Update—NY Lawsuit to Enforce Rights of Children with Disabilities Under IDEA and Stop the Repeal of Religious Vaccine Exemptions
On August 5th, a motion was filed for a preliminary injunction to stop the state of New York from enforcing a recent repeal of religious vaccine exemptions under the NY vaccine law, and allow students to begin school in September and “stay put” in the current placements according to their IEPs. The Defendant's opposition papers and the Plaintiff's reply were filed last week.
On Monday, August 19th, Judge Allyne Ross denied the request. Attorney Kim Mack Rosenberg stated:
"We are, of course, disappointed in Judge Ross's decision denying a preliminary injunction which would have allowed New York's most vulnerable students with disabilities to return to their classrooms this fall and receive the education placements and related services in the settings mandated by their IEPs. We are carefully analyzing the Court's decision and assessing next steps."
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READ THE COMPLAINT
CHD’s first lawsuit against NY State challenging the constitutionality of the repeal of the religious exemption to vaccination, is still awaiting decision after oral arguments were presented in Albany on August 14th.
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