JAMIE EPSTEIN
ATTORNEY AT LAW
Representing regular, special and higher education students and their families since 1989
My Cases

Cases Federal Courts

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.

New Jersey District Court

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.

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.

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)

State Courts

NJ 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.

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.

NJ Superior Court

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.

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.

NJ. Office of Administrative Law

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 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.

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

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.

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.

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.

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.

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.

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.

Contacts
  • Mercer County Office and Mailing Address

    17 Fleetwood Drive

    Hamilton, NJ 08690

  • Camden County Office

    4 Munn Avenue

    Cherry Hill, NJ 08034

  • Telephone

    (856)-979-9925

  • Email

    JE@JamieEpsteinLaw.com