3RD CIRCUIT COURT OF APPEALS
D.F. v Collingswood: listen to Jamie Epstein's June 4, 2012 oral argument regarding DF's right to compensatory education from his Collingswood School after moving out of state.
D.F. v Collingswood: D.F. filed for due process and sought compensatory education. During due process, the Judge dismissed his petition because he moved out of New Jersey. D.F. appealed to District Court who affirmed. D.F. appealed to the Third Circuit, who in a precedential published decision, reversed and remanded holding special education students who may have been deprived of FAPE do not lose their right to compensatory education by moving out of the state where their school district is located. Their reason was that if the school district had violated the student's right to FAPE, his school district should be made to provide him the educational services they deprived him of.
PN v Clementon Bd. of Ed.: 442 F.3d 848 (3rd Cir. 2006), cert. denied, 127 S. Ct. 189 (2006); The appellate court, in reversing the district court, held that PN obtaining an order; reinstating PN in school, reimbursing PN for psychological services, requiring the board meet and to develop an accommodation plan for PN and requiring the board to pay for PN's psychologist to participate in said meeting, and for the board to pay for an independent child study team by PN's experts constituted substantial relief. PN successfully opposed the Board's petition for certiorari to the U.S. Supreme Court.
NEW JERSEY DISTRICT COURT
CB obo CB v HOPEWELL CREST BOE: CB requested the BOE pay for an evaluation (IEE) by her selected professionals in reading, neuro-psychology and behavior. The BOE refused. CB filed due process and the ALJ ordered the BOE to pay for the IEE. The BOE appealed the ALJ to Federal Court. The Federal Judge affirmed the ALJ's Order and ordered CB to file for her attorney's fees.
DK v Washington Twp Bd of Ed.: The Court granted our request for an injunction against the Board's indefinite suspension of DK for drawing a stick figure shooting a gun in his computer graphics class.
F.H. and M.H. o/b/o J.H. v. West Morris Regional High School Board of Education: Parents appealed ALJ's Order denying their child reimbursement for her unilateral placement. The Federal Court remanded the ALJ's Order and mandated the ALJ explain the basis for Order.
GLOUCESTER TWP BOE v. E.N. & M.N. obo A.N.: The BOE filed an appeal to the Dist Ct of the ALJ's Partial Summary Judgment Order compelling the BOE to pay for A.N.'s IEE while A.N.'s case was continuing at NJOAL. The Dist Ct dismissed the BOE's case for failure to appeal from a final order.
HB v Deptford Bd. of Ed.: Court held school failed to provide autistic pre-schooler a free and appropriate education in the lease restrictive environment and affirmed $89,000 in reimbursements from the school to her parents.
J.K. obo T.B. v Mt. Laurel Bd. of Ed.(11/05/2011): The Court ruled that T.B. obtaining significant relief being provided a one to one aide, 50 hours of compensatory education and a behavior assessment and plan overseen by his expert entitled T.B. to prevailing party status.
J.K. obo T.B. v Mt. Laurel Bd. of Ed.(03/30/2012): Having obtained a Consent Order providing for a remedy that the Board would not agree to before commencement of the litigation, the Board was Ordered to pay the parents' attorney fees and costs.
JN v Mt Ephraim Bd. of Ed.: Court holds after student obtained all services requested, he is found to be the prevailing party entitled to attorney's fees and the cross-motion for summary judgment by Defendant Mt. Ephraim Board of Education Motion to deny prevailing party status to Plaintiffs is hereby DENIED.
J.M. v. Kingsway Reg'l Sch. Dis: Denied school's request for summary judgment to find student was not entitled to compensatory education when school failed to prove it provided appropriate IDEA education and 504 services.
L.J. v Audubon Bd of Ed.: The District Court granted the parents' request for an injunction requiring the Board to provide the services ordered by the Administrative Law Judge.
L.J. v Audubon Board of Ed.: The District Court grants the parents' request to hold the Board in contempt for failing to provide L.J. with the services ordered by the Administrative Law Judge as enforced by the District Court Judge's injunction.
