Scandal-Plagued Haredi-Controlled School Board's Suit Against NY State Thrown Out Of Court

The scandal-plagued, haredi-controlled East Ramapo school board's lawsuit against the New York State Department of Education has been tossed out of federal court.

Former East Ramapo school board president Daniel Schwartz

The scandal-plagued, haredi-controlled East Ramapo school board's lawsuit against the New York State Department of Education has been tossed out of federal court.

The school board was challenging the state's rulings against it over its handling of (primarily haredi) special education students.

This part is stunning:

“The District disputed that it engaged in a ‘pattern or practice’ of failing to implement CSE [the District’s Committee on Special Education] recommendations, arguing that the twenty-one Resolution Agreements reviewed by NYSED represented less than two percent of the CSE-recommended placements for the 2012-2013 school year.” [emphasis added]

In other words, there were more than 1,000 students who live in the East Ramapo school district's area who wanted to be put in a special education program last year – a stunning amount for a school district of its size, meaning most of these 1,000+ students are probably haredi private religious school students.

Here's the ruling as a PDF file:

Download East Ramapo School Board v NY State Board Of Education ruling 10-3-2013 case thrown out of federal court

[Hat Tips: Pearl of Wisdom, Devorah.]

Comments

[anuran]

If there was ever a school district that cried out for deep, thorough government investigation...

[Devorah]

That is why D'Agostino was hired...to fight for any haredi child whose parents felt he/she needed special attention to be enrolled in a special education class taught in Yiddish with haredi only classmates. D'Agostino is still working on this even though he "resigned" or was terminated in May. The haredim have their own doctors certifying that almost all their children have special needs.

[yehudis]

I wonder how much that lawsuit cost the taxpayers. They used their fancy Washington DC law firm that charges $650 per hr for partners and $450 per hr for associates. I find it sad that Liz Cohen and Art Jakubowitz were the key players in the charade.

[Pearl of Wisdom]

Can anyone say 'frivolous'? These clowns on the board should have to pay these legal bills themselves. David Butler charges between $650 to $600 per hour. These this pesky little letter of good intent that the board is supposed to request from the commissioner in order to be held harmless....Lol! I guess they didn't ask King for the letter since they were suing the commissioner.

Meanwhile, King has not responded to a few open Appeals against the District. One Appeal is to stop said clowns from spending money on lawsuits and paying outrageous fees to Butler and his law firm. Maybe he will finally do the right thing and make a ruling.

Don't ya just love watching these bad boys get spanked!

[MonseyLuke]

Hmmm... I guess they are working on Plan B, you know, Kirby goes on a profanity laced tirade before the judge. What does he have to lose?

Luke.

[Pearl of Wisdom]

Luke, don't forget the other who were complicit....Joel Klein, Elie Wizman and Dovid Berkowitz.

Previous post should read "There is this pesky little letter....." Sorry, auto correct.

[MonseyLuke]

Pearl:

I didn't forget. As a matter of fact I'm reminded every time I see them out and about. It will be interesting to see the Board's next move, guided by none other than the "resigned" Board attorney himself. Sad!

Luke.

[dh]

db, how's tricks?

[Pearl of Wisdom]

Luke...I fully expect the BOE will waste more money on an appeal. They can never admit they were wrong. The BOE destroyed the public school special Ed program. They cut Collaborative Classses in every grade but 7&8. They increased class sizes, cut aides. Of course there are all the other cuts to music, art, sports, clubs, etc. The BOE and Klein and his minions have no moral compass. I don't know how they sleep at night .

[Account Deleted]

@Luke and Pearlsofwisdom..

will be interesting to see the Board's next move...Well, considering the fact that the court dismissed this case based on lack of subject matter jurisdiction, and part of the rationale used was that the the IDEA provides rights only to
certain groups – parents and students – and not to school districts. My interpretation is that ONLY parents of affected children or affected students might bring suit against the State agency, NOT the schoold district. See page 12, "[Section] 1415 establishes a private right of action for disabled children
and their parents. It creates no private right of action for school boards or other local educational agencies.

It would not surprise me that they might try to convince a few parents to file suit directly, and these same attorneys and moard members to be the puppeteers behind the scene controlling the complaint. It seems to be the Haredi way.

[MonseyLuke]

"See page 12, "[Section] 1415 establishes a private right of action for disabled children"

Skepticfrum & Pearl:

I concur. I caught that on my initial read through. Wait, we will see some "group" of parents emerged, secretly financed by the "community," that will refile the same, or similar papers. In their mind the Board must continue this fight, for without it, what would be their purpose? Actual educational issues? Doubtful.

Luke.

[Yochanan Lavie]

It is delicious irony that the Ramapo BOE honcho is named Joel Klein, like the former Bloomberg toady.

[seymour]

interesting they are cutting program for secular students saying there is no money however In many cases, the administrator has settled challenges by placing Orthodox Jewish and Hasidic students from East Ramapo in Yiddish-speaking private schools outside the district with the taxpayers picking up the tab.

this will turn into another shameful situation by this frum controlled school board

[MonseyLuke]

Seymour:

It's is a perfect storm trifecta. (1)Sending children to private school on taxpayers money when in-District service could be provided, (2)foregoing the State aid reimbursement because proper protocol is not followed and (3)making up for the lost revenue because of #1 and #2, by disseminating a public school system that serves predominantly minorities, and then one wonders why there is such a rise in antisemitism.

It's "kinda" like, "It's all about me so scr#w you!" Sad.

Luke.

[seymour]

It's "kinda" like, "It's all about me so scr#w you!" Sad.

Luke.

Posted by: MonseyLuke | October 08, 2013 at 10:33 AM

sadly that is the case in many frum communities

[Pearl of Wisdom]

I could see parents in the Yeshiva community suing....but on what grounds? They are getting exactly what placements they seek from this crooked crew. I guess the Board and Joke Klein could turn a few away and create a group to file suit. One thing is for sure, more taxpayer money will get spent and more public school programs will get cut.

[torah sage ha hagadol]

only in RAMBO land may one find a daniel schwartz,utter scmuck