Bergen County

MD19E-1002003

SPECIAL EDUCATION - BERGEN COUNTY

Negotiation with district to obtain out-of-district placement and possible IEEs

NY is a 10-year-old 4th-grader who has been diagnosed with ADHD, anxiety disorder, ODD, disruptive mood dysregulation disorder, sensory processing disorder, and PTSD. She suffers from emotional problems that are increasingly interfering with her education and which are not being addressed at school. She has begun refusing to go to school and responding aggressively when compelled to go. Her doctor recommended a therapeutic day school placement, but the district rejected this recommendation and claimed her emotional problems are only observed at home, even though she has been suspended for drawing sexual images on the walls, found to have engaged in bullying and harassment against peers, and described as angry and aggravated in her IEP by teachers. NY's mother, MD, is seeking a placement for her daughter at a therapeutic day school, and possibly additional IEEs.

To review, email jmoore@vljnj.org

FO19E-1001003

SPECIAL EDUCATION - BERGEN COUNTY

Representation at the settlement conference and possibly at the due process hearing, if settlement cannot be reached. May 2, 2019 Settlement Conference . Parent is Spanish-speaking.


S.C. is a 6-year-old first grader who has been diagnosed with an autism spectrum disorder and mixed receptive-expressive language disorder. She becomes frustrated by her difficulty in communicating and engages in maladaptive behaviors. At an IEP meeting in December 2018 at which the parent was accompanied by a non-attorney advocate, the district proposed an IEP that had only group counseling once a month for 20 minutes and did not include an extended school year (ESY) program. The parent requested weekly social skills instruction/counseling and ESY, which SC had and benefitted from last year. The parent also requested independent evaluations at the district's expense in speech-language and a functional behavioral assessment. The district refused and the parent filed a petition for mediation-only on December 21st, thereby invoking stay-put. Mediation was unsuccessful, and at the end of it, the parent submitted a written request to convert the mediation-only petition to one for due process. The case was transmitted to the OAL for a settlement conference that was adjourned because the district's attorney was not available. The Settlement Conference is now scheduled for May 2, 2019. The parent is seeking representation at the Settlement Conference, and if the matter cannot be settled, at the due process hearing. The parent is Spanish-speaking only.

To review, email jmoore@vljnj.org