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Advocacy Group Sues New York State Education Department Over Withheld Abuse Documents

Disability Rights New York, a prominent advocacy group for individuals with disabilities, has initiated legal action against the New York State Education Department. The lawsuit arises from the Education Department’s refusal to release documents critical for the group’s investigation into allegations of abuse, neglect, and civil rights violations at a private residential school for students with autism. The advocacy group claims to have received multiple complaints alleging severe mistreatment of students, including physical abuse and being forced to endure inhumane living conditions, such as sleeping on urine-soaked mattresses. Some complaints also mention students displaying unexplained injuries and being denied essential medical care, alongside reports of staff being discouraged from seeking emergency services.

The investigation began after the group filed a Freedom of Information Law request in September, seeking documents from the Education Department. The department hesitated to provide complete information, leading to legal challenges by Disability Rights New York. The group’s initial legal petition was dismissed due to procedural issues, but it has since been refiled.

During a visit to the school, investigators observed concerning conditions, including pervasive odors of urine and restrictive physical barriers that seemed to limit student mobility and freedom excessively. Despite the alarming preliminary findings and previous complaints to the Education Department, the lawsuit contends that the department has not been cooperative in providing the necessary documents for a thorough investigation.

The Education Department has remained silent on the allegations and the ongoing litigation, while Disability Rights New York argues that its federal and state authority mandates access to facilities and documents necessary to protect the rights of individuals with disabilities. The group’s broader mission is to ensure that individuals with disabilities are not mistreated or kept hidden from public scrutiny. This lawsuit underscores the tension between the group’s advocacy efforts and the state’s regulatory frameworks, highlighting the challenges faced in safeguarding the rights and well-being of individuals with disabilities in private educational settings.

Click here to view full and original article by www.timesunion.com

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