Union Settlement Resolves Dispute With New York DOE, Secures Childcare Funding

Paul, Weiss client Union Settlement, Inc., a nonprofit organization that has provided community support in East Harlem for over a century, successfully reached a settlement resolving claims against the New York City Department of Education.

The claims arose out of a 2019 procurement process by which the DOE solicited proposals for home-based early childhood care. For years, Union Settlement had managed a network that supported home-based early childhood care providers in East Harlem and nearby neighborhoods. These home-based providers play a critical role, as they enable community members to provide culturally responsive care to children of multiple ages in small, familiar and convenient settings.

In a break from its practice, the DOE granted Union Settlement funding to serve only 3-year-olds and only during the school day, but not children of any other ages and not during the afterschool hours or school breaks. Paul, Weiss argued, first in a formal process for protesting a procurement and then in an appeal of the DOE’s decision in state court, that the DOE’s award was in contravention of procurement policies and procedures, as well as the General Municipal Law.

The settlement provides funding for Union Settlement to administer a program serving children from birth to age 3 both during and after school, and during school breaks. This will provide additional early childcare options to East Harlem families and funding to the childcare providers who serve them.

The Paul, Weiss team included litigation associates Meaghan Brennan, Tatiana Laing Nnaji and was supervised by litigation partner Michele Hirshman.