- Negotiated
a comprehensive settlement agreement at the Office of Administrative
Law on behalf of the parent of a student with autism, whom
ELC represented in challenging the District'sfailure
to offer specialized programming for students with autism.
The terms of this settlement
include the District'sagreement
to provide extensive training and supervision by a knowledgeable
and experienced consultant trained in applied behavior analysis
to all staff in its autism program (one week intensive training
and one day per week ongoing supervision and training for
one calendar year), and to use the consultant to establish
a parent training program for ELC'sclient
and parents of all similarly situated students, to revise
IEP goals and objectives for these students, and to establish
progress reports for these students that are directly related
to IEP goals and objectives and that provide measurable indicators
of student progress towards those goals and objectives. This
case is expected to impact other students with autism educated
within the East Orange school district as the settlement should
result in extensive improvements to the in-district autism
program.
-
Successfully challenged the summary
dismissal of a student with a disability from a private school
accepting students placed by their public school districts.
In a case filed against
the public school district and the receiving private school,
ELC obtained an administrative law judge decision that the
private school was subject to the jurisdiction of the Office
of Administrative Law and was required to provide the same
rights and protections to a student placed there by his public
school district, as he would receive if educated in the public
school district. Case established important precedent on the
procedural rights of students placed in private schools.
-
Obtained favorable decision from the
Commissioner of Education applying liberal interpretation
to school residency statute, N.J.S.A.18A:38-1, to grant domicile
status to a student who resided with his great aunt, even
during period before great aunt obtained legal custody. Generally,
domicile status, and entitlement to attend school within a
district, is granted only to a student who resides with either
a parent or a district resident having legal control of the
student, i.e., custody or guardianship. Commissioner found
that under the facts of the case, in which there was no evidence
of fraud or wrong-doing, it would be inequitable to deny domicile
status to the student for entire period he resided with great
aunt, even though aunt did not obtain custody until after
the school began efforts to disenroll the student. Case established
important precedent on the necessity of liberal interpretation
of the school residency statute for students residing in non-traditional
families.
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