L.J. v. Audubon Bd. of Educ.: On the BOE's appeal, the Court affirmed the ALJ's granting of LJ's motion to bar the BOE's evidence because the BOE's pre-trial disclosures were submitted less than 5 business days before the first hearing day.
LR obo JR v New Jersey Department of Education: LR claimed NJDOE violated IDEA because its Independent Educational Evaluation (IEE) regulations did not comply with federal law and instead allowed schools to deny a student's IEE Request for an evaluation in an area not previously evaluated by the school. NJDOE agreed to strike the non-conforming portion of its regulations, notice the public and pay future educational expenses and attorney's fees.
LR obo JR v Camden City School District: LR filed a Petition claiming that Camden violated IDEA because it denied JR's IEE Request for evaluations in areas not currently evaluated by Camden. The ALJ held Camden's denial was authorized under NJ Regulations. LR appealed. On appeal, Camden entered into a Settlement agreeing to pay for LR's professionals to perform the IEEs, other educational services and her attorney's and expert's fees.
PN v Clementon Bd. of Ed.: Court holds that after the student obtained all services requested from his school at the administrative hearing, he may recover attorney's fees and costs and expenses from his school.
Renna v. County of Union: 2015 U.S. Dist. LEXIS 1370 (D.N.J. Jan. 6, 2015) the U.S. District Court Magistrate accepted Jamie Epstein's expert opinion on hourly rates for attorneys. The Magistrate's report was adopted by the U.S. District Court Judge. 2015 U.S. Dist. LEXIS 52381 (D.N.J., April 21, 2015)
NEW JERSEY STATE COURTS
NEW JERSEY SUPREME COURT
LR obo JR v Camden School District: the parties settle six cases: one OPRA Student Records Case before the New Jersey Supreme Court, two Disability Discrimination Cases before the New Jersey District Court and three Special Education Cases before the New Jersey Office of Administrative Law. For JR, LR receives: (1) JR's school records, (2) an $18,500 education trust fund, (3) placement at her selected private special education school, and (4) payment of her attorney's fees.
NEW JERSEY APPELLATE DIVISION
DF v Collingswood Bd of Ed: The appeals court reversed two lower court's denial of the student's request for access to the Bd of Ed's unredacted attorney's bills from the student's case.
Howard Branin v Boro of Collingswood: The Appellate Division granted our request to reverse the decision of the trial court who erroneously allowed the Boro to withhold records of a prior settlement entered into by the Boro in a federal civil rights case.
JP v Lenape Reg. H.S. Bd. of Ed.: The Court granted our request for reversal of the Superior Court's decision which found JP had agreed to only be reimbursed for 50% of his tuition of his private unilateral placement for 10th and 11th grades.
JL v PRESS:: The Appellate Division reversed the lower court because it failed to rule on the merits of whether administrative order providing affirmative relief and federal court order providing prevailing party attorney's fees required dismissal for failure to exhaust administrative remedies.
K.E. v. Elizabeth BOE: KE requested access to the BOE's (1) final special education administrative decisions and (2) the incorporated settlement agreements and (3) the BOE's resolutions approving the settlement agreements via the New Jersey Open Public Records Act. The BOE denied access. K.E. filed a civil action action. The Court ordered BOE provide access and awarded K.E.'s attorney's fees. The BOE appealed. The New Jersey Appellate Division affirmed the lower court's order.
K.E. v. Elizabeth BOE: After the Appellate Division affirmed the lower court in their 5/18/22 precedential reported OPRA opinion, the student requested the BOE pay her prevailing party attorney's fees and costs. On 7/26/22, the Appellate Division granted 100% of the students' requested fees and costs.
K.L. v Evesham Township Board of Education: K.L. appealed a Superior Court decision denying his New Jersey's Open Public Records Act (OPRA) request for access to the school's records pertaining to his children being bullied. The Court reversed the trial court's decision, in part, and held the bully's discipline records were subject to disclosure under OPRA.
L.R. o.b.o. J.R. v CHERRY HILL PUBLIC SCHOOLS: The Appellate Division reversed the Camden County Superior Court's denial of LR's Motion for Waiver of Court Costs,which LR, who was indigent, was unable to pay. The Appellate Division's decision enabled LR to be able to pursue her Open Public Record Access claim on behalf of her special needs child.
