USA/November 26, 2020/By David Cruz/Source: https://gothamist.com/

Parents of special education students have filed a federal class action lawsuit against the city and state education departments, accusing the city of failing to make up for vital services and instruction that were missed due to the COVID-19 school shutdowns.

Advocates for Children filed the lawsuit on behalf of seven parents and one legal guardian of special education students in federal court on Monday, noting that learning loss began back in March, when the onset of the pandemic triggered a systemwide shutdown of public schools across New York City. This shifted all students to remote learning, including District 75, which provides instruction to 25,000 special education students.

Parents, however, claim the city Department of Education currently has no plan to create so-called compensatory services for special education students that can offset the limitations imposed by remote learning, according to the suit. They say that without a plan, the DOE is violating state and federal law, specifically the Individuals with Disabilities Education Act.

“What compensatory services each student will require to put her in the position she would otherwise be in but for the denial of a [free and appropriate education]; and how such services will be implemented,” the suit argues.

Kim Sweet, executive director of Advocates For Children, noted that tens of thousands of students have been impacted by the lack of compensatory services. She noted that many of these students have lost “the progress they had made.”

“These students should receive the compensatory services they need as quickly as possible, without having to jump through cumbersome legal hurdles that will favor families able to afford lawyers and leave economically disadvantaged students behind,” Sweet said in a statement.

Among those parents is Chrystal Bell, whose son cannot hear, see, and speak, making remote learning an impossible tool for instruction.

“How can he be expected to learn sitting in front of a computer all day, when he has no way to interact with his teachers or understand what they’re asking of him?” Bell said. “My child just turned 21 and will now be considered too old to remain in his DOE high school. Without compensatory services, he will have lost more than a year of his education that he will never be able to get back.”

Other parents who have joined the lawsuit claim that students have not been able to access all of the tailored educational services mandated on their Individualized Education Program.

Danielle Filson, a spokesperson for the DOE, said the city will review the lawsuit, but noted that a recent court ruling found that remote learning did not amount to a denial of services.

“We know remote learning, a reality all our families are grappling with due to the global pandemic, can be especially challenging for families of students with disabilities, and we’re doing everything we can to safely offer in-person services as quickly as possible,” Filson wrote in a statement. “We are closely monitoring student progress, prioritizing device distribution to students with disabilities, and working with families to identify when children need additional services.”

News Source:

https://gothamist.com/news/parents-special-education-students-sue-city-not-addressing-learning-loss-during-pandemic