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Association of Community Organizations for Reform Now v. New York City Department of Education

Congress did not intend to create individually enforceable rights for school transfer provisions.

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Judge Koeltl

ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW v. NEW YORK CITY DEPARTMENT OF EDUCATION — This class action lawsuit1 is brought pursuant to 42 U.S.C. §1983 by the Association of Community Organizations for Reform Now and the parents of schoolchildren residing in New York against two local school districts and their superintendents or district heads for alleged violations of the No Child Left Behind Act (“NCLBA” or “the Act”), 20 U.S.C. §6301 et seq. The Association of Community Organizations for Reform Now, along with the parents of schoolchildren, including Eunice Staton, Charlene Mingo, Latasha Gibbs, Charlene Wilson, Keikola Valentine, Laverne Jones, Carmella Glass, Deborah Powell-Jasper, Birdie Kite, Michelle Tucker, and, (collectively “the plaintiffs”) have raised two causes of action against the New York City Department of Education and its Chancellor, Joel Klein (the “New York City defendants”); and the Albany School District and its superintendent, Lonnie Palmer (the “Albany defendants”) (collectively “the defendants”), including a claim pursuant to 42 U.S.C. §1983 for violation of the NCLBA (Count 1) and a claim under Article XI, Section I of the New York State Constitution (Count 2), and they seek various injunctive and equitable relief.2

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