A mother has taken legal action against the New York City Department of Education, alleging that her child with severe autism was denied appropriate educational services. On November 24, 2025, J.M., on behalf of herself and her child T.M., filed a complaint in the United States District Court for the Southern District of New York against the New York City Department of Education and other associated entities.
The case centers around allegations that the defendants violated T.M.’s rights under the Individuals with Disabilities Education Improvement Act (IDEA) and Section 504 of the Rehabilitation Act. J.M. contends that despite numerous administrative hearings she won on behalf of her children, including T.M., to secure necessary services such as applied behavior analysis (ABA) and extended school day programs, these were not adequately provided by the defendants. She claims that essential assessments and planning needed for transitioning to post-secondary life were also neglected.
J.M. seeks attorney’s fees for hearings related to school years from 2019-2022 where she had to fight for continued funding due to alleged failures by the DOE to offer special education services. The complaint argues that despite federal mandates requiring a Free Appropriate Public Education (FAPE) tailored through an Individualized Education Program (IEP), T.M.’s needs were unmet. A significant ruling from an impartial hearing officer in November 2022 found that T.M. was not offered a FAPE during critical school years, resulting in compensatory education valued over $1 million being awarded.
Plaintiff J.M., having been deemed a prevailing party in previous hearings, is now seeking reasonable attorney’s fees and costs related to both past hearings and this current action. The lawsuit requests declaratory judgment acknowledging violations of their rights, along with further relief deemed just by the court.
The case is represented by Elisa Hyman from The Law Office of Elisa Hyman, P.C., with Judge overseeing proceedings under Case ID 25-cv-9777.
Source: 125cv09777_JM_v_New_York_Complaint_Southern_District_of_New_York.pdf
