As districts go distant, group desires courtroom to maintain NJ particular training youngsters in school rooms
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BY DANA DIFILIPPO
New Jersey Monitor
A New York-based group representing special needs students has requested an emergency warrant from a federal judge to prevent schools in New Jersey from moving to distance learning.
The Brain Injury Rights Group filed an injunction in the U.S. District Court in Newark on Monday to ensure that the 237,000 students, ages 3-21, who are receiving special education in New Jersey, this week and in the coming weeks stay in schools personally.
The application came when some counties switched to distance learning after the winter break when a surge in COVID-19 cases left many schools under staffing. Montclair public schools will continue to be open for face-to-face learning but will be offering families the option of 10 days of distance learning starting January 5th. East Orange will offer distance learning through January 18th, the district has announced. The South Orange and Maplewood counties will be isolated through January 10th.
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This is the latest fight in a fight the group has been waging since July 2020 when they filed a class action civil rights lawsuit to challenge distance learning. The group argues that school districts have broken federal law by failing to provide mandatory services to students with special needs. Distance learning is especially harmful to students who need personal support, the group says.
On Tuesday afternoon, U.S. District Court judge John Michael Vazquez opened a convocation hearing to hear the motion filed on Monday.
About 20 lawyers and school officials from counties across the state got involved, including Camden, Toms River, West Orange and Manasquan. Some denied that their schools were closed this week, and others said that many special education students have internships outside of the district over which they have no authority.
Others insisted that they obey government orders. The state ordered schools to close at the start of the pandemic. Governor Phil Murphy recently said individual school districts must decide if and when to close during the current coronavirus surge. However, nearby Wayne schools specifically pointed in an FAQ posted on their website to Montclair’s optional distance learning policy, which the district cannot do because a state order allowing distance learning has expired. Education Department spokesman Michael Yaple told Montclair Local on Tuesday that he was looking into the matter.
At least 25 districts launched remotely this week as the highly contagious variant of Omicron drove COVID-19 cases across the country. Murphy said Monday he believes schools should stay personal – but also said he had asked lawmakers to approve a 90-day extension for some of the emergency powers given to him during the pandemic.
No one from the state was on the line during Tuesday’s hearing, clearly frustrating the plaintiff’s attorney.
“The problem here is that counties across the state, as you’ve probably read, are about to be closed, and that’s not a legal term: it is for better or for worse. There are no real government guidelines as to when schools will close, ”said attorney Keri Avellini.
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A state Department of Education spokesman did not respond to a request from the New Jersey Monitor for comment. Alyana Alfaro, a spokeswoman for the governor, declined to comment.
Patrick Donohue, a civil rights attorney and founder of the Brain Injury Rights Group, was appalled at the absence of state officials at the hearing.
“This is the only lawsuit in the state that challenges distance learning, and are you AWOL? That should be the headline: Governor Murphy turns his head over these children who go into the distance, “said Donohue.
Vazquez ended the hearing without a decision and directed Avellini to notify the state Department of Education of the request and to compile a list of schools that were removed.
Donohue started the Brain Rights Injury Group when his daughter, now 16, suffered a brain injury as a newborn baby after her baby sister shook her. He also founded a school, the International Institute for the Brain, in Manhattan for medically ill children, ages 5-21.
His group’s national action against distance learning was dismissed on jurisdiction issues, but an appeal was lodged. The group subsequently filed state lawsuits in New Jersey, California, Connecticut, Massachusetts, Michigan, and Virginia, and plans to file cases in New York and Illinois this week, Donohue said.
“We have been here for two years. We are behind us that this is not an emergency. This is a chronic situation and they use the term ’emergency’ as if it had real meaning, ”Donohue said. “The problem here is these children with special education have a job, an arrangement. An IEP (Individualized Education Program) is like a contract between the school district and the parents that is supported by the federal government. Local public health does not replace federal law. “
This story is provided by New Jersey Monitor and originally appeared here. The original version has been revised to provide information about the Montclair, Wayne, East Orange, and South Orange Maplewood schools.
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