A special education lawsuit was filed in federal court in New York against every school district and every state department of education in the United States. The suit alleged virtual learning without in-person support denied a FAPE to students with disabilities nationwide.
Some school districts across the nation, well outside of New York, have started to receive by email copies of the complaint with a notice requiring a response in the federal court in New York. As expected the school districts receiving this demand were rightly concerned.
For the benefit of districts across the nation, the court on September 2, 2020 asked the attorneys who had been sending the email about how a federal court located in Manhattan can exercise jurisdiction over schools located in other states. For school districts outside of Manhattan, it appears the demand from the plaintiffs is over.
The case was in the United States District Court Southern District of New York.
Here is the case:
J.T., Individually and On Behalf Of D.T.; K.M., Individually and On Behalf Of M.M. and S.M.; J.J., Individually and On Behalf Of Z.J.; C.N., Individually and On Behalf Of V.N.;
and, All Others Similarly Situated,
BILL de BLASIO, in his official capacity as the Mayor of New York City; RICHARD CARRANZA, in his official capacity as the Chancellor of New York City Department of Education; the NEW YORK CITY DEPARTMENT OF EDUCATION;
the SCHOOL DISTRICTS IN THE UNITED STATES; and, STATE DEPARTMENTS OF EDUCATION IN THE UNITED STATES.
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