Dept. Of Justice Calls For Halting Special Education Complaints (Document)
Between the halting of judicial cases against him under the protection of Title III of the PROMESA Law, the Puerto Rican government has requested a stop to litigation related to complaints by mothers, parents and relatives of special education children.
According to the information provided to NotiCel, as of May 22, 2017, the Puerto Rico Department of Justice filed multiple petitions for suspension in cases of judicial review and attorney fees in the Federal Court.
These attorneys represent children and youth with disabilities registered at the Special Education Program administered by the Department of Education in Puerto Rico.
The litigation that set a precedent is Carmen E. Vázquez-Carmona, on behalf of her minor son, v. Education department of Puerto Rico. The petitioner is requesting the renewal of psychological counseling services for her child that were suspended in August 2015, and are covered by the federal Individuals with Disabilities Education Improvement Act (IDEA) .
IDEA was created by the United States Congress in 1975 to ensure a public, accessible and free education for children with disabilities in the same way as it is guaranteed for others.
In the same manner, the requesting party seeks reimbursement of attorney's fees and taxable costs incurred in administrative and judicial proceedings, as provided in section 1415 (i) (3) (B) of the IDEA.
The Justice Department, on the other hand, requested a 'stay' in the case on May 22, based on the fact that on May 3, Puerto Rico filed for bankruptcy and Title III of the PROMESA Act.
Section 301, as quoted by the Department of Justice, decrees that the initiation or continuation 'of a judicial, administrative or other action against the debtor that has been or may have been initiated prior to the commencement of the petition under Title III or any act to collect, evaluate or recover a claim against the debtor that arose prior to the initiation of the case under a Title III proceeding is automatically suspended without further action.'
In response, the plaintiffs relied on section 304 (h) of the PROMESA Act, which states that Chapter III bankruptcy cannot be used as a justification for breaching federal law obligations. Likewise, PROMESA dictates that such federal laws have superiority.
Judge Gustavo Gelpí determined that the 'stay' of litigation does not apply to legal cases such as the one described here because the plaintiffs requested a precautionary and declaratory measure to enforce a protected federal right and was not related to monetary compensation for damages.
Judge Gelpí's ruling serves as a precedent to avoid future paralysis in terms of causes of action related to judicial reviews, injunctions, mandamus and pending judgments in the courts of Puerto Rico of such matters.
Despite the judge's ruling, it is still unknown whether the payment of fees is detained following Title III.
In recent events, Governor Ricardo Rosselló Nevares announced a voluntary agreement in the Rosa Lydia Vélez v. Department of Education, which was also paralyzed following the filing of Title III of PROMESA after 37 years of litigation.
'The commitment I made to the people is part of the Puerto Rico Plan and shows our support for the necessary initiatives that protect all children in our school system, including special education students.' Rosa Lydia Vélez's case is necessary To meet the children of Special Education, 'said the Governor at the time.
Despite the agreement, the case will remain paralyzed and in the hands of federal Judge Laura Taylor Swain.
Rosa Lydia Vélez Vs. Department of Education emerged from the shortcomings of the government agency's program in providing services, equipment and therapies required by thousands of children with special conditions.
The case consists of 17,000 plaintiffs, although more than 300,000 mothers, parents and students were involved.
As mentioned above, and reported to NotiCel, the Department of Justice has filed a 'stay' for at least 10 additional cases involving complaints from mothers, parents and relatives of special education children.