A New Jersey Administrative Law Judge has ruled that a local school district must reimburse parents for the cost of a private, out-of-district program.
The case involved a middle school girl with Asperger’s Syndrome, Central Auditory Processing Disorder, and Attention Deficit Hyperactivity Disorder (ADHD) being treated with medication for depression and anxiety. She had been placed in a local school district’s language and learning classroom and attended select general education classes with the support of an aide. District staff testified that the girl’s odd social behaviors were “disruptive to her learning and the learning of other students.”
Concerned for their daughter’s poor social skills, poor self-esteem, and anxiety, the girl’s parents removed her from the public school, and unilaterally enrolled her in a private school, seeking reimbursement for all costs associated with her enrollment.
The judge found the district failed to demonstrate that the girl had made meaningful progress in her areas of deficiency, noting that “special education and mainstream teachers testified that her grades were modified grades, took into consideration effort, and were the result of a lot of prompting, cueing, and modifications.” He concluded that the girl’s parents were entitled to reimbursement for two years of tuition, as well as associated transportation costs.
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