A Capehart Scatchard Blog

Tag: students with disabilities

NJDOE Issues Guidance on ESY 2020 During COVID-19 Pandemic

On June 12, 2020, the New Jersey Department of Education (“NJDOE”) provided guidance to school districts on the delivery of extended school year (“ESY”) services to eligible students with disabilities during the COVID-19 pandemic. The NJDOE’s guidance was in response to the Governor’s recent Executive Order 149 allowing for in-person ESY programming beginning on or after July 6, 2020. Pursuant to the Individuals with Disabilities Education Act (“IDEA”) and corresponding New Jersey regulations, once a school district determines that a student with disability requires additional educational services during the summer, the school district is required to include an ESY program […]

Share

Continue Reading »

NJDOE Finally Releases Notice Stating Permissibility of Delivering Related Services to Special Education Students through Remote Technology

By on April 2, 2020 in Special Education/504 with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq. With most schools in New Jersey closed for nearly two weeks, and all closed since Governor Murphy issued Executive Order 107 on March 21, 2020, school districts across the State have been awaiting further guidance from the New Jersey Department of Education (“NJDOE”) on the important issue of whether NJDOE would permit the provision of related services to special education students through remote technology and distance learning during this period of school closure due to the COVID-19 virus.  That much-awaited guidance came yesterday, as Commissioner of Education Dr. Lamont Repollet issued a letter titled “Notice […]

Share

Continue Reading »

N.J. District Court Affirms Dismissal of Parent’s Special Education Case as Time-Barred

By on February 25, 2020 in Special Education/504 with 0 Comments

In a case decided on February 11, 2020 by the United States District Court for the District of New Jersey, Camden Vicinage, the Eastampton School District (“District”) successfully dismissed a parent’s lawsuit brought under the Individuals with Disabilities Education Act (“IDEA”) on the basis that it was filed beyond the two-year statute of limitations. In McLean v. Eastampton School District, the parent of a special education student initiated a due process petition in August 2018 against the District alleging that an individualized education program (“IEP”) developed by the District in June 2016 failed to provide the student with a free […]

Share

Continue Reading »

Court Affirms Dismissal of Parent’s Suit Challenging School’s Communication Plan Setting Reasonable Limits on Father’s Constant, Aggressive E-mails

By on January 28, 2020 in Special Education/504 with 0 Comments

In the world of special education, parents come in all shapes and sizes in terms of their mode of interaction with the child study team and school personnel.  Some parents of special needs children are cordial, while others are friendly and appreciative.  Some are matter-of-fact, while others can be much more emotional or animated.  Special education parents come with varying degrees of how engaged they are or wish to be in the process of planning and communicating with the school district child study team.  For the thousands of child study team members around the country who serve as case managers, […]

Share

Continue Reading »

Third Circuit Clarifies Law on Independent Evaluation Requests & Need for Disagreement with District Eval

By on December 16, 2019 in Special Education/504 with 0 Comments

Occasionally, school district child study teams (“CSTs”) are faced with special education parents who are resistant to allowing the CST to evaluate their child, yet demand independent evaluations from an outside evaluator at the school district’s expense.  In such circumstances, districts were often faced with a dilemma – either acquiesce to such demands, or file for due process themselves and incur legal fees to resist such requests, or deny the parent’s request without filing for due process and risk an Administrative Law Judge (“ALJ”) finding that the district committed a procedural violation.  This is because previous decisions of the Office […]

Share

Continue Reading »

OSEP Clarifies: Parental Consent Not Required to Conduct Post-Secondary Transition Assessments if Child Study Team not Reevaluating

By on April 22, 2019 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. and Nicole Crincoli, Law Clerk The Individuals with Disabilities Education Act (“IDEA”) requires informed parental consent to be provided prior to a child study team performing any number of different actions in the course of the special education process.  Whether a school district needs to obtain written parental consent prior to administering postsecondary transition assessments had been a question of some debate.  In a recent guidance letter from the Office of Special Education Programs (“OSEP”), Letter to Olex, 119 L.R.P. 8445, 74 I.D.E.L.R. 22 (Feb. 22, 2019), OSEP indicated that individualized education program (“IEP”) teams generally […]

Share

Continue Reading »

Special Education Settlement Subject to 6-Year Statute of Limitations

When boards of education resolve disputes with parents of special education students, they often enter into settlement agreements with the parents which are approved by an Administrative Law Judge (“ALJ”) of the New Jersey Office of Administrative Law (“OAL”). On February 27, 2019, the New Jersey Appellate Division in L.A. v. South Orange-Maplewood Board of Education issued a decision affirming that parties to a settlement agreement approved by the OAL are subject to a six-year statute of limitations to enforce that agreement. In 2000, the parent of a special education student initiated litigation against the South Orange-Maplewood Board of Education (“Board”) seeking reimbursement […]

Share

Continue Reading »

District Court Denies Parents’ Request for IEE

Parents of special education students have the right to request an independent educational evaluation (“IEE”) at the expense of the school district if they disagree with any assessment conducted as part of an initial evaluation or a reevaluation conducted by the school district. However, that right is not unfettered. On January 31, 2019, the United States District Court for the District of New Jersey in S.S. and M.S., o/b/o H.S. v. Hillsborough Township Public School District overturned an Administrative Law Judge’s decision and determined (1) parents are only entitled to an IEE at the district’s expense when they disagree with an evaluation or reevaluation […]

Share

Continue Reading »

What You Need to Know About OCR Complaints & Investigations – Part 2

By on April 3, 2018 in Other with 1 Comment

By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Last week we discussed the Office for Civil Rights’ (“OCR”) jurisdiction to enforce anti-discrimination laws in school districts, as well as the filing of complaints with the OCR and opening letters and data requests. Today, we will discuss best practices to responding to a data request, and discuss further investigation procedures, including interviews and letters of finding. Responding to a data request can be a time consuming process, as many times the OCR will ask for extensive information and documentation. Along with speaking to staff members involved, it is important […]

Share

Continue Reading »

What You Need to Know About OCR Complaints & Investigations – Part 1

By on March 27, 2018 in Other with 0 Comments

By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Office for Civil Rights (“OCR”) is the federal agency charged with enforcing anti-discrimination laws in programs or activities that receive federal financial aid from the United States Department of Education (“USDOE”). The OCR investigates alleged discrimination on the basis of race, color, and national origin pursuant to Title IV of the Civil Rights Act of 1964; sex discrimination pursuant to Title IX of the Education Amendments of 1972; discrimination on the basis of disability pursuant to Section 504 of the Rehabilitation Act of 1973; and age discrimination pursuant to […]

Share

Continue Reading »

Top