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This matter comes before this Court on the motion for summary judgment, pursuant to FED. R. CIV. P. 56, of Plaintiffs G.N. and S.N., on behalf of their minor child, J.N. (collectively, "Plaintiffs"). For the reasons set forth below, the motion will be DENIED.
This Individuals with Disabilities Education Act ("IDEA") case arises from the school placement of Plaintiff J.N., a minor, for the 2004-2005 academic year. Plaintiffs G.N. and S.N. (collectively with J.N., "Plaintiffs") brought this case on behalf of J.N. At issue is the Individual Education Program ("IEP") developed for J.N.
Congress created the IDEA "to ensure that all children with disabilities have available to them a free appropriate public education" and "to ensure that the rights of children with disabilities and [their] parents . are protected." 20 U.S.C. §§ 1400 (d) (1) (A) and (B).
At the time of this opinion, J.N. is enrolled as a ninth grade student in the Chatham School District in New Jersey. J.N. and her parents are not domiciled in Livingston, and J.N. has not attended classes within the Livingston Public School District since the sixth grade (the 2003-2004 school year).
In her final determination, ALJ Robinson found that "the annual goals and the objective short-term benchmarks by which progress is measured, evaluated [,] and reported has been included in the IEP." (ALJ Opinion 34.) This Court disagrees with ALJ Robinson's finding.
"Any party aggrieved by a placement decision may bring suit in a state court of competent jurisdiction or a federal district Court." Shore Regional High School Bd. of Educ. v. P.S., 381 F.3d 194, 199 (3d Cir. 2004); see 20 U.S.C. § 1415 (i) (2).
Plaintiffs set forth several arguments in support of their contention that Defendant failed to provide J.N. with a FAPE.
LPS elementary school students celebrated the 100th Day of School last week! See pics here!
The NJ Department of Health updated COVID-19 quarantine and contact tracing guidelines for schools on January 19, 2022. Please notice (highlighted on page 11) that the new guidelines require that children 12 years old and older must have had a booster shot to avoid being quarantined as a close contact.
In this NEW episode of "Around the Block," LPS Superintendent Dr. Matthew J. Block interviews Heritage Middle School technology teacher Ken Zushma, who recently earned an international award for technology educators!
Now that LPS parents and staff members are completing the LPS COVID-19 Reporting Form to report COVID-19 symptoms and positive tests, we can provide daily updates for each school. Click here to view the daily summary.
LPS is proud to present a series of FREE workshops to help parents/caregivers support their children's academic and social-emotional wellbeing. View the schedule here!
Please visit our ONLINE NEW STUDENT REMOTE REGISTRATION website for details on how to enroll your child in Livingston Public Schools.
During a special ceremony, Livingston High School’s National Merit Scholarship Semifinalists presented books to teachers who had the biggest impact on each of their lives. View photos here!