The board of education of a North Jersey school district has agreed to pay a student with severe disabilities $30,000 to settle allegations that it deliberately caused her to miss middle school graduation in 2012.
The case involves an 8th grade girl who has severe intellectual and developmental disability. At an IEP meeting, the district and the girl’s mother determined that the teen’s current placement at an eighth-grade level was appropriate and that she would stay at the middle school for another year. At a meeting held later, at which the mother did not attend, it was determined that the student should be designated as a ninth grader the next school year. As a result, her mother ignored e-mails about the middle school graduation because she was unaware her daughter would be advancing to the next grade. She was told of the change after the graduation ceremony had occurred.
Although the district claimed the problem resulted from a misunderstanding and miscommunication, the state Attorney General and the Division of Civil Rights found probable cause for wrongdoing and evidence of deliberate discrimination.
In addition to the payment and the invitation to participate in ceremonies the following year, the district also agreed to notify all students with disabilities of future graduations and special events by postal and electronic communication, and to train staff on the New Jersey Law Against Discrimination. Under the terms of the settlement, the school district makes no admission of liability or wrongdoing.
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