A New York State Supreme Court judge has temporarily blocked the state Education Department from implementing an amendment that would have severely limited services to special needs children in nonpublic schools.
Calling it a “significant victory for children with special needs in New York and a blow to the New York State Education Department,” Agudath Israel praised the temporary restraining order granted by Justice Kimberly A. O’Connor against an amendment “that has been wreaking havoc on the provision of services to children with special needs who attend nonpublic school.”
Agudath Israel of America and 10 parental plaintiffs filed an Article 78 lawsuit against the state Education Department in Albany Supreme Court on October 1, the day before the start of the Jewish New York holiday.
Agudath Israel Sues NYS Ed Dept on Behalf of Special Needs Children
The lawsuit was filed after months of diplomatic efforts by the organization failed.
Agudah’s attorney, Adam Cohen, was assisted in real time by Agudah’s Chief of Staff, Avrohom Weinstock, and its General Counsel, Daniel Kaminetsky, for oral arguments, which lasted several hours on Wednesday afternoon, just before the start of the holiday.
“While a TRO (temporary restraining order) grants temporary relief to a party on an immediate basis and before even requiring a prolonged trial, it is a sign that the judge felt such relief was needed on an emergency basis,” Agudath Israel said. “To attain a TRO one must satisfy a high legal standard.”
