Representation at mediation to obtain IEE, appropriate IEP, and appropriate placement

NF is a 6-year-old 1st-grader who has been diagnosed with lead poisoning and Autism Spectrum Disorder. He is currently in an inclusion classroom. NF’s mother passed away in May 2017. Since the start of the 2017-18 school year, NF has had behavioral issues (spitting at staff, kicking over desks, throwing chairs, chasing another student with scissors, etc.). Pursuant to his IEP, he has a personal aide who his father, DF, believes is not appropriately trained to implement NF’s BIP. NF has been repeatedly suspended from school or sent home early. In February 2018, DF filed for due process to invoke stay-put after the district proposed changing NF’s classification to Emotionally Disturbed and placing him in a behavioral disabilities class. DF signed a settlement agreement in April 2018 in which the district agreed to change NF’s classification to Autism and allow DF to observe the co-taught program at another school. DF did so, but believes the placement is not appropriate given other students’ more severe emotional and behavioral disabilities, and the lack of grade level instruction. DF filed another due process petition in May to invoke stay-put and maintain NF’s placement in his inclusion classroom. DF is seeking representation at a settlement conference scheduled for July 12th to obtain an independent neuropsychological evaluation, development of an appropriate IEP with necessary supports and services including an appropriate BIP and one-to-one aide, and an out-of-district placement if appropriate

To review, email donuschak@vljnj.org