Parent’s Untimely Notice Does Not Automatically Bar Tuition Reimbursement Claim
By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. One of the most common scenarios giving rise to special education litigation is a due process petition filed by parents against their school district in order to seek tuition reimbursement for the costs of a private school, after the parents have unilaterally placed the child in the out-of-district placement. Bringing a motion to reduce or deny tuition reimbursement, if it can be shown that the parents failed to timely provide the notice, has traditionally been one of the simplest and most effective defenses a school district can assert in defending […]
NJSIAA Revises Transgender Policy
On November 15, 2017, the New Jersey State Interscholastic Athletic Association (“NJSIAA”) announced changes to its policy affecting transgender student athletes. Under the new policy, the NJSIAA simply defines a transgender student as a student whose gender identity differs from the student’s sex assigned at birth. The new policy allows transgender students to participate in sports in accordance with either their birth sex or their gender identity, but not both. The old policy required documented proof of a change in gender identity, such as a physician’s certification. In contrast, the revised policy does not require medical consultation. A school may […]
Appellate Division Overturns GRC in OPRA Case Involving Release of Settlement Agreement
On November 15, 2017, the New Jersey Appellate Division issued an unpublished decision in Scheeler v. Galloway Township regarding an Open Public Records Act (“OPRA”) request seeking a settlement agreement between Galloway Township (“Galloway”) and its former manager. In short, the Appellate Division found that the document in question constituted a final settlement agreement subject to disclosure under OPRA contrary to the position of Galloway. On November 12, 2014, Galloway adopted a resolution in public session authorizing the settlement of the litigation between it and the former manager. Specifically, the resolution stated that Galloway’s agreement to settle was subject to […]
Third Circuit Holds Parents Entitled to Attorneys’ Fees on IDEA Procedural Issue
Special education cases can be quite expensive for school districts to litigate. This is especially so when parents are prevailing parties and the fee-shifting provision of the Individuals with Disabilities Education Act (“IDEA”) requires the school district to reimburse the parents for attorneys’ fees. Typically, parents are only entitled to attorneys’ fees if they are successful on the underlying merits of the case, not when they succeed on procedural or interlocutory issues. However, on October 11, 2017, the Third Circuit Court of Appeals in H.E. v. Walter D. Palmer Leadership Learning Partners Charter School held that parents can recover attorneys’ […]
Court Finds Exhaustion of Administrative Remedies Was Required in Service Animal Case
By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. A District Court in New Hampshire recently ruled that the parents of an 8-year-old boy who uses a service animal could not bring forth claims under Section 504 of the Rehabilitation Act (“Section 504”) and Title II of the Americans with Disabilities Act (“ADA”) against a school district because the parents failed to first exhaust their administrative remedies under the Individuals with Disabilities in Education Act (“IDEA”). In A.R. v. Sch. Admin. Unit #23, No. 15-CV-152-SM, 2017 WL 4621587 (D.N.H. Oct. 12, 2017), the student in question suffered from a […]
Appellate Division Remands Case on Disclosure of Student Records Under OPRA
When is a student record, such as a settlement agreement involving a special education student or a request for an independent special education evaluation, subject to disclosure in response to a request under the Open Public Records Act (“OPRA”)? According to the Appellate Division’s published decision dated October 16, 2017 in L.R. v. Camden City Public School District, et al., the answer is that disclosure is permitted when the requestor is one of the sixteen (16) authorized organizations, agencies, or persons identified in regulations adopted by the New Jersey Department of Education to implement the New Jersey Pupil Records Act […]
Commissioner of Education Upholds Violations of School Ethics Act
On September 11, 2017, the New Jersey Commissioner of Education (“Commissioner”) affirmed six decisions by the New Jersey School Ethics Commission (“SEC”) that various board of education members violated the School Ethics Act for failing to timely complete school board member training. These board members received penalties ranging from suspensions to reprimands. N.J.S.A. 18A:12-33 of the School Ethics Act requires, in relevant part, the following for members of a board of education or charter school board of trustees: (a) Each newly elected or appointed board member shall complete during the first year of the member’s first term a training program…regarding […]
Upcoming Seminar at NJSBA Annual Conference
On Thursday, October 26, 2017, Sanmathi (Sanu) Dev, Esq. and Cameron R. Morgan, Esq. will be presenting at the New Jersey School Boards Association’s Annual Conference in Atlantic City, New Jersey. They will be speaking about legal issues pertaining to student residency and homelessness. For additional information and registration, please click here.
District Court Addresses Issue Involving Waiver for Enrollment in Honors/AP Classes
The North Valley Regional High School District had a policy in which students could enroll in Honors or Advanced Placement classes by obtaining a teacher’s recommendation. Without a recommendation, a student could “waive” into such a class if the student and parents sign a document stating that they understand the requirements and demands of the course and that no accommodations would be made. Two parents of learning disabled students sued North Valley in federal court seeking injunctive relief. They claimed that the policy discriminated against the students in violation of the Americans with Disabilities Act. On September 6, 2017, the […]
Upcoming Seminar: “Do’s and Don’ts of Special Education Law”
On Wednesday, October 18, 2017, Joseph Betley, Esq. and Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey Charter School Conference in Newark. Their presentation is entitled, “Do’s and Don’ts of Special Education Law.” For more information, please click here.
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