Independent Monitoring
Gathering data to assess districts' progress in implementing Court orders
In the U.S. federal court system, a "special master" or "independent monitor" is appointed by a judge to assist in overseeing specific aspects of a case, particularly in complex litigation or when the court requires expert guidance. This role often arises in cases involving large settlements or class actions. In recent years, there has been an increase in lawsuits alleging PreK-12 school districts and states are not serving students with disabilities in a timely manner.
For the U.S. District Court in the Southern District of New York, we are currently acting in this role as an impartial third party, overseeing the implementation of the Court's orders. NYC Public Schools was ordered by the Court to implement certain remedies to address the timeliness of serving students with disabilities. Our role is to work with school district to gather data and regularly report to the Court progress against the district's obligations.
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We recently served in a similar capacity for Providence Public Schools under the U.S. District Court in Rhode Island, where our work helped the district strengthen its administrative systems for special education. As a result, the district was ultimately found to be in compliance with federal requirements for providing special education services to pre-kindergarten students. This experience demonstrates how our team’s expertise can help districts achieve compliance, build sustainable processes, and improve outcomes for students and families.
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Our work reduces the burden on the court system by addressing technical issues directly and providing expert opinions. Ultimately, the work aims to ensure justice is served and that the goals of the court are achieved in a timely and effective manner.
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Our Approach
One of the primary responsibilities of a monitor is to collect and analyze information relevant to the case. This may involve reviewing documents, interviewing witnesses, and conducting site visits. The insights allow us to provide the Court with regular reports and recommendations based on the findings, We aid the Court in tracking compliance and addressing any issues that arise during the implementation of the order.
We provide ongoing oversight where necessary to ensure that the districts are meeting their legal obligations and that the intended reforms are being effectively carried out. We also strive to serve as facilitators of communication between the Court and the Parties involved. We are often in the role to resolve disputes, clarify misunderstandings, and propose solutions to challenges that may impede progress.
