Court grants class certification in suit against New York Department of Education on behalf of students with diabetes.

On June 18, 2019, United States District Judge Nina Gershon, of the Eastern District of New York, certified a class defined as:

All students with diabetes who are now or will be entitled to receive diabetes related care and attend New York City Department of Education schools.

The case, M.F., et al. v. The New York City Department of Education, et al., was brought by the parents of three New York City public school students with diabetes and the American Diabetes Association, suing as an organizational plaintiff on behalf of its members who who include children with Type 1 and Type 2 diabetes who attend New York City Department of Education (DOE) schools and their parents.

Read more

Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.

Popper & Yatvin partner Alan L. Yatvin is serving as co-counsel in a federal class action lawsuit filed on November 1, 2018, alleging the New York City public schools routinely violate the rights of students with diabetes by denying them necessary services and even excluding them from some school activities altogether. Almost two months into another school year, many parents of children with diabetes still face the impossible choice of sending their child to school without knowing whether their child will receive the necessary diabetes-related care or keeping them at home.

Disability Rights Advocates (“DRA”), the American Diabetes Association (“ADA”), and Law Offices of Popper & Yatvin are suing the New York City Department of Education (“DOE”) and other New York City agencies for their systemic failure to ensure that students with diabetes can attend school safely and have access to the same educational opportunities as their peers. This constitutes a clear violation of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the New York City Human Rights Law.

Read more

Court of Appeals agrees with Yatvin on student’s right to attorney’s fees

In 2008, Popper & Yatvin partner Alan L. Yatvin filed an administrative complaint under the Individuals with Disabilities Education Act (IDEA) on behalf of Emily R., a second grader in the Ridley School District, in suburban Philadelphia. On March 30, 2017, after two previous appearances on this case in the United States Court of Appeals for the Third Circuit, Yatvin was again before the Court for oral argument.

Read more

Protecting special needs students when charter schools close

One of the unintended consequences of the proliferation of charter schools is that, unlike public school districts, they can easily go bankrupt or lose their charter and close. While such closures are painful for all the enrolled students and their families, already vulnerable students with educational disabilities are especially exposed. Not only must they often find an alternative placement on short notice, but there will frequently be a lag in provision of services at their new school. Because these closures are rarely telegraphed in advance, timing often renders the option of other charter schools or special admission public schools unavailable.

Another consequence of such closings is the complicating of avenues for challenging decisions of those school that continue to dog special needs students.  If a charter school makes an agreement with a parent, then disappears, what is the parent to do? If a charter school fails to identify or inadequately identifies a child’s disability, or owes a child compensatory education for services not provided, how does a parent pursue the traditional administrative processes for relief? And how do parents without resources get a lawyer to help them?

On December 5, 2016, those questions were answered in a case brought by Popper & Yatvin partner Alan L. Yatvin: R.V. Individually and on Behalf of S.V-W., a Minor, v. Pedro A. Rivera, Commonwealth of Pennsylvania, Commonwealth of Pennsylvania, Department of Education, E.D.Pa. Civil Action No. 16-2277.

Read more

Yatvin on Sirus XM’s Knowledge@Wharton

On Thursday, November 19, 2015, at 11am ET, Popper & Yatvin partner, Alan L. Yatvin, will be a guest on Knowledge@Wharton, a daily, call-in business interview program, broadcasting live on Sirius XM from The Wharton School at the University of Pennsylvania. Alan will be speaking with host Dan Loney about the rights of children with … Read more

Diabetes Care in the School Setting: A Position Statement of the American Diabetes Association

Popper & Yatvin partner Alan L. Yatvin was a member of the writing group for Diabetes Care in the School Setting: A Position Statement of the American Diabetes Association,  (ADA) published in the journal Diabetes Care, October 2015 vol. 38 no. 10 1958-1963.

Read more

Yatvin quoted by The New York Times

Popper & Yatvin partner Alan L. Yatvin was quoted by The New York Times in an October 27, 2015, article: Many Schools Failing on Type 1 Diabetes Care.  The article highlights the failure of many schools to provide students with type 1 diabetes with the routine care they need, and the fact that often parents … Read more

Marissa’s Story

Four year old Marissa really needed a preschool.  Her mother, Evelyn, was struggling with intensive treatment for breast cancer and her father had a chronic, progressive disease that required him to use a wheelchair.   But Marissa was full of life and ready to get going on her education. She wanted to start preschool, but her low income family could not pay for it themselves. Fortunately, Marissa got into a publicly funded Head Start prekindergarten program sponsored by her public school district. After starting in September she had a fabulous three months.  She practically jumped out of her skin with excitement every morning as her grandmother, Helena, helped her get ready for school.  Then she began her school day enjoying a federally funded breakfast with her classmates.  Afterwards she zipped through a full day of learning and play.  Once a week she met with a speech and language therapist to get help with her speech disability.

Read more

Yatvin defeats certiorari in U.S. Supreme Court, preserves special education victory

Emily, a 1st grade student in a Pennsylvania school district, was identified in 2008 as a student with a disability needing special education.   Dissatisfied with the school’s plan to address Emily’s needs, her parents enrolled her in The Benchmark School, a private school with a program to address her needs, particularly in reading.

Emily’s parents then hired Popper & Yatvin partner Alan Yatvin to represent them. Yatvin filed an administrative complaint with the Pennsylvania Office of Dispute Resolution, requesting reimbursement for Emily’s tuition, along with transportation to Benchmark.  Following a three day hearing, the Pennsylvania Special Education Hearing Officer ruled on April 21, 2009, that the school district had failed to offer Emily an appropriate educational program, and ordered the school district to pay Emily’s tuition and provide her transportation.

Read more