Due Process Hearing

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