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
