SBF 70 years logo
MenuMENU
SearchSEARCH

Federal Court: NYC Denied Equal Access to School Transportation

The plaintiffs didn't seek monetary damages. Instead, they want the city's education department to overhaul how it serves students with diabetes.

Wes Platt
Wes PlattFormer Executive Editor
Read Wes's Posts
January 29, 2022
Federal Court: NYC Denied Equal Access to School Transportation

The court ruling found that the city's Department of Education should've done a better job providing students with diabetes the services necessary for an appropriate education.

Photo by Harrison Mitchell via Unsplash

3 min to read


The New York City Department of Education routinely denies students with diabetes access to field trips and bus transportation, according to a federal court ruling.

U.S. District Court Judge Nina Gershon stated in her Jan. 27 ruling that the DOE “failed to provide a free, appropriate public education because they have not provided students with diabetes the services determined to be necessary to meet their needs.”

Ad Loading...

The ruling comes in response to a class-action lawsuit brought in 2018 by the American Diabetes Association and the families of three individual students with diabetes who attend New York City schools.

All students with diabetes require a trained adult on the school bus to be able to administer a life-saving emergency medicine called glucagon, which is used to treat severe hypoglycemia (low blood sugar). Untreated severe hypoglycemia can cause loss of consciousness, seizure, a coma, or even death. From September 2016 to March 2020, requests for a trip nurse went unfilled 23.2% of the time. Parents were frequently pressured to attend trips and provide care to children themselves, or their child would be left behind or the trip would be cancelled for the entire class.

The DOE had argued that calling 911 would be sufficient to ensure student safety, but the court disagreed.

“To remedy these violations of the law with respect to field trips, the federal court has ordered the City of New York to determine how many trip nurses are necessary to cover the shortfall and hire a sufficient number of nurses to serve as a ‘float pool’ to ensure that students can attend all trips,” according to a news release.

The court ordered DOE to train all bus drivers and attendants to administer glucagon “to ensure that every bus has a trained adult capable of responding in an emergency.”

Ad Loading...

“Parents of New York City Public School students with diabetes will now have the comfort in knowing their children can safely ride the school bus and not be denied the opportunity to go on field trips with their classmates,” said Crystal Woodward, director of the American Diabetes Association’s Safe at School initiative.

Yelena Ferrer, parent of one of the students involved in the lawsuit, said: “Our family couldn’t be more elated by this historic victory! It is a new dawn for not only our son, but for the care of all children with diabetes in New York City public schools.”

The lawsuit was filed in the U.S. District Court for the Eastern District of New York. Plaintiffs didn’t seek monetary damages. Instead, they want an overhaul of the DOE’s policies and practices governing the delivery of diabetes-related care.

“Today’s decision will have a critical impact for children with diabetes and their families,” said Torie Atkinson, staff attorney at Disability Rights Advocates. “We look forward to continuing to work with the DOE towards a comprehensive settlement that further improves the educational experience for these students.”

The DOE has not yet responded to a request for comment from School Bus Fleet.

More Safety

Promotional graphic for a new Pro-Vision AI camera system. The image shows a monitor displaying camera views with AI object detection overlays, along with multiple cameras and recording hardware. Text reads "New Product," "Pro-Vision," and "Visibly Better." School Bus Fleet logo appears in the lower-right corner.
SafetyJune 11, 2026

Pro-Vision Launches AI-Powered 360° Camera System

The new Birdseye camera delivers real-time AI-based pedestrian and vehicle detections, full visibility around the bus, and telematics integrations.

Read More →
A New York school bus in the street.
Safetyby Elora HaynesJune 9, 2026

N.Y. & N.J. Coalitions Call for Modernized Transportation for Vulnerable Students

New statewide coalitions in New York and New Jersey are urging lawmakers to expand student transportation options for vulnerable students amid ongoing driver shortages.

Read More →
Graphic for an opinion article on illegal school bus passing. A school bus with its stop arm extended is stopped as children cross the street, while a black SUV drives past. Headline reads, “America’s School Bus Blind Spot.” School Bus Fleet branding appears in the corner.
SafetyJune 8, 2026

America Has a School Bus Passing Problem — and Distraction Is Making It Worse

Illegal school bus passing remains a major safety threat as distracted driving rises. This op-ed explores why awareness, enforcement, and stop-arm cameras matter more than ever.

Read More →
Ad Loading...
A black, white, and red graphic with an image of a school bus on a New York street and text reading "Legislative Roundup May 2026."
Safetyby Elora HaynesMay 29, 2026

School Bus Laws to Watch: New York Delays EV Mandate

Plus, federal lawmakers seek new funding for school bus safety as states weigh stop-arm enforcement, disability protections, and education spending.

Read More →
hopskipdrive whitepaper
SponsoredMay 26, 2026

The Essential Handbook for Safe Alternative Student Transportation

Your district's "exception riders" — students with IEPs, those experiencing homelessness, foster care youth — deserve more than a middleman solution. This handbook breaks down exactly what to look for in a supplemental transportation partner: from driver vetting and regulatory compliance to proactive safety technology. Because getting a ride isn't the same as getting a safe one.

Read More →
Emergency response personnel assist participants evacuating through the rear emergency door of a yellow school bus during a hands-on safety training exercise at Prosper ISD. Smoke fills the bus interior as responders demonstrate emergency evacuation procedures.
Safetyby News/Media ReleaseMay 21, 2026

Operation STEER Brings Emergency Response Training to North Texas

Prosper ISD hosted the third annual training for transportation professionals across 67 districts to learn how to respond to emergencies, such as rollovers and evacuations, and proper use of safety equipment.

Read More →
Ad Loading...
BusPatrol cameras on the side of a school bus.
Safetyby Staff and News ReportsMay 6, 2026

Florida District Relaunches BusPatrol School Bus Camera Program With New Safeguards

After being suspended over due process concerns, Miami-Dade schools and law enforcement are restarting the AI-powered stop-arm camera program with new oversight.

Read More →
A group of people in business attire pose for a photo in front of a school bus, with text reading "Legislative Roundup: May 2026."
Safetyby Elora HaynesMay 6, 2026

School Bus Laws To Watch: Seat Belt Bills, Funding Fights & EV Changes

From national bills on seat belts and driver oversight to driver awareness campaigns referencing “Finn’s Rule” and ongoing transportation funding debates in Alaska, here’s the latest in school bus legislation across the U.S.

Read More →
Graphic with part of a school bus and text reading "Fatal Accident in Brooklyn."
Safetyby StaffMay 5, 2026

9-Year-Old Boy Killed by School Bus at Busy Brooklyn Intersection

A Williamsburg community is mourning after a child was fatally struck by a private yeshiva bus, prompting calls for urgent safety improvements at the high-traffic crossing.

Read More →
Ad Loading...
A blue and white graphic with text reading "2026 Safety & Operations Report" with an image of the cover of the report.
Safetyby StaffMay 4, 2026

Does Reliable School Transportation Boost Attendance? EverDriven’s Data Says Yes

The new data shows 99.99% incident-free trips and strong on-time performance, reinforcing how dependable transportation, especially for vulnerable student populations, can help districts combat chronic absenteeism.

Read More →