LEGAL UPDATES
NY Lawsuit #1 Update on Repeal of Religious Exemption on August 9, 2019:
A memo of law from the state defendants was submitted opposing our Temporary Restraining Order. Michael Sussman drafted a response and parents submitted over 350 Affidavits which we bound. On July 30, the affidavits and our brief to the court was mailed by the July 31 deadline for all legal papers.
After Mr. Sussman received state defendants’ opposition to the preliminary injunction, he wrote the judge and asked her for a chance to respond to those arguments. We filed a response August 6th. Mr. Sussman also asked for oral argument.
Oral argument was granted by the court to take place on August 14th at 10 a.m. at the Albany County Supreme Court. Following oral arguments by Michael Sussman and Robert F. Kennedy, Jr., a press conference will be held on the steps at 16 Eagle Street, Albany, NY. NY leaders ask that parents please show up in force and be there by 10 a.m. Bring your friends and family. If you see any reporters, introduce yourself and tell them your story. The judge and the press need to see that this law is impacting tens of thousands of families across the state.
NY #2 Lawsuit Update on Repeal of Religious Exemption and IDEA, August, 8, 2019:
In the IEP litigation, a motion was filed for a preliminary injunction on August 5, 2019. Judge Allyne Ross in the United States District Court for the Eastern District of New York has set an expedited briefing schedule for this motion. The Defendants have to file any opposition papers by August 13 at 5 pm and Plaintiffs have to file their reply by August 16 at 9 am. A hearing date has not been set but all involved know this issue is time sensitive with the start of school in September. Plaintiffs argued in their motion that the Court should stay the implementation of the amended New York law, especially with respect to students with Individualized Education Programs (IEPs), who have extensive rights under federal law. The amended state law prevents these vulnerable children from going to school and receiving services that the families and districts agree are appropriate and has denied families notice and due process rights they are entitled to under federal law. Thus, Plaintiffs argue, the federal law preempts the state law and states’ law should yield to the federal law. Plaintiffs’ motion argued that they meet and exceed the traditional standards to grant an injunction staying the New York law’s implementation but also that the Court could issue an automatic injunction allowing students to “stay put” in the current placements according to their IEPs.
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