LR obo JR v Camden School District (10/16/2017): The lower court's order denying LR's Open Public Records Act Request for access to JR's school records held by her Special Education Director and Case Manager was reversed on appeal.
NEW JERSEY SUPERIOR COURT
AS v Greenwich Board of Education: AS filed an OPRA Request with the Board for access to his student records. The Board denied AS access to his student records and AS filed a civil action. Greenwich was ordered to provide AS access to his student records. Greenwich violated the Order. The Court granted AS' motion to find Greenwich violated his rights. The Court fined Greenwich $100 a day until they comply with the Order to give AS access to his student records. Additionally, the Court ordered Greenwich to pay AS' attorney's fees for the motion.
Doe v Rutgers University: Court ruled Rutgers violated OPRA by denying student facing expulsion right to other student's disciplinary records and ordered Rutgers provide the student with the requested records.
E.Z. v. Deptford Board of Education: EZ requested her child's Board of Education give her access to her child's student records via the Open Public Records Act (OPRA) . The Board denied E.Z.'s OPRA request because E.Z. did not have custody of her child, she did not have the right to access her child's records. E.Z. filed a Civil Complaint for access. The Court ordered E.Z. to submit her Custody Orders for in-camera review. Upon in-camera review, the Court found because the Custody Orders did not restrict E.Z. right to access her child's student records, it granted E.Z. requested relief.
FA & MA obo BV v Cherry Hill Board of Education: The Court held the Cherry Hill Board of Education violated Plaintiffs rights under the Open Public Records Act to access their child's student records. The Court further held Plaintiffs were entitled to their reasonable attorney's fees.
JJ v Rutgers University: in this Open Public Records Act case the Court found JJ to be prevailing party after Rutgers denied JJ's request for law school students' disciplinary records.
JL & KL obo JL v Harrison BOE: after obtaining a reversal on Appeal the lower court denied the BOE's motion to dismiss allowing the family to proceed with their lawsuit for monetary damages against the BOE.
KW obo MG v Salem City BOE: the Court ruled the family may sue the BOE for monetary damages caused by the BOE's indefinite suspension of MG and unilateral change of MG's placement.
L.R. v. Fort Lee Pub. Sch. Dist.: In this Open Public Records Act case seeking student records, the Board of Education was ordered to pay the parent's prevailing party attorney's fees after the Board denied access to the requested student records until after the civil action was filed.
SB v Rutgers University: SB submitted an OPRA request for her student records to Rutgers. Rutgers denied the request stating student records were exempt from OPRA. Jamie Epstein filed a complaint against Rutgers in Superior Court. Rutgers entered into a settlement agreement with SB to provide SB with her student records and pay SB's attorney's fees.
State v Devine and Hunsberger: The Court reverses Devine's conviction because the Boro of National Park's ordinance is unconstitutional for requiring the landlord to consent to the inspection of his tenant's home after tenant objected.
TD v Audubon Bd. of Ed.: The Court granted our request for an injunction against the Board's use of a weighted vest on T.D. without notice to his parent.
NEW JERSEY OFFICE OF ADMINISTRATIVE LAW
D.T. obo L.T. v Lawnside BOE II:D.T. claimed the BOE denied L.T. a FAPE and he was entitled to compensatory education from the date of the prior petition in LT I (decision discussed above) to the date of the new petition in L.T. II. The BOE was ordered to pay: 1. for L.T.'s private placement; with 2. extended school year; and 3. with summer camp; and 4. $10,800 into DT's trust account for LT for related services compensatory education; and 5. $1,110 into LT's trust account for ABA consultative services compensatory education.
AG v Gibbsboro and Eastern BOEs: AG, classified SLD, claimed a denial of FAPE from Gibbsboro, his prior school and an inappropriate IEP from Eastern, his current school. Gibbsboro agreed to provide a lump sum payment for AG's private evaluations, lost educational services and attorney's fees. Eastern agreed to pay for additional private evaluations, a behavior plan, an appropriate IEP incorporating AG's expert's opinions and attorney's fees
A.H. v Washington Twp. Bd. of Ed.: The ALJ Ordered Washington Twp. to immediately return A.H. to his inclusive in district stay-put placement and program after they locked him out on the first day of school.
