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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.

Page 3

OAL DKT. NO. EDS 02752-21 - 3 - 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

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