Broder Law Group prevails in school placement litigation for a child in special education

By December 12, 2018No Comments

Broder Law Group, P.C. is pleased to announce the firm successfully secured an appropriate school for a student with special needs in Monmouth County. The student’s family sought to unilaterally place their child at a private school after the District failed for two years to provide the student with an appropriate public education, as the law demands.

After five days of trial, the Court found in favor of the parents and ordered the District to reimburse the family for all costs of tuition, transportation, and related educational services at the Newgrange School, private school located in Hamilton, New Jersey. In addition, the fee-shifting provision of the Individuals with Disabilities Education Act allowed for the parent to be reimbursed for their attorneys’ fees. The Honorable Judge Scarola based her decision on the child’s past Individualized Education Programs, professional evaluation reports, and the eliciting testimony of our expert witness on the child’s disability. The evidence concretely demonstrated the program offered by the District was not sufficiently individualized to permit the child to make continuing meaningful progress in light of his learning and language deficits. Rather, the Newgrange School was found to provide a comprehensive program that utilizes a proven methodology, such as Orton-Gillingham and the Wilson Reading System, across all subject areas.

The Court’s decision in S.D. o/b/o J.D. v. Matawan-Aberdeen Regional Board of Education, OAL Dkt. No. EDS13199-17 may be found here here.

For more information on Broder Law Group, P.C.’s special education practice, please visit us at broderlawgroup.com or call us at (856) 234–8768 to speak with a special education attorney.