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Student Rights Project Case Highlights
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Special Education
- A
ruling from the Superior Court of New Jersey, Appellate Division,
invalidating eight of the state's special education regulations
which violated the federal Individuals with Disabilities Education
Act (IDEA).
- Filing
of a class action complaint in federal district court against
the Newark Public Schools and the New Jersey Department of Education
(NJDOE) and their employees for their failure to identify, locate,
refer, and evaluate students for special education eligibility;
failure to provide eligible students with special education and
related services; and failure to provide students with "compensatory
education" to compensate for the educational services of
which they were deprived.
- Filing
of a complaint in federal district court challenging the Jersey
City Public Schools, NJDOE and their individual employees for
their failure to provide appropriate services to a student with
dyslexia for more than ten years.
- An
administrative decision by NJDOE finding that the Ridgefield School
District's segregation of five students with disabilities on a
class trip to Washington, D.C. did not comply with the District's
obligations under IDEA.
- An
administrative decision by NJDOE finding that the East Orange
School District violated the rights of students with disabilities
in foster care by failing to comply with procedures for the appointment
of surrogate parents to make educational decisions for such children
and that the District failed to provide timely and adequate educational
services when suspending children with disabilities.
- An
administrative law judge decision reversing the summary dismissal
of a student with a disability from a private school accepting
students placed by their public school districts. Administrative
law judge held that the private school 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.
- A
successful challenge to the West New York School District's failure
to provide appropriate transition planning services, required
by IDEA, to a student with severe disabilities.
- Negotiation
of 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's failure to offer specialized
programming for students with autism.
- A
federal district court decision denying the State of New Jersey's
Motion to Dismiss a special education case on sovereign immunity
grounds, in which ELC represented 13 local and national civil
rights and educational advocacy organizations participating as
amicus curiae.
School
Admissions/Residency
- 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.
- Obtained
favorable decision from the Commissioner of Education ordering
the West Orange Board of Education to discontinue its practice
of requiring an applicant for admission to obtain a Certificate
of Inhabitancy (CI) from the municipal housing inspector as a
condition of enrollment. The Commissioner also invalidated the
Board's practice of denying admission based on incomplete transcripts
and immunizations.
- Promulgation
by the State Board of Education of regulations governing students'
entitlement to attend public schools based on domicile and residency
in response to SRP litigation and testimony.
Student
Discipline
- Obtained
emergent relief ruling form the State Board of Education requiring
a student's placement in an alternative education program pending
determination of his expulsion appeal. In this ongoing challenge,
ELC is arguing that the student's expulsion without alternative
education by Bergenfield Board of Education violates his constitutional
rights under the Education and Equal Protection Clauses of the
New Jersey Constitution and is also arbitrary, capricious, and
unreasonable.
- Successfully
challenged expulsion and gained reinstatement of a fifteen year
old student who was expelled under Collingswood School District's
policy of zero tolerance for bomb threats. The student in question,
who had no history of disruptive or dangerous conduct in any setting,
had changed a computer shutdown screen to read, "If you turn
me off I will blow up."
- Obtained
favorable settlement for a fifteen-year-old student who had been
expelled under Rahway School District's policy of zero tolerance
for weapons. The students was expelled for possession of a sixteen
inch miniature baseball bat, which had made earlier that day in
his shop class, with his shop teacher's approval. Under the terms
of the settlement, the board of education agreed to reinstate
the student, expunge the expulsion from his record, and provide
compensatory education.
- Negotiated
settlement with the East Orange Board of Education requiring a
revision to key provisions of its student discipline policy. Under
the settlement, the East Orange Board of Education is required
to: (1) provide alternative education to all students suspended
long-term and awaiting a formal disciplinary hearing before the
Board; (2) schedule all formal disciplinary hearings before the
Board within 21 days of the student's removal from school: and
(3) provide students with a list of Board witnesses and a summary
of witness' testimony at least five days prior to the Board hearing.
- Successfully
challenged the indefinite suspension of a five-year-old student
with severe expressive and receptive language delays for hitting
another kindergartner. Although and Administrative Law Judge upheld
the student's exclusion by the South Orange and Maplewood School
District, ELC obtained the student's reinstatement to school,
with additional services and assessments, through a settlement
reached on appeal to the United States District Court
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