A.S. and C.C., Petitioner, v. MAGNOLIA BOROUGH BOARD OF EDUCATION Respondent: School consents to continue to provide preschooler's early intervention program in his public school IEP.
A.S. v. GREENWICH BOE v. A.S.: AS requested the BOE pay for an independent educational evaluation (IEE) by his selected professionals. After trial, as per the attached decisions incorporating the settlement agreement, the parties settled and the BOE agreed to pay for the IEE and AS' attorney fees. In the other case the BOE agreed not to develop an initial IEP for AS without the parent's consent.
A.S. v Harrison Township Bd. of Ed.: The ALJ Ordered Harrison to provide A.S., who was classified as other health impaired and entitled to an inclusive placement, with compensatory education and his parents with tuition and transportation reimbursement for the two months he was wrongfully barred from school.
A.S. v Harrison Township Bd. of Ed.: The ALJ Ordered Harrison to immediately facilitate A.S.'s inclusive out of district stay put placement and program after they refused to place him on the first day of school.
AUDUBON BOARD OF EDUCATION , Petitioner v. P. G. and V.G. O/B/O H.G. Respondent: School sought independent evaluation by their expert, parent cross-petition sought independent evaluation by their expert, Court denied school's request and granted parent's request
BERLIN BOROUGH BOARD OF EDUCATION, Petitioner, v. M.D.: ON BEHALF OF M.B Expelled student to be returned to school and provided compensatory education and an independent evaluation.
BV v Cherry Hill BOE: BV filed due process after the BOE created a new IEP with speech once a week. Under stay-put, BV's prior IEP required speech therapy twice a week. The BOE refused to provide the speech twice a week. BV filed a Request for Emergency Relief. The BOE responded there was no dispute because they now agreed to provide speech twice a week. But the ALJ found the BOE had not scheduled the speech twice a week and that the BOE violated BV's right to stay-put. The ALJ ordered the BOE to comply with BV's stay-put placement and program.
CB v Hopewell Valley BOE: ALJ granted CB's request for the BOE to pay for student's selected professionals to provide CB with a Reading, a Neuro-psychological and a Behavior Independent Educational Evaluations.
CD obo JK v Mt. Ephraim BOE and Gloucester City BOE: JK sought Emergency Relief from being given an indefinite suspension plus other suspensions totaling 30 days of suspensions for the school year. The schools entered into a settlement agreement incorporated into a final decision returning JK to his placement and program, providing him with compensatory education and attorney's fees.
CG and RG obo CEG v Winslow Township Board of Education.: The Board agreed to the parents requested private special education placement, services, accommodations, evaluations and reimbursement of the parents' privately obtained services and evaluations.
CITY OF CAMDEN BOARD OF EDUCATION, Petitioner, v. G.K. o/b/o N.B., Respondents And G.K. o/b/o N.B. (1999): Successfully opposed school's use of their expert's behavior assessment.
CITY OF CAMDEN BOARD OF EDUCATION, Petitioner, v. G.K. o/b/o N.B., Respondents And G.K. o/b/o N.B. (2001): Denied school's petition, granted parent's cross-petition for private placement.
DB v Oaklyn Bd. of Ed.: The Court granted our petition for an unprecedented injunction against the Board's rescission of their agreement to promote DB after successfully completing summer school.
D.H. o/b/o S.H., Petitioners, v. SOUTHAMPTON BOARD OF EDUCATION, Respondent: Parents awarded three years of compensatory education, school sanctioned for withholding discovery
D.T. obo L.T. v. Lawnside BOE.: L.T. was a severely disabled second grader. The final decision found the BOE failed to provide LT an appropriate: evaluation in all suspected areas of disability, classification, placement, program, Individual Education Plan, related services, and transportation. The final order required the BOE to correct it's violations of LT's rights including providing him an new out of district placement at a special education school at the public expense with an IEP incorporating the recommendations of his experts.
