Women Children & Family

JD19E-1000747

BURLINGTON COUNTY - SPECIAL EDUCATION

Negotiation with school district to implement services in IEP and add additional services

JD is a 10-year-old 5th-grader who has been diagnosed with autism, ADHD, ODD, anxiety, depression, and a learning disability. JD’s IEP indicates that he should be receiving OT, but he has not been. JD has regressed this school year, and his mother, JMD, believes that he needs additional services in his IEP. She is seeking an attorney who could represent her at an IEP meeting to ensure that the services in JD’s IEP are being implemented and additional services are added to ensure that his needs are being met.

To review, email jmoore@vljnj.org

DH19E-1000892

BERGEN COUNTY - SPECIAL EDUCATION/BULLYING

Negotiation with district to address HIB, obtain transportation and ESY, and amend IEP

JJ is a 12-year-old 6th-grader who has been diagnosed with ADHD. Since October 2018, he has been bullied because of his race and his disability by one particular student in the class. JJ’s mother, DH, has reported three incidents to the principal, but nothing has been done. In addition, the district has refused to provide transportation to JJ, despite the fact that DH provided a doctor’s note indicating that JJ’s asthma is exacerbated by having to walk to school in temperatures below 40 and above 80 degrees. The district also refused to provide JJ with ESY, instead recommending that DH send him to an expensive recreation camp. DH is seeking representation to address the bullying issues, obtain transportation and ESY for her son, and amend his IEP as appropriate.

To review, email jmoore@vljnj.org

JJ19E-1000814

PASSAIC COUNTY - DIVORCE

Full representation of Divorce matter

JJ needs assistance in filing for divorce from his wife who currently resides in Passaic County. JJ is a disabled twenty-four year old who was placed in the custody of New Jersey's Juvenile Justice Commission from 2013 to 2018. He got married during his commitment at the Training School for Boys which is located in Middlesex County. When he was released in 2018, he moved to another state through the interstate compact. He does not have any reason why the divorce would be contested, as they have no children or property together. He is willing to come to NJ for the proceedings.

To review, email jchavez@vljnj.org

LM19E-1000774

SPECIAL EDUCATION - WARREN COUNTY

Representation in filing for due process to secure IEEs and appropriate placement

NB is a 9-year-old 3rd-grader who has been diagnosed with ADHD, bipolar disorder, learning disabilities, PTSD from childhood trauma, severe skin and food allergies, and asthma. In December 2018, she was placed by DCPP with her grandmother, LM. NB’s latest IEP lists no evaluations, assessments, or testing, and includes only her ADHD diagnosis but none of her psychiatric diagnoses. In March, NB began exhibiting mood changes and aggression at school, fighting with peers, and expressing feelings of sadness over prior abuse from her mother. In April, NB reported that she hated herself and wanted to be dead, but LM was told that there were no counselors available that day. Later that day, NB threw furniture and kicked and hit school staff. The school imposed a two-day out-of-school suspension for “failure to follow procedure” and required LM take NB to a psychiatrist. Since then, NB has not returned to school and has been receiving home instruction. At an IEP meeting a few weeks later, LM requested a therapeutic placement, which was recommended by NB’s private psychiatrist, but the district verbally denied the request. LM also made a written request for IEEs; the district has not yet responded. LM is seeking representation in filing for due process to secure IEEs and an appropriate placement for NB.

To review, email jmoore@vljnj.org

UNDER REVIEW

GS18E-1000751

SPECIAL EDUCATION - PASSAIC COUNTY

Negotiation with district to obtain IEEs, comp. ed., and possible change of placement

JR is a 14-year-old 8th-grader who has been diagnosed with Autism Spectrum Disorder. He is high functioning, but has frequent behavioral outbursts; the district’s response is to send him to the principal’s office or suspend him. In May, JR ran out of the school and no one noticed. Last year, the district failed to implement his speech-language therapy for months because the therapist retired, and still has not made up those hours, claiming there’s not enough time before he graduates. JR’s grandmother and legal guardian, GS, is seeking independent evaluations, compensatory services, and either an appropriate out-of-district placement or at least implementation of an appropriate IEP.

To review, email jmoore@vljnj.org

UNDER REVIEW

NH19E-1000801

SPECIAL EDUCATION MORRIS COUNTY

Negotiation with district to obtain OOD placement, comp. ed., and possible damages

JC is a 13-year-old 8th-grader who has been diagnosed with OCD and Tourette’s. He has attended an out-of-district placement since the 5th grade. During the heavy snowstorm on November 15, 2018, JC eloped from the school bus while it was stuck in traffic and was not found until 9:00 PM that night, four miles away. Following the incident, JC became extremely distressed and began engaging in self-injurious behavior; he has also refused to ride the bus again. JC’s mother, NH, sought help from the Child Study Team to get JC to school, but they refused to provide JC with any support. NH also requested a psychiatric evaluation, but the report was not translated into NH’s native language, Spanish, so she was not able to understand it. An IEP generated following the report contains no mention of either the bus incident or the psychiatric evaluation. NH is seeking a different out-of-district placement that does not require such a long bus ride, compensatory educational and/or counseling services if warranted, and possible compensatory damages for any viable tort action arising out of the bus elopement issue.

