Commissioner’s Appeal vs DOE failure to ensure parent consent placing child in an online learning class

A Commissioner’s Appeal was filed June 12, 2024  on behalf of Class Size Matters and four parent plaintiffs vs DOE guidance dated May 13, 2024 that advised schools that they could place students in online classes and keep them there until their parents complained, which violates the State Education regulations issued April 28, 2024 that instead require prior parental consent.  Articles about this legal challenge:  Daily News, Parents, advocates ask NY State Dept. of Ed to void remote learning policy as city mulls expansion;   Politico Pro, Advocacy group accuses DOE of failing to ensure parental consent for online classes

On June 16, a corrected version of the Appeal was filed, as well as an additional affidavit from Amy Ming Tsai, Bronx parent.

Documents:

Verified Petition, filed June 12, 2024

Regarding NYC Dept of Education Issuance of the Virtual and Blended Courses Guidance, which Unlawfully Permits the Respondents to Assign and Place Petitioners’ Respective Children in Virtual or Blended Classes Without First Obtaining Express Written Consent from Parents/Guardians, in Violation of the NYSED Regulations of the Commissioner

Corrected Verified Petition, filed June 16, 2024

Affidavit of Leonie Haimson, Executive Director, Class Size Matters

Affidavit of Amanda Vender, Queens parent and ESL teacher

Affidavit of Tanesha Grant, Manhattan parent and Executive Director, Parents Supporting Parents NY  and Moms United For Black Lives NYC

Affidavit of Naila Rosario, Staten Island parent

Affidavit of Tia Schellstede, Brooklyn parent

Affidavit of Amy Ming Tsai, Bronx parent (filed June 16)

NY State Ed regulations on online learning, approved April 28, 2024  [Exhibit C]

DOE guidance on online learning, updated May 13, 2024 [Exhibit D]