EducationLawyers.com

KM and GM obo CM v Westwood Regional BOE | Case 06475-19 | 2019-05-28

New Jersey special education due-process decision

Case number
06475-19
Date
5/28/2019
Parties / district (official listing)
KM and GM obo CM v Westwood Regional BOE

Open saved decision PDF · Official source

This page reproduces text extracted from the public decision. The saved PDF controls formatting and wording. No attorney-reviewed summary has been added.

Decision text

Page 1

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION EMERGENT RELIEF OAL DKT. NO. EDS 06475-19 AGENCY DKT. NO. 2019 29874 K.M. AND G.M. ON BEHALF OF C.M., Petitioners, v. WESTWOOD REGIONAL BOARD OF EDUCATION, Respondent. __________________________ Lisa K. Eastwood , Esq., for petitioner (Eastwood, Scandariato & Steinberg, attorneys) Jessika Kleen, Esq., for respondent (Machado Law Group, attorneys) Record Closed: May 24, 2018 Decided: May 28, 2019 BEFORE SUSANA GUERRERO, ALJ: STATEMENT OF THE CASE This matter arises under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415 et seq. On or about May 8, 2019 , petitioner filed a Request for

Page 2

OAL DKT. NO. EDS 06475-19 2 Emergent Relief with the Department of Education, Office of Special Education Policy and Dispute Resolution (Department). The Department transmitted the emergent relief application to the Office of Administrative Law (OAL), where it was filed on May 13, 2019, and scheduled for oral argument on May 17, 2019,1 but adjourned at the parties’ request due to their unavailability . The matter was rescheduled to May 24, 2019 . The parties appeared and engaged in discussions toward an amicable resolution. The parties reached a settlement as to the issues raised by the emergent relief application. A copy of the parties’ settlement agreement is attached hereto and incorporated herein. I have reviewed the terms of settlement and I FIND: 1. The parties have voluntarily agreed to the settlement as evidenced by their signatures or their representatives’ signatures on the attached agreement. 2. The settlement fully disposes of the issues raised by the request for emergent relief and is consistent with the law. I ORDER that the parties comply with the settlement terms and that the emergent relief proceedings be concluded. This decision on application for emergency relief resolves all of the issues raised in the due process complaint; therefore, no further proceedings in this matter are necessary. This decision on application for em ergency relief is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and is appealable by filing a complaint and bringing a civil action either in the Law Division of the Superior Court of New Jersey or in a district court of the United States. 20 U.S.C. § 1415( i)(2). If the parent or adult student feels that this decision is not being fully implemented with respect to program or services, this 1 The Department retained petitioner’s request for due process.

Page 3

OAL DKT. NO. EDS 06475-19 3 concern should be communicated in writing to the Director, Office of Special Education Programs. May 28, 2019 DATE SUSANA GUERRERO, ALJ Date Received at Agency Date Mailed to Parties: jb

Research New Jersey special education decisions