NEW YORK (Legal Newsline) - Parents without the resources to ensure their children can attend school remotely during the COVID-19 pandemic are suing the State of New York.
The case was filed Jan. 5 in New York County Supreme Court against Gov. Kathy Hochul, Commissioner of Education Betty Rosa and the New York City Department of Education. The plaintiffs say under the New York constitution, education must be available to all children, free of charge.
That promise extends to online learning, the suit says.
"Defendants still do not provide free and reliable internet service or reliable working iPads and laptops to students who cannot afford to pay for them," the lawsuit says.
"Defendants also have not provided many eligible students with the academic intervention services that they are entitled to and that are necessary to make up for the staggering amount of academic instruction lost since March 2020."
This has created a "digital divide" that biases students who cannot afford the online resources that others can.
The parents are represented by Arnold & Porter Kaye Scholter LLP, as well as Legal Services NYC and Education Law Center.