Continuing Transition Services

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 at BCTS while receiving academic instruction elsewhere.

The District paid for K.N.’s tuition and transportation during the 2007-2008 as well as the 2008-2009 school year.

K.N. was to be graduated but wanted to continue at BCTS for additional transition services, however, the district refused to pay tuition or transportation for continuing services.

A request for emergent relief was made challenging the District’s failure to provide educational services to K.N. and seeking a declaration that the district had violated K.N.’s rights under the IDEA, Section 504 and NJ State law, and seeking appropriate evaluations and the development of an appropriate IEP for K.N, the immediate resumption of K.N.’s placement at BCTHS-Paramus, and compensatory education consisting of an additional school year with an appropriate IEP and placement beyond the school year in which K.N. turns twenty one.

On appeal to the US District Court for New Jersey, the parties ultimately entered into a Consent Order in which KN would resume his placement at BCTHS-Paramus, participate in a home school component to be provided by the district, and cooperate in evaluations and a district IEP meeting to create a program encompassing academic as well as transition components. Additionally the parties agreed that the issue of compensatory education would be considered at the subsequent annual review meeting.