A Capehart Scatchard Blog

Students

Parent Required to Reimburse School District for Failure to Establish Student’s Eligibility for Enrollment

By on March 1, 2016 in Students with 0 Comments

A child is eligible to enroll in a school district and receive a free public education if the parent or guardian of the child is domiciled within the district or the child is kept in the home of an-other person domiciled within the school district as an affidavit student pursuant to N.J.S.A. 18A:38-1(b)(1).  Domicile is established when the student spends the majority of his time at a residence located within the school district and intends to make that residence his permanent home.  Pursuant to N.J.A.C. 6A:22-3.1(a)(1)(i), when the parents are separated and are domiciled in different school districts, the student’s […]

Share

Continue Reading »

School District Granted Emergent Relief to Conduct Psychiatric Evaluation and Place Student in an Alternative Interim Setting

By on December 28, 2015 in Special Education/504, Students with 1 Comment

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

Top