who is the attorney for livingston township board of education

by Dereck VonRueden Sr. 5 min read

Rufino "Rudy" Fernandez Jr.

Full Answer

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OPINION

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.

BACKGROUND

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.

I. Individuals With Disabilities Education Act

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).

II. The Facts

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).

III. Disputed Findings of the ALJ

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.

STANDARD OF REVIEW

"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).

DISCUSSION

Plaintiffs set forth several arguments in support of their contention that Defendant failed to provide J.N. with a FAPE.

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NJ Department of Health COVID-19 Update (January 19, 2022)

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.

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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!

LPS COVID-19 Dashboard

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Livingston Parent Learning Series

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New Student Remote Registration

Please visit our ONLINE NEW STUDENT REMOTE REGISTRATION website for details on how to enroll your child in Livingston Public Schools.

National Merit Semifinalists Honor Special Teachers

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!

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