One day before the start of the Jewish New Year, Agudath Israel of America filed a lawsuit against the New York State Education Department in Albany Supreme Court.
The lawsuit challenges a recently adopted state regulation which Agudath Israel argues is both illegal and devastatingly harmful to thousands of children with special needs.
Under New York State law, all children have the right to receive special education services when a need is demonstrated.
The needs of children attending nonpublic schools are outlined in their Individualized Education Services Plan. These services are typically provided by the local school district.
“However, New York City fails to meet its obligation to provide services directly, and parents are therefore forced to file a due process complaint with an Independent Hearing Officer to obtain entitled services on the open market and pursue reimbursement,” Agudath Israel says.
“Upon a review of the evidence and circumstances, Independent Hearing Officers have overwhelmingly ruled in favor of parents, and children have received services in this manner.”
This past July 15, the New York State Board of Regents adopted an emergency amendment to Section 200.5 of the Regulations of the Commissioner of Education that drastically restricts parental rights to file a due process claim, the very mechanism NYC nonpublic school parents must resort to obtain entitled services.
“Although the State Education Department expressed confidence that New York City would adjust its policies accordingly, the result has been a near-total collapse of the private special education provider market.
“Now, almost a month into the school year, thousands of children remain without services. Many are unable to attend school at all, as they require support throughout the day. These vulnerable children face irreparable harm every day that passes without receiving the critical services they need during their key developmental years,” Agudath Israel warns.
Over the past months, the organization has engaged in intense advocacy efforts — directly with the State Education Department, the NYC Department of Education, and legislators — and organized two public comment campaigns in which thousands of parents voiced their opposition to the new regulation.
“Despite some progress, however, the overall situation remains dire. After careful consideration, and in consultation with its rabbinic leadership, Agudath Israel decided it had no choice but to pursue legal action,” the organization says.
The lawsuit contends that the amended regulation violates the plain meaning and intent of the state law; the state’s own prior guidance; a long line of decisions; and decades of practice.
To add insult to injury, the state passed a change of this magnitude on an “emergency” basis in the dead of night and without public comment, violating the State Administrative Procedure Act.
“Given the amendment’s immediate and irreparable harm, Agudath Israel has requested that the court issue a Temporary Restraining Order to halt its implementation,” the organization says.
Agudath Israel expressed thanks to Adam Cohen and the team at Walden Macht Haran & Williams LLP for their expert and dedicated legal work in pursuing the case.
“Agudath Israel also wishes to acknowledge the 10 parental plaintiffs. Their children are blind, wheelchair-bound, have cerebral palsy, spina bifida, and various forms of learning disorders, and they hail from diverse faiths and neighborhoods. These parents have courageously stepped forward to tell their stories and fight on behalf of all children with special needs across New York City,” the organization adds.
