Protect NY Students’ Rights: Civil Litigation That Wins

Students’ Rights in New York: The Basics

Key protections include:

• Federal civil rights laws: Title IX (sex discrimination, including sexual harassment; with a religious exemption in certain circumstances), Title VI (race, color, national origin), Section 504 and ADA Title II (disability), and the Equal Educational Opportunities Act (EEOA) (language-access for English learners). Implementing regulations include 34 C.F.R. Part 106 (Title IX), 34 C.F.R. Part 100 (Title VI), and 28 C.F.R. Part 35 (ADA Title II).
• Special education: The Individuals with Disabilities Education Act (IDEA) guarantees a free appropriate public education (FAPE) and procedural rights, including impartial due process hearings and “stay-put” protections (20 U.S.C. § 1415).
• Student speech and discipline: Public-school students retain constitutional rights to speech (Tinker v. Des Moines) and basic due process before suspension (Goss v. Lopez).
• Privacy and records: The Family Educational Rights and Privacy Act (FERPA) and 34 C.F.R. Part 99 govern access to and amendment of education records; FERPA is enforced administratively (no private damages action, see Gonzaga Univ. v. Doe).
• New York state law: The Dignity for All Students Act (DASA) addresses bullying, harassment, and discrimination in public schools. The New York Human Rights Law also prohibits certain forms of discrimination; its application can depend on the type of school and claim.

Common Student-Rights Violations We Litigate

• Discrimination and harassment based on sex (including sexual orientation and gender identity), race, color, national origin, disability, and religion under Title IX, Title VI, Section 504/ADA, and DASA (Title IX regs; Title VI regs; ADA Title II regs; DASA).
• Failure to address bullying, hostile environment, and retaliation (see 34 C.F.R. § 106.71).
• Disability rights: denial of reasonable modifications, accessibility barriers, or FAPE failures under IDEA/Section 504/ADA (20 U.S.C. § 1415; 29 U.S.C. § 794).
• Free speech and due process: viewpoint discrimination, student press, or unlawful discipline (Tinker; Goss).
• English learner rights: inadequate language services or access under Title VI and the EEOA (20 U.S.C. § 1703(f)).
• Privacy and records: improper disclosure or denial of access to educational records (FERPA: 20 U.S.C. § 1232g).

How Civil Litigation Protects Students

Courts can order schools to stop unlawful practices and provide equitable relief such as services, accommodations, training, policy changes, or record corrections where appropriate. Monetary remedies are available under some statutes, but limits apply. For example, Title IX allows damages (Franklin v. Gwinnett), punitive damages are unavailable under Title VI/§ 504 (Barnes v. Gorman), and emotional-distress damages are not available under certain Spending Clause statutes (Cummings v. Premier Rehab). In urgent cases, courts may grant temporary restraining orders or preliminary injunctions, and IDEA provides a statutory “stay-put” to maintain current placement during disputes (20 U.S.C. § 1415(j)).

Administrative Paths vs. Court Lawsuits

Some claims must or should begin administratively:

• IDEA: Generally proceeds through a due process complaint and an impartial hearing, with state-level review (20 U.S.C. § 1415(f), (g)) and limited judicial review afterward (§ 1415(i)). Exhaustion under § 1415(l) depends on the relief sought and the gravamen of the claim (Fry v. Napoleon; Perez v. Sturgis).
• Title IX/VI/504/ADA: You may file with agencies (e.g., OCR) or sue in court; administrative exhaustion is not generally required to bring court actions for these statutes. OCR complaints typically have a 180-day filing window (OCR How to File).

Evidence That Makes a Difference

• Written reports to the school: emails, portal messages, incident forms, and responses.
• Policy and handbook excerpts: codes of conduct, grievance procedures, Title IX policies, DASA protocols.
• Medical/mental-health documentation: to support disability accommodations and harm.
• Academic records: IEPs/504 plans, evaluations, progress notes, grade impacts.
• Witness accounts: classmates, teachers, coaches, bus staff.
• Contemporaneous notes: incident timelines and school follow-up.
• Digital evidence: texts, social media posts, photos, and video.

Maintain a clear timeline and preserve original files to strengthen both administrative complaints and civil claims.

What to Expect in a New York Student-Rights Case

After intake and record review, we assess jurisdiction, any prerequisite administrative steps, and relief options. We may send a demand letter seeking corrective action. If litigation is appropriate, we file in state or federal court, seek early relief where warranted, conduct discovery, and prepare for settlement or trial. Throughout, we coordinate with families to minimize disruption to the student’s education.

Potential Remedies

• Immediate protective measures and no-contact directives.
• Changes to class placement, services, or accommodations.
• Policy revisions and staff training.
• Expungement or correction of discipline records (note: FERPA is enforced administratively).
• Compensatory education or make-up services.
• Monetary damages where authorized by law.
• Attorneys’ fees and costs when statutes permit (e.g., IDEA § 1415(i)(3)(B); ADA § 12205; Rehab Act § 794a(b); 42 U.S.C. § 1988(b)).

Deadlines and Notice Requirements

Timelines vary by claim, school type, and forum. Some claims require administrative steps before suit. New York imposes pre-suit notice and short deadlines for many claims against educational entities, including N.Y. Educ. Law § 3813 (school districts/BOCES) and N.Y. Gen. Mun. Law § 50-e. Prompt legal advice is essential.

Our Approach

We center safety, services, and swift relief. We build fact-driven cases, calibrate between administrative and judicial forums, and pursue remedies that protect both the student’s immediate education and long-term opportunities. Many matters resolve through negotiated corrective action; when necessary, we litigate to judgment.

FAQs

Do I have to file an OCR complaint before suing?

No. For Title IX, Title VI, Section 504, and ADA claims, you can generally file directly in court. An OCR complaint (guidance here) may still be strategically useful.

What if my case involves special education services?

IDEA disputes typically start with an impartial due process hearing and state review before limited judicial review. Whether exhaustion is required depends on the relief sought and the gravamen of the claim.

Can my child be disciplined without a hearing?

Public-school students are entitled to basic due process before suspension and retain free-speech rights subject to school safety and disruption standards.

How fast can a court act?

Courts can issue temporary restraining orders or preliminary injunctions in urgent cases. IDEA also has stay-put protections to maintain placement during disputes.

How to Get Help

If your child is facing discrimination, bullying, denial of services, or unfair discipline in New York, contact our team for a confidential consultation. Please bring key documents (emails, policies, IEP/504 materials, incident reports) so we can evaluate options quickly.

Schedule your consultation now