NEWARK -- A federal appeals court has ruled that the New Jersey Department of Education must continue to provide special education services to two Newark school children with severe disabilities for as long as they are eligible for such services. Affirming that these children had "suffered from years of neglect" and would suffer further harm from any delay in receiving needed services, the court let stand an injunction entered by the district court in February, 2002. This marks the second ruling by the Third Circuit Court of Appeals in recent weeks rejecting claims by the Education Department to be relieved from responsibility to educate children with disabilities.

The Court also again rejected the State’s claim to be immune from suit, finding that the State waived immunity by accepting federal aid under the Individuals with Disabilities Education Act. As a result, the Newark children may now proceed with their lawsuit to obtain the special education services which they were denied.

The case – M.A. v. Newark Public Schools – was filed over two years ago on behalf of E.S., G.T. and all other similarly situated children in Newark. E.S. either failed or marginally passed classes for several years, yet was advanced to the next grade level each year. His mother’s requests for a special education evaluation were repeatedly ignored. G.T., a child with Attention Deficit Hyperactivity Disorder and Myasthenia Gravis, was also not evaluated despite numerous requests by her parent. The lawsuit alleges that, for years, the Newark Public Schools and the State have routinely failed to evaluate children with disabilities. The suit also alleges that thousands of children have been denied a "free appropriate public education" and a "thorough and efficient education" in violation of federal and state special education laws, federal civil rights laws and the New Jersey Constitution.

"The Court once again makes absolutely clear that the State is responsible for educating children with disabilities, and can be held liable for failing properly to do so," said attorney Ruth Lowenkron of the Education Law Center. ELC represents the Newark children in this action, along with co-counsel Gibbons Fellowship in Public Interest and Constitutional Law at Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.