To review, email jmoore@vljnj.org

UNDER REVIEW

SP19E-1000745

BULLYING - BURLINGTON COUNTY

Negotiation with school district to obtain a change in placement, additional services in 504

TP is a 13-year-old 7th-grader who has a 504 plan. In December 2018, she was assaulted by another student in school and sustained a concussion. Following the incident, she was also cyberbullied. TP is now afraid to return to school because the student who assaulted her is still there, and has consequently been on home instruction since the incident occurred. The district refuses to consider an alternative placement for her and wants her to return to school before the end of the school year. TP’s pediatrician is not recommending that she return. TP’s mother, SP, is seeking help in advocating for a change in placement and any other services TP may require to ensure a safe return to school.

To review, email jmoore@vljnj.org

UNDER REVIEW

SO19E-1000741

SPECIAL EDUCATION - ATLANTIC COUNTY

Negotiation with school district to obtain appropriate behavioral supports

TG is an 11-year-old 6th-grader who has been diagnosed with ADHD and has behavioral issues. He is placed in an out-of-district placement. There have been two incidents recently in which TG has been improperly restrained, one on the bus with an aide and the other in school in which a security guard grabbed the back of TG’s neck. Both incidents were captured on video but the school denied the request of TG’s mother, SO, to see the videos. SO believes the school does not have a good plan in place to help TG deescalate. She is seeking assistance in ensuring that her son is provided with appropriate behavioral supports.

To review, email jmoore@vljnj.org

AA19E-1000733

Bankruptcy Court SDNY

There will be a filing deadline once debtor objects to client's proof of claim.

AA, a resident of New Jersey, was a defendant in a mortgage foreclosure action venued in Ocean County, New Jersey. With the assistance of a pro bono attorney, she had filed an answer and counterclaim but in 2018, the court struck the answer and dismissed the counterclaim, stating on the record that the counterclaim could be filed in the Law Division. Before she could file the claim in the Law Division, the mortgagee filed a Chapter 11 bankruptcy petition in the SDNY Bankruptcy Court in February 2019. Again, with the assistance of pro bono counsel, she filed a proof of claim in March 2019. Her pro bono attorney is unable to continue representation and AA needs an attorney to continue representing her interests if and when the debtor objects to the proof of claim.

To review, email donuschak@vljnj.org

SB19E-1000724

SPECIAL EDUCATION - MONMOUTH COUNTY

Negotiation with district to obtain out-of-district placement

LB is a 9-year-old 3rd-grader who has a number of diagnoses including autism, anxiety, severe reflux, emotional-behavioral challenges, asthma, severe allergies, cardiac issues, Ehlers Danlos syndrome, dysautonomia, and partial facial paralysis. He is frequently hospitalized for gastrointestinal and other issues. He uses an adaptive stroller and an invasive feeding tube at all times, and his IEP provides for a one-to-one aide and one-to-one nurse at school and on the bus. LB’s mother, SB, does not believe an in-district placement can meet her son’s needs. He has not received any home instruction or services since March 2019, when he was hospitalized for a broken feeding tube. SB is seeking an out-of-district placement which meets LB’s medical, developmental, educational, behavioral, and other needs.

To review, email jmoore@vljnj.org

NW19E-1000425

SPECIAL EDUCATION - UNION COUNTY

Representation at settlement conference to request OOD placement, additional services, IEEs, and possible comp ed.

DW is a 16-year-old 11th-grader who has been diagnosed with autism and has severe cognitive and communication deficits. He is currently in a self-contained class for students with moderate intellectual disabilities with an aide, receiving twice-weekly group speech-language (SL) services. His program and goals focus more on academics than skills or behavior; there is only one transition-related goal, and it involves simply making a list of jobs in the community. DW’s mother, NW, requested IEEs last year, but those that were completed were insufficient and lack recommendations. NW did obtain a private psychological evaluation which recommends an out-of-district autism school and emphasizes that DW needs more vocational/life skills training and SL and OT services. After NW filed for due process, the district agreed to let her observe a different program for her son, but it was not appropriate to meet his needs. NW has a settlement conference scheduled for late August; she is seeking representation to obtain an appropriate placement for her son, OT and additional individual SL therapy, IEEs including an FBA, appropriate transition services, and compensatory education if warranted.

To review, email jmoore@vljnj.org

TH19E-1000317

BULLYING - ESSEX COUNTY

Representation to ensure compliance with Harassment, Intimidation & Bullying (HIB) regulations.

NP is in 4th grade and was video-recorded by another student while using the toilet. That student showed the video recording to several other students during that school day and showed it to NP's sister during an after-school program. NP's mother reported the incident to the assistant principal the following day. While the assistant principal told NP's mother that the student who video-recorded NP had been suspended, the mother has never received any notices that the incident was considered Harassment, Intimidation & Bullying (HIB). The mother is concerned because the district does not seem to have done anything to ensure that the recording was secured. The principal told NP's mother that the district does not secure the recording because that would be promoting child pornography. Instead, the principal said that it was the responsibility of the parents of the student who made the recording to deal with the recording. The parent is seeking representation to ensure that the video-recording of NP has been destroyed and that incidents like this one do not occur again.

To review, email jmoore@vljnj.org

LG18E-1001457

HUMAN TRAFFICKING - PASSAIC COUNTY

Full representation

LG is a victim of human trafficking seeking assistance with termination of parental rights and adoption. LG was trafficked by her former partner and father of her two children for many years, until he was finally sent to jail for domestic violence. The trafficker was very abusive to LG and their children. LG has since married another man who has helped her raise the children. LG's husband would like to pursue step parent adoption. The trafficker is set to be released from jail this fall and has been threatening to take the children back to his home country. She would like to terminate the trafficker's parental rights prior to his release and have her husband pursue adoption of her two children.

To review, email jchavez@vljnj.org