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New York Regents preserves hearing rights for nonpublic school students with disabilities

Impartial hearings are “the main lever parents have to ensure that promised services are delivered when the system fails,” the group stated.

Gavel, Court
Gavel. Credit: Sora Shimazaki/Pexels.

Agudath Israel of America on Monday praised the New York State Board of Regents for withdrawing a proposed amendment that would have stripped parents of children with disabilities in private schools of a key legal protection.

The amendment targeted Section 200.5 of state education regulations, which governs special education due process hearings. Under the proposal, parents of nonpublic-school students would have lost the right to request impartial hearings—an enforcement mechanism Agudath Israel called “the main lever parents have to ensure that promised services are delivered when the system fails.”

The group noted that the proposal did not seek to remove this right from public-school parents.

Calling the proposed change a threat to a “key right” for nonpublic-school families, Agudath Israel thanked the Regents for reversing course and acknowledged parents and advocates who submitted comments detailing the potential harm to children and families.

The organization also expressed appreciation for Robert Carroll, a member of the New York State Assembly, and Jessica Scarcella-Spanton, a New York state senator, for introducing legislation to protect these parents’ rights, calling their leadership “courageous.”

Agudath Israel has opposed the measure since the Regents adopted an emergency version in July 2024. The group and 10 parents filed suit, and a judge issued a temporary restraining order in October 2024.

The organization said it will continue working with lawmakers, partners, and families to ensure that children with special needs—whether in public or nonpublic schools—receive the services and legal protections they need to succeed.

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