Update—NY: Attorneys Make Strategic Decision to Voluntarily Dismiss Lawsuit on Special Education Students
Kim Mack Rosenberg, the lead attorney in V.D. v. State of New York issued the following statement yesterday:
"Looking strategically at the decision from federal Judge Alleyne Ross denying a preliminary injunction in V.D. v. State of New York, we made the decision to voluntarily dismiss the action and our notice of voluntary dismissal without prejudice was filed on Thursday, August 22, 2019.
There was something of a victory out of this litigation despite the denial of our request for a preliminary injunction. New York State Education Department (NYSED), who had been telling districts they did not have to provide services to homeschooled children who did not have all mandated vaccinations, has reversed that position.
We are looking at additional avenues to address issues regarding children with IEPs, so while this specific case has been dismissed, work is continuing. We continue to be committed to these issues for all children in New York, not only children with special needs."
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