SM obo LT v Mahwah Twp BOE | Case 02752-21 | 2021-06-04
New Jersey special education due-process decision
- Case number
- 02752-21
- Date
- 6/4/2021
- Parties / district (official listing)
- SM obo LT v Mahwah Twp BOE
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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 02752-21
AGENCY DKT. NO. 2021 32534
S.M. ON BEHALF OF L.T.,
Petitioners,
v.
MAHWAH TOWNSHIP BOARD OF
EDUCATON,
Respondent.
S.M. o/b/o L.T. petitioner pro se
Nathanya G. Simon, Esq., (Scarinci & Hollenbeck, attorneys) for respondent
Record Closed1: June 3, 2021 Decided: June 4, 2021
BEFORE JUDE-ANTHONY TISCORNIA, ALJ:
This emergent case arises under t he Individuals with Disabilities Education Act,
20 U.S.C.A. §§1400 to 148 2. The parties have voluntarily agreed to resolve emergent
disputed matter and have entered into a settlement . The hearing on this emergent
1 This matter is final with the record closed only as to the Application for Emergent Relief. As set forth
below, the due process petition remains at the OAL.
Page 2
OAL DKT. NO. EDS 02752-21
- 2 -
matter was held o n June 3, 2021. The matter was settled as to the emergent matter.
The terms of the agreement between the parties, were put on the record.
I have reviewed the terms of settlement and I FIND:
1. The parties have voluntarily agreed to the settlement as evidenc ed by their
affirmation of same on the record during proceedings held on June 3, 2021.
2. The essential terms of the settlement reflect that, if Celebrate the Children
agrees to hire a licensed practical nurse for the benefit of L.T., and Celebrate the
Children trains said nurse to also act a s a 1:1 paraprofessional for the benefit of
L.T., the district will reimburse Celebrate the Children for the cost of said
nurse/paraprofessional.
3. The settlement fully disposes of all emergent issues in controversy between them
and is consistent with the law.
Therefore, I ORDER that the parties comply with the settlement terms and th at
these emergent proceedings be concluded.
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OAL DKT. NO. EDS 02752-21
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This decision on application for emergency relief shall remain in effect until the
issuance of the decision on the merits in th is m atter. The hearing having been
requested by the parents, this matter is he reby returned to the Department of Education
for a local resolution session, pursuant to 20 U.S.C.A. § 1415 (f)(1)(B)(i). If the parent
or adult student feels that this decisio n is not being fully implemented with respect to
program or services, this conc ern should be communicated in writing to the Directo r,
Office of Special Education Policy and Dispute Resolution.
June 4, 2021
DATE JUDE-ANTHONY TISCORNIA, ALJ
Date Received at Agency: 6/4/21___________________________
Date Sent to Parties: 6/4/21
id
