Action Suit Filed in NYC
class action lawsuit filed by Advocates
for Children two years ago was certified by Judge Charles P. Sifton
of the Federal District Court in Brooklyn, New York.
The lawsuit charges that children with special education needs have
been and are currently being suspended, expelled, transferred, discharged,
and removed from their schools without adequate notice and without
being advised of their legal rights.
lawsuit has nine plaintiffs. In many cases, students "have missed
days, weeks and months of educational services." The
suit alleges that children were sent to "alternative schools"
where they did not receive special education services or received
According to the Complaint, the Department of Education "instituted
a policy, practice and custom" by which children with disabilities
have been "excluded from school and denied educational services
to which they are entitled by federal and state law.
The lead attorney Elisa Hyman, said, "The Department of Education
has been turning a blind eye to the fact that thousands of children
are being improperly excluded from school and denied educational services,
in violation of federal law."