Robbins Geller Fighting for Children Diagnosed with Disabilities and Autism Spectrum Disorder in New York

January 4, 2016

Robbins Geller is currently representing children diagnosed with autism spectrum disorder (“ASD”), as well as children with significant disabilities, in a lawsuit against the New York State Education Department and the New York City school district. Robbins Geller, along with its co-counsel, is fighting to remedy flawed educational policies and practices that cause substantial harm to these and other similar children year after year.

Among other allegations, plaintiffs allege that defendants fail to provide adequate special education services and accommodations to children in violation of federal and state law and instead unlawfully instituted and continue to implement systemic policies, procedures and practices that deprive children with disabilities (including those with ASD) of substantive educational services and procedural protections to which they are entitled. Proposed class members are at risk of losing (or already did lose) special education services to which they are entitled or were never afforded appropriate special education services that they require. In addition, the lawsuit seeks to improve the delivery of educational services to children diagnosed with ASD, as the New York City school district’s programs have not caught up with the changing needs of this diverse and growing population.

The federal and state law violations alleged include violations of IDEA, the Fourteenth Amendment of the U.S. Constitution, §504 of the Rehabilitation Act of 1973, 42 U.S.C. §1983, the New York State Constitution, and New York State Education Law §§3202, 3303 and 4401.

The case is currently pending before the Honorable Shira A. Scheindlin in the United States District Court for the Southern District of New York. Robbins Geller attorneys litigating the case are Samuel H. Rudman and David A. Rosenfeld.

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