Parents Sue DOE over School Violence

By RENEE BEYDA

Ten parents from New York City district schools announced on Thursday an historic class action lawsuit accusing the Department of Education for failing to protect students from violence in schools.

Supporters said the 96-page lawsuit, filed Wednesday night and billed as the first in the city’s history, shows compelling evidence that the Department of Education has actively deprived students of their right to public learning in a non-violent environment.

Jim Walden, the lawyer representing the plaintiffs, and Jeremiah Kittredge, the CEO of Families for Excellent Schools, stood in front of Tweed Courthouse, DOE Headquarters, with parents of students affected by school violence.

The plaintiff’s charge that black and brown students, students with disabilities, and LGBT students, are targeted for violence in schools and the victims were being punished and forced to switch classes or schools rather than punishing the bully.

In addition, they claim that the Department of Education has violated the Dignity for All Students Act of 2010, which was set to investigate allegations of school violence.

“We hope a Court will force the Department of Education to meet its legal obligations to protect children from violent students and teachers, and stop them from retaliating against victims,” said Walden.

The parents were not seeking a monetary award but rules for investigating and reporting violent incidents. In addition, they ask the court to assign an independent monitor to each school to guarantee the department’s compliance.

After a woman’s 8-year-old son was punched, kicked, and jumped by his fellow classmates in a school in East Harlem, and the school didn’t take any action, she decided to join the lawsuit.

“At every turn, our cries for help have fallen on deaf ears,” said the mother known as Parent #1 in the lawsuit “No matter what we do, the chancellor and mayor seem to ignore us; that’s why I decided to join other parents in suing the DOE so that our children get the justice they deserve.”

Another woman, known as Parent #3, joined the lawsuit after a teacher in a school in West Harlem dragged her 9-year-old son down a flight of stairs, and the teacher was allowed to remain in the classroom. “The Education Department knew this man had a history of violent behavior. They knew he had attacked my son. But they let him stay in the classroom for years,” she said.

Through the Safe Schools Now Campaign, led by Families for Excellent Schools, parents and students have told their stories about violence in schools, in hopes that Chancellor (Carmen) Fariña and the department would address the growing problem.