An Administrative Law Judge (ALJ) has ordered a Morris County school district to provide compensatory education to a student with disabilities.
The case involves a student with behavioral disabilities, including self-injury, who had been placed in a public school program. In 2015, the parent filed for a due-process hearing and successfully demonstrated that the district failed to provide a free, appropriate public education (FAPE), citing lack of social skills instruction, frequent removals from the classroom, on-going in-school suspension, and lack of 1:1 aid (as required by the IEP) when the student’s 1:1 aide was absent. The judge granted an out-of district-placement, ESY services, a psychiatric evaluation, and other behavioral supports in the home.
A year and an half later, the parent filed a petition for compensatory education in the form of after-school tutoring 3 times a week to make up for the academic losses that occurred as a result of the on-going removal from instruction while in the public program.
The judge agreed and ordered the district to provide the tutoring services.
CLICK HERE to read the full decision. OAL DKT. NO. EDS 00491-17
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