Tag: students
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 […]
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 […]
NJDOE Issues Guidance Regarding Transgender Students
You may recall that in May 2016, the U.S. Departments of Education and Justice issued a Dear Colleague Letter addressing the rights of transgender students and then rescinded it less than a year later in February 2017. The New Jersey Department of Education (“NJDOE”) took matters into its own hands and issued a guidance document to school districts regarding transgender students on September 27, 2018. The purpose of the guidance document is to assist in creating an inclusive environment for transgender and gender nonconforming students and to ensure that these students receive equal educational opportunities. The NJDOE advises that a school district […]
What You Need to Know About OCR Complaints & Investigations – Part 2
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 […]
What You Need to Know About OCR Complaints & Investigations – Part 1
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 […]
Commissioner of Education Rejects Settlement Agreement to Terminate Send-Receive Agreement
It should be easy to end a send-receive relationship between two boards of education when they both agree to sever ties – right? Not so fast, says the New Jersey Commissioner of Education (“Commissioner”) in a decision issued on February 9, 2018 in Mine Hill Board of Education v. Dover Board of Education. The Commissioner rejected a settlement agreement reached between two boards of education to terminate a send-receive relationship for failing to follow the rules regarding termination. The Mine Hill Board of Education (“Mine Hill”) wanted to modify its send-receive relationship with the Dover Board of Education (“Board”) and […]
ALJ Grants IEE Due to District’s Failure to File for Due Process
The New Jersey regulations under N.J.A.C. 6A:14-2.5(c) address the rights of a parent of a special education student to an independent educational evaluation (“IEE”) at the school district’s expense. A decision issued by a New Jersey Administrative Law Judge (“ALJ”) on January 9, 2018 in S.S. and M.S. o/b/o H.S. v. Hillsborough Township Public School District highlights the importance of complying with procedural requirements if a school district wishes to deny a parent’s request for an IEE. On June 6, 2017, the parents in this case requested an IEE performed at the Hillsborough Township Public School District’s (“District”) expense. The District notified […]
Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District
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 […]
Proactive Representation Part I: Knowing When to File for Due Process or Seek Emergent Relief on Behalf of a School District
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 […]
Legislature Revises Requirements for Use of Restraints on Disabled Students
Educational facilities, including public school districts, may use physical restraints to support students with disabilities experiencing significant behavioral difficulties. Such interventions must be implemented by trained personnel. On January 8, 2018, the New Jersey Legislature approved Senate Bill 1163, which updated the requirements for use of restraints on students with disabilities in school districts, educational services commissions, and approved private schools for students with disabilities. As a threshold matter, physical restraint is defined as the “use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body.” […]
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