Special Education

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

FN19E-1002002

SPECIAL EDUCATION - PASSAIC COUNTY

Negotiation with district to obtain IEEs, appropriate placement, IEP amendments, and comp. ed.

JV is a 14-year-old 9th-grader who has been diagnosed with ADHD. His IEP places him in general education with in-class resource support for academic subjects. JV's grandmother and legal guardian, FN, recently learned that he is in danger of failing all his classes. JV's IEP does not refer to any evaluations and FN isn't aware that any have been done. His IEP also contains no goals or objectives. JV was recently diagnosed with autism, but FN does not believe any autism assessment was conducted, and JV's classification (Specific Learning Disability) and program did not change. FN is seeking appropriate IEEs, placement (either in- or out-of-district), transition services or supports, and goals and objectives in the IEP, as well as compensatory education.

To review, email jmoore@vljnj.org

KW19E-1002001

SPECIAL EDUCATION - UNION COUNTY

Negotiation at IEP meeting; IHP; representation in retaliation action

KC is a 15-year-old 9th-grader who has cerebral palsy, a seizure disorder, and asthma, which makes him prone to upper respiratory infections. He has significant developmental delays and is dependent on a feeding tube. For years, the school bus has picked KC up last in the morning due to a complex and time-consuming morning routine including use of a feeding pump and feeding tube. However, KC's pick-up schedule has recently changed; the district claims it will affect other students and the bus schedules are up to the transportation company. In addition, the district has failed to provide appropriate transition services to KC. His IEP is vague and not tailored to his postsecondary needs. KC's mother, KW, believes the district may be retaliating against her in response to past advocacy. KW is seeking representation at KC's annual review in June, as well as an Individualized Healthcare Plan providing KC is picked up last on the bus, an appropriate transition plan in his IEP, and relief from retaliation if warranted.

To review, email jmoore@vljnj.org

FW19E-100200

SPECIAL EDUCATION - ESSEX COUNTY

Negotiation at IEP meeting to obtain evaluations and out-of-district placement

KM is a 4-year-old preschool student who has been diagnosed with autism. His doctor recommended an intensive ABA-based program, but the district does not offer such a program and instead, in December, recommended a typical preschool disabled class. KM's mother, FM, was concerned that such a class would have poor behavior role models for her son and not otherwise meet his needs. She filed for mediation, and the district agreed to let her explore in-district options in April and May, and to reconvene the IEP team in June to decide placement for the 2019-20 school year. FM is seeking evaluations of KM and representation at the June IEP meeting to obtain an out-of-district program that offers ABA.

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. NW filed for due process and adjourned her April 4 settlement conference; she is waiting on a new date. She seeks an out-of-district placement for her son in a school for students with autism, OT and additional individual SL therapy, IEEs including an FBA, appropriate transition services, and compensatory education if warranted.

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

AG19E-1001002

SPECIAL EDUCATION - CUMBERLAND COUNTY

Negotiation with the school district to obtain out-of-district placement and representation at a due process hearing or mediation if the district continues to deny an out-of-district placement.

LHG is a 7-year-old boy who is in kindergarten. He has a diagnosis of autism, ADHD and behavioral issues. Throughout pre-k, LHG was in an ABA program through LEAP (he had an extra year in pre-k). However, coming into kindergarten, he started to have problems. The school district did not have an ABA program that was appropriate for him. He was placed in a general education class. Although there is an inclusion teacher that comes into the class, she only comes in a few times per week. The parent obtained an independent evaluation, which was completed at the end of January 2019. The evaluation recommends that LHG needs a specialized ABA program. The parent has recently submitted the report, but the district has not been willing to consider an out-of-district for LHG. The parent is seeking an out-of-district placement for LHG in a school with a specialized ABA program. There is no pending litigation, although the parent is interested in filing for mediation or due process if the district continues to deny an out-of-district placement.

To review, email jmoore@vljnj.org

MH19E1000322

SPECIAL EDUCATION - ESSEX COUNTY

Order of Emergent Relief directing the Vocational Technical School to return LH to school; Order directing the Vocational Technical School to provide LH with compensatory educational services and a Determination of the amount and type of services required; and Complete multi-disciplinary reevaluation of LH.

LH is a 9th grade special education student, who began high school at a Vocational Technical School District, after completing 8th grade in his home district. He has been out of school since December 2018 because the Vocational Technical School district improperly excluded LH from school without providing him with any educational services. The parent completed a form to convert the petition from mediation-only to one for a due process hearing. The parent is seeking representation in a due process proceeding that is already pending, possibly including filing for an order of emergent relief to get LH back in school.

To review, email jmoore@vljnj.org