Representative Matters
m.g. o/b/o e.k. v. elizabeth board of education (Due Process)
Student, E.K., suffered from poor school attendance as a result of a persistent avoidance of school based upon emotional and psychological reasons, otherwise known as “school refusal”. Following a due process hearing it was determined that the District failed to adequately assess E.K.’s school refusal and improperly denied special education eligibility. Accordingly, the District was ordered to provide E.K. with an appropriate Individualized Education Program (IEP) at an out-of-district school.
m.g. o/b/o e.k. v. elizabeth board of education (Emergent Relief)
Despite acknowledging student’s need for attendance policy accommodations, the District nonetheless commenced truancy proceedings with potential criminal consequences. Following an Emergent Relief hearing, it was determined that there was a need to “make adjustments to the attendance policy so that the Student can continue with his home instruction studies, at his home if necessary, without the threat of a truancy charge for not physically attending classes at his school.” Thus, the District was ordered to provide home instruction and was enjoined from pursuing truancy proceedings.
s.s. o/b/o M.t. v. princeton board of education (due process)
Having placed student in general education classes pursuant to a due process settlement agreement, the District then sought to return student to resource room classes. Following a due process hearing it was determined that student made meaningful educational progress in his general education classes and the District failed to prove that moving student to a more restrictive environment was legally justified.
