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