External Monitor Finds NYC Department of Education Making Progress, But Still Out of Compliance with Eleven Key Settlement Benchmarks Protecting K-12 Students with Diabetes
In November 2018, Disability Rights Advocates (DRA) and Alan L. Yatvin of Weir LLP filed M.F. et al. v. New York City Department of Education et al., a class action lawsuit on behalf of the American Diabetes Association® (ADA) and three individual students with diabetes. The lawsuit challenged DOE’s—and several other city agencies’—systemic failure to ensure that students with diabetes could attend school safely and access the same educational opportunities as their peers.
In April 2023, a federal court granted final approval to the class action settlement. Under the settlement, DOE, New York City, the New York City Department of Health and Mental Hygiene (DOH), and the Office of School Health (Defendants) agreed to implement new policies, practices, and procedures.
Now, three years later, an External Monitor (Monitor) has issued a report recognizing DOE’s progress while finding that it remains out of compliance with eleven key settlement benchmarks.
For the period from September 1, 2025, to January 1, 2026, the monitor reported areas of progress and deficiencies.
PRIORITY RECOMMENDATIONS
At the Monitor’s request, Defendants will submit targeted corrective action plans within 30 days to address noncompliance in three categories: returning student timeliness, the new student pre-meeting requirement, and unmet training benchmarks. The corrective action plans should include timelines and progress markers. The Monitor also recommended that DOE identify the root causes of delays and implement process changes that move training and planning earlier, so the Agreement’s deadlines are met.
For the full story: [LINK]
To read the report: [LINK]
For details about the case: [LINK]
