In a significant victory for children with special needs in New York and a blow to the New York State Education Department, NY Supreme Court Justice Kimberly A. O’Connor granted a Temporary Restraining Order (TRO) against an amendment that has been wreaking havoc on the provision of services to children with special needs who attend nonpublic school.

Agudath Israel of America and 10 parental plaintiffs filed an Article 78 lawsuit against the New York State Education Department in Albany Supreme Court on October 1st after the Agudah had pursued this issue diplomatically for months. Agudah’s attorney, Adam Cohen, was assisted in real time by Agudah’s Chief of Staff, Avrohom Weinstock, and its General Counsel, Daniel Kaminetsky, for oral arguments, which lasted several hours on Wednesday afternoon.

While a TRO grants temporary relief to a party on an immediate basis and before even requiring a prolonged trial, it is a sign that the judge felt such relief was needed on an emergency basis. To attain a TRO one must satisfy a high legal standard.