Call 212-577-3300
Second Circuit Southern District of New York
Lisa Freeman Melinda Andra Susan Horwitz Anna Blondell
Lawyers For Children The Children’s Law Center Mobilization for Justice Brooklyn Defender Services New York Lawyers for the Public Interest
The Legal Aid Society filed two amicus briefs in support of tens of thousands of New York City students with disabilities who were not provided with mandated special education services during the COVID-19 time of remote learning and therefore due compensatory services. The first brief was in support of the Plaintiffs’ Opposition to Defendants’ Motion to Dismiss. The district court subsequently held that students had failed to exhaust all administrative remedies prior to filing their suit. In our amicus brief to the Second Circuit, we argued that the Plaintiffs’ case fell clearly within the exceptions to exhaustion. In February 2023, the Second Circuit vacated the lower court’s exhaustion order and remanded the case for further proceedings. The litigation remains ongoing.