Last week, COPAA filed an amicus brief with the United States Court of Appeals for the Second Circuit in The Law Office of Philippe J. Gerschel v. New York City Department of Education. The brief urges the court to reverse the decision of the United States District Court for the Southern District of New York in a case involving the right of parents who prevail in Individuals with Disabilities Education Act (“IDEA”) due process proceedings to recover attorney’s fees. You can read the amicus brief here.

COPAA’s fellow amici are New York State Council of Catholic School Superintendents and Sam Sutton, New York State Senator. COPAA Amicus Committee Co-chair Ellen M. Saideman and COPAA Legal Director Selene Almazan wrote the brief.

The focus of this case is the rights of families whose children are parentally placed in private schools and receiving services via Individualized Education Service Programs (“IESPs”). As the brief explains, the IDEA sets forth the minimum requirements for states to serve children with disabilities who are parentally placed in private schools; states can provide more for students. New York does provide greater rights and protections for these students and guarantees the application of IDEA’s procedural safeguards as well, including the right to attorney’s fees for prevailing parents.

COPAA and its fellow amici urged the Court to reject the argument that federal courts lack jurisdiction over IESP cases, including in cases seeking attorneys’ fees. Access to federal courts has been vital for families of students with disabilities, particularly in New York City.  As COPAA and its fellow amici explained, the right of prevailing parents to attorneys’ fees is essential, as many parents cannot afford legal fees and would be unable to prevail without attorneys.