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12/13/2004

J.G. v. Mills

The Legal Aid Society brought this class action lawsuit challenging educational practices of the NYC Department of Education (DOE) and the NYS Education Department for youth in or exiting court-ordered settings. The parties settled the claims, requiring that NYC DOE, among other things, timely and appropriately re-enroll youth in school upon their return from detention or placement, including the timely development of an Individual Education Plan (IEP), and review the transcripts of returning high school students to determine what credit will be awarded. Upon a student’s return to the DOE, any credits on the attestation of credits form must be awarded and the transcript should be evaluated to see whether any additional credits can be awarded and in order to place the student in the appropriate coursework. For high school students returning from ACS placements in which education is provided outside of the DOE, the principal must review the student’s transcript to determine whether to award credit and to program the student. For those discharged from Greenburgh Eleven, students are provided with their transcript and a letter of explanation of how credits should be converted to NYC DOE credits. Middle school students should return to their community schools with a report card or other report of work completed while in detention and/or placement. That information should be considered by the returning school in deciding how to program the student and assessing whether the student has passed his/her coursework. Monitoring of the claims against NYC DOE terminated in 2016.