A Capehart Scatchard Blog

Tag: administrative law

Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies – Again

By on February 27, 2018 in Special Education/504 with 0 Comments

In the last year, our federal courts have addressed the exhaustion of administrative remedies requirement for parents who bring claims against a school district on behalf of a disabled student under Section 504 of the Rehabilitation Act (“Section 504”). Notably, the U.S. Supreme Court ruled in February 2017 in Fry v. Napoleon Community Schools that parents are required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint alleges a denial of a free appropriate public education (“FAPE”). The Third Circuit Court of Appeals, which applies to New Jersey, recently applied the […]

Share

Continue Reading »

Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District

By on February 6, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In last week’s segment, we discussed the importance of filing for due process and seeking emergent relief on behalf of a school district when the parents of a child receiving special education and related services take action, or refused to take action, in a way that prevents the district from fulfilling its legal obligation under the Individuals with Disabilities Education Act (“IDEA”) to provide the child with his or her right to a free and appropriate public education (“FAPE”). Today, we discuss the mechanics of doing so and highlight the […]

Share

Continue Reading »

Proactive Representation Part I: Knowing When to File for Due Process or Seek Emergent Relief on Behalf of a School District

By on January 30, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In the increasingly litigious world of special education, New Jersey school districts and Board attorneys are generally accustomed to being on the receiving end of lawsuits with parents. Yet, understanding how and under what circumstances to file for due process or seek emergent relief can be just as important to ensuring your district is legally compliant as defending a due process petition filed by a parent. Special education practitioners representing districts that are facing uncooperative parents would do well to remember one thing: when parents place the child study team […]

Share

Continue Reading »

Appellate Division Finds Parent Liable for Tuition Payment to School District for Lack of Domicile

By on January 5, 2018 in Students with 0 Comments

On December 27, 2017, the New Jersey Appellate Division affirmed the Commissioner of Education’s determination in T.L. o/b/o A.B. v. Union Township Board of Education that a parent and her child were not domiciled within the Union Township School District for two school years and therefore her child was not entitled to a free public education in that district. As a result, the parent was ordered to reimburse the Union Township Board of Education (“Board”) for the cost of the child’s education for that time period. The case involved parent T.L. and her child A.B. For the 2014-2015 and 2015-2016 […]

Share

Continue Reading »

Parent’s Untimely Notice Does Not Automatically Bar Tuition Reimbursement Claim

By on December 5, 2017 in Special Education/504 with 0 Comments

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 […]

Share

Continue Reading »

Third Circuit Holds Parents Entitled to Attorneys’ Fees on IDEA Procedural Issue

By on November 14, 2017 in Special Education/504 with 0 Comments

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’ […]

Share

Continue Reading »

Court Finds Exhaustion of Administrative Remedies Was Required in Service Animal Case

By on October 27, 2017 in Students with 1 Comment

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 […]

Share

Continue Reading »

Commissioner of Education Upholds Violations of School Ethics Act

By on October 10, 2017 in School Ethics Act with 0 Comments

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 […]

Share

Continue Reading »

Appellate Division Rules Against Charter Schools In Funding Issue

By on September 19, 2017 in Other with 0 Comments

Four charter schools located in Jersey City challenged the level of funding they received from the local board of education under the School Funding Reform Act of 2008 (“SFRA”) as inadequate for their students to receive a thorough and efficient education in violation of the New Jersey Constitution. In an unpublished decision issued on September 14, 2017, the New Jersey Appellate Division denied the charter schools’ challenge and upheld the current funding mechanism in Learning Community Charter School v. Jersey City Board of Education. Charter schools are public schools that operate under a charter granted by the Commissioner of Education […]

Share

Continue Reading »

Stay-Put Shake-up: Third Circuit Holds Parents Entitled to Attorneys’ Fees for Non-Compliance with Stay-Put

By on August 30, 2017 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Third Circuit Court of Appeals has issued an important decision finding that parents in special education litigation with school districts will be considered “prevailing parties” entitled to an award of attorneys’ fees in the event the district ignores or fails to comply with its obligations under the “stay-put” provision of the Individuals with Disabilities Education Act (“IDEA”).  M.R. & J.R. ex. E.R. v. Ridley Sch. Dist., No. 16-2465, 117 L.R.P. 34473 (3d Cir. 2017).  On August 22, 2017, the Third Circuit issued its decision substantially altering the landscape of […]

Share

Continue Reading »

Top