over $2.4 Million in a Disability Discrimination Case Brought by Families of Five Former Students

Stroock & Stroock & Lavan LLP
Contact

Stroock & Stroock & Lavan LLP

Charter school network Success Academy, which touts its commitment to children “from all backgrounds,” has been ordered to pay over $2.4 million on a Judgment in a case brought by families of five young Black students with learning and other disabilities who sued after the children were pushed out of a Success Academy school in Brooklyn. Success Academy’s efforts to oust the children even included the creation of a “Got to Go” list, as reported by the New York Times in October 2015, which singled out the students they wanted to push out, including the five child plaintiffs.

The lawsuit, brought by New York Lawyers for the Public Interest, Advocates for Justice, and Stroock & Stroock & Lavan LLP, concluded on March 10, 2021 with Senior United States District Judge Frederic Block’s ruling, which included a precedent-setting determination that federal disability discrimination laws authorize reimbursement of expert fees.

The case charged that Success Academy engaged in practices targeting students with disabilities, in order to force them to withdraw. The practices detailed in the suit included regularly removing the children from the classroom and calling the parents multiple times daily.

“This Judgment provides justice to the children and families who suffered so much,” said Christopher Schuyler, a senior attorney in the Disability Justice Program at New York Lawyers for the Public Interest. “It also underscores the need for schools to cease doling out harsh punishments for minor infractions that can interrupt children’s academic progress and divert them into the school-to-prison pipeline.”

“Success Academy’s harsh, inflexible, one-size-fits-all approach to discipline is at odds with its obligation to reasonably accommodate students’ disabilities,” noted Kayley McGrath, an associate in Stroock’s Litigation Group. “These children and their families were forced to withdraw from the Success Academy network not only because their educational needs were not being met, but also because they were explicitly not welcome there. This Judgment recognizes that children with disabilities deserve access to an accommodating learning environment that approaches their needs not with contempt, but with empathy.”

“Success Academy forced these families to withdraw their children by bullying and daily harassment, instead of providing a quality education free from discrimination,” said Laura D. Barbieri, Special Counsel to Advocates for Justice. “New York’s parents and children deserve better, and we are pleased these families achieved justice.”

The litigation centered on five children, then a mere 4 to 5 years old, with diagnosed or perceived disabilities. Success Academy did not provide appropriate accommodations, and frequently dismissed the students prior to the end of the school day – often for behaviors like fidgeting and pouting.  Success Academy also threatened to call child welfare authorities to investigate the children’s families, and even sent one child to a hospital psychiatric unit. Each family eventually removed their child from the Success Academy network.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Stroock & Stroock & Lavan LLP | Attorney Advertising

Written by:

Stroock & Stroock & Lavan LLP
Contact
more
less

Stroock & Stroock & Lavan LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.