DZ v Yale School and Audubon BOE: DZ was given an indefinite suspension and filed for emergency relief to be returned to his placement and program to which the schools consented to and entered into a settlement agreement incorporated into a final written decision.
DZ v Audubon BOE and YALE School: DZ was placed by Audubon at YALE School. DZ claimed he was wrongfully removed from his YALE, was not provided an appropriate education and was discriminated against. DZ also claimed Audubon violated his OPRA rights to his student records. DZ settled with Audubon in consideration of Audubon's payments and bestowing his diploma.
E.B. AND P.B O/B/O H.B. Petitioners, v. DEPTFORD TOWNSHIP BOARD OF EDUCATION Respondent: School order to reimburse parents for autistic child's unilateral placement, provide compensatory education and maintain unilateral placement.
EK on behalf of WW v Mantua Board of Education: Mantua was ordered to reimburse EK $8,674 for WW's private speech, behavior and reading assessments.
EN & MN obo AN v Gloucester Twp BOE: The parents requested an $3,200 Independent Education Evaluation assessment by a Reading Specialist. The BOE failed to either provide it at the public expense or seek timely relief from a judge. The BOE claimed it only had to pay up to the amount of its $600 cap. The parents filed a petition against the BOE and requested the ALJ order the BOE to provide the Reading Assessment at the public expense. The ALJ granted the parents' request and ordered the BOE to provide the parents with the reading IEE assessment at the public expense because the BOE failed to seek timely relief from a judge.
ES & GS o/b/o BS v Merchantville Board of Education: The Board agreed to provide BS special education services, accommodations, evaluations and reimbursement of the parents' privately obtained services and legal expenses.
EZ obo DZ v Audubon BOE and Hampton Academy: The ALJ held the BOE had wrongfully kept DZ out of his placement at Hampton Academy for over two months through an improper indefinite suspension. The ALJ ordered DZ be returned to Hampton and Hampton and the BOE to come up with a plan to provide DZ with the special education he was wrongfully deprived of.
EZ obo DZ v Audubon BOE and Hampton Academy II: DZ claimed, during the past two school years, he was improperly removed from his placements by the BOE and the home instruction he was offered by the BOE was inappropriate. To settle DZ's claims, the BOE enter into a settlement agreement to provide DZ with hour for hour compensatory education for each day of school DZ missed.
F.W., Sr. o/b/o F.W, Jr., Petitioner, v. RIVERSIDE TOWNSHIP BOARD OF EDUCATION, Respondent: School failed to prepare an appropriate Section 504 Accommodation Plan and was ordered to provide an appropriate 504 Plan as expeditiously as possible.
H.S., M.S. & A.S. v. Harrison Twp. Bd. of Ed.: The Court granted the parents' petition for classification and reimbursement of their private inclusive placement of their 5 year old son who suffered from hearing impairment, ADHD and other disorders.
H.S., M.S. & A.S. v. Harrison Twp Bd of Ed.: The Court granted the parents' emergency request for the school to pay for their son's private inclusive placement and transportation for the 2013-14 school year pending the outcome of due process.
JB & CB obo JB v Penns Grove-Carneys Point BOE: Student claimed BOE violated his right to be evaluated in all areas of suspected disabilities, allowed his teacher to harass him and denied him appropriate reading special education services. The BOE agreed to pay for private evaluations and compensation to settle the student's other claims.
J.F. AND B. F. O/B/O R. F., Petitioners, v. LOWER CAMDEN REGIONAL BOARD OF EDUCATION: Board consent to parent's petition for student's residential placement.
JH v WEST MORRIS REGIONAL HIGH BOARD OF EDUCATION: On remand, the ALJ reversed his prior decision in favor of the school and ruled in favor of the student awarding the student two years of private school tuition and transportation reimbursement.
JK v Mainland Regional High School: School placed JK in a 45 day alternative placement claiming he caused serious injury to another student and his behavior was not a manifestation of his disabilities. JK filed a petition seeking the school's 45 day placement be terminated and he be returned to his placement and for compensatory education for denial of an appropriate education. By the time the Judge scheduled the hearing the 45 days had expired. The school settled JK's other claims against the school and JK's claim for attorney's fees.
