A.H. was a twelve-year-old girl with average intelligence and ADHD who had an IEP that called for her to receive the support of a special education teacher for all academic subjects in her general sixth grade classroom. Although accepted through a lottery to attend a neighboring district's "choice program," her acceptance was revoked when the choice district learned that she had an IEP calling for…
In a case heard in U.S. District Court for New Jersey, the court upheld a New Jersey Administrative Law Judge’s decision to grant tuition reimbursement to a student unilaterally placed in a non-special education parochial school. MZ was a three-year-old preschooler when he was evaluated and diagnosed with moderate expressive language deficits. MZ’s parents contacted their local school district to determine whether he might be…
B.A.W., a 19-year-old student with learning disabilties, and his mother, R.Y.W., met with the East Orange School District CST to develop an Individualized Education Plan ("IEP") for B.A.W. for the remainder of the school year. During that meeting, Plaintiff's mother requested that B.A.W. be provided with services beyond the current school year. This request was discussed and ultimately rejected by the district at the meeting…
K.N. was enrolled in Sinai High School, a nonpublic Jewish day school for children with special needs in Teaneck, New Jersey. Bergen County Special Services ("BCCS") determined that K.N. was eligible for special education and related services under the disability category of "Specific Learning Disability." B.N. applied to the Bergen County Technical Schools ("BCTS") shared-time vocational program in which students can receive vocational services part-time…
An OCR complaint against Long Beach Public School Schools, in New York, resulted in the identification of substantial disparities in the District's classification and placement rates of racial and language minority students in special education. A Corrective Action Plan was negotiated designed to eliminate the District’s discriminatory referral, evaluation and placement procedures.
School-aged children with disabilities who attended, or had in the past attended, schools in the Ravenswood City School District, alleged that Ravenswood failed not only to meet their individual educational needs, but also failed to provide similarly-situated children within its jurisdiction a free appropriate public education, as mandated by IDEA, Section 504, the ADA, and a variety of California State laws. An action was filed…
The Sequoia Union High School District implemented a Drop Out and Attendance Policy that disproportionately affected hundreds of poor minority students who had moved from a small, poorer elementary school to the much wealthier, and whiter, district school. An action was filed in US District Court for Northern California. The Court’s decision found the district’s actions constituted civil contempt, the case was settled in favor…
In C.G. v. East Orange BOE, the district dropped a female student who had been bullied from enrollment, owing to her poor attendance. Attorney Giles prevailed and the State Board of Education ruled that the district's action violated her State constitutional right to a thorough and efficient education.
In S.R.R. v. Roselle BOE, Attorney Giles prevailed in a challenge of the permanent expulsion of a bullied student under a zero-tolerance policy. The Administrative Law Judge and Commissioner of Education rejected the district's zero tolerance approach, and ordered that the student be reinstated and awarded compensatory education.