If you are a parent in need of help for a child with a disability, please email us at specialedlaw@mac.com, call us at 716-634-2753 or contact us through our website.

Tuesday, December 2, 2008

Class action against NYC Dept. of Ed settled

D.S. et al v. NYC Dept of Ed, --- F.Supp.2d ----, 2008 WL 5024911(EDNY 11/25/08):
Minority students and their parents at Boys & Girls High School (“B & G”) filed a class action contending that they and many others were deliberately denied a high school education. The Court found merit to the lawsuit and the parties entered into a settlement agreement. This is a good read for those interested in class action litigation to address special education problems.

Important new federal regulations

The federal special education regulations were revised effective 12/31/08 to permit parents to revoke consent for the provision of special education and related services. Additionally, whether parents have the right to be “represented” (as opposed to accompanied and advised) by lay advocates at due process hearings is now left to the discretion of the states. See http://edocket.access.gpo.gov/2008/E8-28175.htm