Prompt Return to School for Students After Court-Ordered Setting

A consent decree settling litigation against the state (J.G. v. Mills, cv-04-5414, E.D.N.Y.) requires that all students returning to New York City schools from placements in the juvenile justice system be promptly enrolled in school after release; credits earned while students were in court-ordered settings get evaluated and awarded on students’ transcripts; and students with Individualized Education Programs (IEPs) receive timely and appropriate special education services and placements. Under the consent decree, the DOE must offer eligible students educationally related support services, academic intervention services, and guidance services, and must allow eligible students to attend summer school.

For students returning from city-operated placements, the consent decree requires that the Department of Education (1) register the student at their last community school within 2 school days of discharge, or if the DOE and family decide that the student requires a different school placement, that the DOE effect transfer within 5 school days of the student’s appearance at a DOE enrollment office; (2) provide student records from the facility to the community school. An electronic database of student records facilitates enrollment and records transfer.

For students returning from state-operated placements, the DOE must (1) provide a school placement within 5 school days of the student’s appearance at an enrollment office; and (2) request student records from State Office of Children and Family Services if the DOE has not received them. Additionally, if the student is in high school, the DOE must ensure that the school evaluates transcripts from OCFS and other schools for transferrable credit. Students may appeal in writing to the principal any decision not to grant credit.