A New Jersey Administrative Law Judge has order a Passaic County school district to reimburse parents for out-of-district tuition they paid because the district failed to provide FAPE.
The case involves a teen with Asperger’s Syndrome and ADHD who was classified as eligible for special education. After relocating from out-of-state, parents placed their son in an accredited, but non-approved private school, where he made progress. When tuition payments became unaffordable, the parents met with the district to describe the boy’s needs. They provided a copy of evaluation reports, and enrolled him in the public school. Although the district met with the parents to discuss the student’s needs, no IEP was developed, and no effort was made by the district to observe the student in his private program to learn more about his needs. After receiving only a general education class schedule, the parents re-enrolled the boy in the private school and sought tuition reimbursement from the district. The judge ruled in favor of the parents, finding that the district failed to provide FAPE. OAL DKT No. EDS. 02594-14
.