JN v Haddonfield BOE: BOE claimed JN was too dangerous to return school and placed him on home instruction. ALJ held BOE failed to prove their claim and ordered BOE to return JN to his placement and program.
J.R. v Camden Bd. of Ed.: The Court granted J.R.'s request for a new appropriate and individualized IEP, an independent neurological evaluation, planned opportunities to be educated with non-disabled peers and 180 hours of compensatory education.
JR v Camden School District: The ALJ granted JR's request to order the District immediately provide JR's attorney with JR's withheld student records.
KE v Burlington Twp BOE: The parents claimed the Board failed to provide their child an appropriate education and requested reimbursement for privately obtained educational services. The parent obtained a final decision incorporating a settlement agreement which included reimbursement for the private educational services and attorney's fees.
K.W. on behalf of M.G. v. Salem Board of Education: The Judge granted K.W.'s request for emergency relief to return M.G. to his prior placement after he was unilaterally removed and for Salem to pay for K.W.'s expert to provide M.G. with a behavior assessment and a behavior plan.
K.W. on behalf of M.G. v. Salem Board of Education: MG, a disabled student, claimed he was subject to numerous improper suspensions. The BOE agreed to provide MG with: a qualified 1-1 aide; 1 year of compensatory education; independent evaluations by a reading specialist, speech therapist and psychiatrist; development of a behavior plan and protections against future improper suspensions.
LR obo JR v Camden School District (10/18/2017): The Judge ruled, after the student had prevailed in a prior case against the District, the District withheld the student's records to prevent the parent from knowing the District was again depriving the student of an appropriate education. The Judge ordered the District provide specific relief to compensate the student for the District's failures..
L.U. o/b/o A.P., Petitioners, v. TOWNSHIP OF PEMBERTON BOARD OF EDUCATION: School consented to return student to school and provide compensatory education.
MG v Salem BOE: MG filed a Petition for Due Process because the BOE failed to comply with the MG1 settlement. The BOE entered into a settlement and agreed to: pay for MG's experts to incorporate their reports into MG's IEP, provide social skills training, pay for MG's expert to provide the 1-1 aide and oversee the behavior plan, increase the amount of speech therapy, provide daily reading tutoring from a reading specialist, provide extended school year, pay for 300 hours of private compensatory education, pay for MG's selected psychiatrist, neuro-psychologist and occupational therapist to evaluate MG, pay MG's experts to develop the IEP and pay MG's attorney's fees.
RG, CEG and CBG v. Winslow Twp. Bd. of Ed.; At due process, the school agreed to provide CBG (an 8 year old with autism, a seizure disorder and other disabilities) with a 504 Accommodation Plan, eligibility for special education, an IEP, numerous evaluations by evaluators selected by the parents and an inclusive placement at the private school selected by the parents.
R.M. O/B/O G.B. Petitioner, v. PAULSBORO BOARD OF EDUCATION AND JERSEY CITY BOARD OF EDUCATION: Schools consented to parent's petition to immediately provide a Free and Appropriate Education to three homeless children and have independent evaluations performed by parent's expert.
SH & CH obo SH v Alloway Twp BOE; SH, a regular education student, sustained a concussion and could not return to school without a 504 Accommodation Plan. SH filed for emergency relief and the BOE agreed to immediately provide him with his 504 Plan.
SH & CH obo SH v Alloway Twp BOE II; SH, a regular education student, sustained a concussion and could not return to school without a 504 Accommodation Plan. SH obtained a settlement incorporated into a final decision to compensate SH for his loss of educational services for the period of time he was without an appropriate 504 Plan and payment of SH's attorney's fees.
SH & CH v Alloway Twp BOE; In the parents' appeal of the BOE's domicile decision the Judge ruled in favor of the parents and denied the BOE's request to dismiss the parents' case.
NEW JERSEY GOVERNMENT RECORDS COUNCIL
(AUDIO) CB obo CB v Hopewell Crest BOE: CB sent her school an Open Public Records Request for her child's student records. The school denied CB access. CB filed an Complaint with the New Jersey Government Records Council who ordered the school provide CB access to her child's student records and will decide CB's request for her attorney's fees.