Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, November 24, 2014

J.T., ET AL. VS. DUMONT PUBLIC SCHOOLS, ET AL. A-2424-12T1


J.T., ET AL. VS. DUMONT PUBLIC SCHOOLS, ET AL.
          A-2424-12T1
We considered an appeal brought under the New Jersey Law against Discrimination by the parent of a child receiving special education and related services. The parent claimed that the child had a right under the LAD to attend his or her neighborhood school even when the child's special education placement provided an appropriate education pursuant to the Individuals with Disabilities Education Act. We determined, based upon cases brought under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, that the program or benefit a school district must provide to a special education child is a free and appropriate public education. We preclude the isolation of specific components of an Individual Education Plan, such as neighborhood placement or mode of transportation, as separate benefits under the LAD.