Special Education/504
U.S. Supreme Court Rules Exhaustion of Administrative Remedies Not Required in Non-FAPE Cases
In a long awaited case involving a student requesting the use of a service dog in school, the United States Supreme Court unanimously ruled on February 22, 2017 in Fry v. Napoleon Community Schools that parents are not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint does not allege a denial of a free appropriate public education (“FAPE”). This case involved a student with cerebral palsy who qualified for special education and related services under the IDEA when she attended a public school in Michigan. As a result, she […]
Upcoming Seminar: “Guide to Special Education Law for Attorneys & Educators”
On Tuesday, March 7, 2017, Sanmathi (Sanu) Dev, Esq. will be presenting at the Camden County Bar Association’s three-part seminar entitled “Guide to Special Education Law for Attorneys & Educators.” Ms. Dev will be speaking about individualized education plans (“IEPs”) and strategies for successful IEP meetings. The seminar will be held at the Tavistock Country Club in Haddonfield, New Jersey. For additional information and registration, please click here.
Upcoming Seminar: “IEPs and 504 Plans: A Legal Compliance Guide”
On Friday, December 2, 2016, Sanmathi (Sanu) Dev, Esq. will be presenting at the National Business Institute’s two-day seminar entitled “IEPs and 504 Plans: A Legal Compliance Guide.” Ms. Dev will be speaking about handling IEP and 504 plan disputes, as well as legal best practices for 504 plan reviews and reevaluations. The seminar will be held at the Holiday Inn in Cherry Hill, New Jersey. For additional information and registration, please click here.
Out-of-District Placement Not Required to Utilize Aides Preferred by Sending District
In Trenton Board of Education v. Mercer County Special Services School District, OAL DKT. NO. EDU 16465-15, AGENCY DKT. NO. 306-10/15 (Sept. 20, 2016), the Trenton Board of Education (“Trenton”) sought to supply individual aides through a contracted vendor for its special education students who are placed out-of-district at the Mercer County Special Services School District (“Special Services”), rather than rely on Special Services to hire and provide the aides. Trenton believed it could provide the aides at a less expensive rate than Special Services. However, the New Jersey Commissioner of Education, who affirmed the Administrative Law Judge’s decision, rejected […]
Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies
Parents who bring claims on behalf of a disabled student under the Individuals with Disabilities Act (“IDEA”) against a school district are first required to follow the administrative process. In New Jersey, IDEA claims must first be filed with the State’s Office of Special Education Programs, and then the case is transmitted to the Office of Administrative Law for a due process hearing and disposition. A parent who disagrees with the Administrative Law Judge’s decision may then file an appeal in federal court. Are parents required to exhaust this same administrative process when they allege violations under Section 504 of the […]
Student Loses Stay-Put When Moving to New School District
Stay-put is the last agreed upon placement for a special education student. According to a recent decision issued by the U.S. District Court of New Jersey in Cinnaminson Township Board of Education v. K.L., 2016 U.S. Dist. LEXIS 104706 (D.N.J. Aug. 9, 2016), a student loses stay-put when he or she moves from one school district to another. During the 2013-2014 school year, special education student R.L. resided within the Berlin Borough Township Board of Education (“Berlin”). During that school year, R.L.’s parent filed for due process against Berlin regarding R.L.’s educational placement. Ultimately, on October 28, 2014, R.L.’s parent […]
Upcoming Seminar: “Nuts and Bolts of Section 504 and Student Discipline”
On Wednesday, May 25, 2016 at 2:00 p.m., Joseph Betley, Esq. and Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey Charter School Conference in Atlantic City. Their presentation is entitled, “Nuts and Bolts of Section 504 and Student Discipline.” For more information, please click here.
Request to Produce Student Records Not Available Through Due Process
Parents may initiate a due process petition on behalf of their child against a school district or charter school with the New Jersey Office of Special Education Programs (“OSEP”) for special education related claims arising under the Individuals with Disabilities Education Act (“IDEA”) and N.J.A.C. 6A:14-1.1 et seq., which include disagreements regarding identification, reevaluation, classification, educational placement, the provision of a free appropriate public education, or disciplinary action. However, the right to initiate a due process hearing does not extend to a request to compel a school district to produce student records, according to a recent decision issued by Administrative […]
School District Granted Emergent Relief to Conduct Psychiatric Evaluation and Place Student in an Alternative Interim Setting
On November 23, 2015, Administrative Law Judge Caridad F. Rigo granted the Clifton Board of Education’s Request for Emergent Relief to complete a psychiatric evaluation of a special education student and to place her in an alternative interim educational setting due to escalating behaviors. Clifton Bd. of Educ. v. K.M. o/b/o K.M., OAK Dkt. No. EDS 18260-15, Agency Dkt. No. 2016-23665, 2015 N.J. AGEN LEXIS 576 (Nov. 23, 2015). K.M. was an eighth grade female student classified as emotionally disturbed eligible for behavior plans, counseling, among other interventions. K.M. exhibited significant behavioral and discipline issues. K.M. had been suspended from […]
IDEA Does Not Limit Compensatory Education Claims to Two Years
On September 22, 2015, the Third Circuit Court of Appeals issued a decision that will have widespread implications for New Jersey school districts in defending against claims brought by parents of special education students pursuant to the Individuals with Disabilities Education Act (“IDEA”). The IDEA authorizes the courts to award compensatory education as remedy to a special education student who is successful in his or her claim that a public school district deprived the student of a free appropriate public education (“FAPE”). For numerous years, school districts relied upon the two-year statute of limitations set forth in §1415(f)(3)(C) of the […]
Connect with Capehart Scatchard