Lowenstein Sandler Sues New Jersey Department of Education in Pro Bono Case on Behalf of Disadvantaged Children with Disabilities
June 27, 2007
David L. Harris
Roseland, NJ, June 27, 2007 – Attorneys at Lowenstein Sandler PC today filed a lawsuit in the United States District Court for the District of New Jersey against the New Jersey Department of Education to enforce laws governing the education of children with disabilities. On a pro bono basis, Lowenstein Sandler is representing plaintiffs New Jersey Protection & Advocacy, Inc., the Education Law Center, the Statewide Parent Advocacy Network of New Jersey and The Arc of New Jersey on behalf of children with disabilities across the state. Co-counsel in the case are the Education Law Center, New Jersey Protection & Advocacy, Inc. and the Hackensack law firm Loughlin & Latimer.
"Countless children with disabilities in New Jersey have been unnecessarily segregated and denied their right to an inclusive education, to the maximum extent appropriate, with children who do not have disabilities," said lead attorney David L. Harris, who chairs Lowenstein Sandler’s Litigation Department. "The State’s Performance Plan holds little promise for redressing this situation within the educational lifetime of today’s students."
Sarah W. Mitchell, Executive Director of New Jersey Protection & Advocacy, Inc. added that New Jersey has been cited repeatedly by the U.S. Department of Education for its failure to implement the Individuals with Disabilities Education Act. "This litigation is prompted by the State's failure to step up to the plate and take this issue on with the resolve and attention that it deserves," she said. "With few exceptions these deficiencies are the norm throughout New Jersey's 640 plus school districts due to lack of enforcement of the special education mandate to provide students with disabilities a 'free and appropriate public education' in the 'least restrictive environment'," said special education attorney Michaelene Loughlin of the law firm of Loughlin & Latimer.
Children with disabilities in segregated special education settings face rote and mechanical instruction and low expectations. In general education settings, these children are often denied the aids, services and accommodations needed to receive an appropriate education. They are often punished with loss of recess, points and activities, and are retained for failing grades or promoted without any educational gains.
Conversely, benefits to inclusion include improved academic skills, higher grades, higher scores on standardized tests, larger friendship networks, improved attendance and higher self-esteem.
"Including students with disabilities in the general education classroom is a win-win situation. Studies have shown that inclusion not only benefits students with disabilities, but it benefits their non-disabled peers as well," said Ruth Lowenkron of the Education Law Center. Benefits to non-disabled children include improved reading and mathematics performance and social and developmental benefits, such as improved understanding of, and relationships with, children with disabilities.
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