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9 N.J.A.R. 190

P., R. and P. E., Parents of J.P., Ad Litem for J.P.v. Newark Board of Education, City of
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Citation: 9 N.J.A.R. 190
Decision Date: 1986
Agency: DIVISION OF SPECIAL EDUCATION
Synopsis: Petitoner sought private school placement for their son, a seven year old who had been classified as emotionally disturbed. The administrative law judge assigned to the case determined that a self-contained, age appropriate, emotionally disturbed placement in respondent's school system was the appropriate placement for the child. The determination was based upon the judge's findings that the child required an education program in a structured setting providing individualized instruction which would develop basic skills, social skills, self-confidence and individual activity. In addition, such a pro- gram was to provide speech therapy and instruction in English as a second language. The judge found that there was an available and appropriate placement within the neighborhood in which the child lived, that is, a current class for the emotionally disturbed, age ap- propriate, in which he could be provided speech therapy and English as a second language. In addition, the judge found that respondent's obligation under the Education Of All Handicapped Children Act, 20 U.S.C. S1401, et seq. is to provide personalized instruction with sufficient support services to enable the handicapped child to benefit educationally from that instruction. 'The Basic Floor of Opportunity' provided by the act consists of access to specialized instruction and related services which are individually designed to provide educational benefits to the handicapped child. Finding that no evidence had been presented to him to demon- strate the inappropriateness of this placement, the judge ordered placement of the child in the local program. State of New Jersey 191 R.P.v. Newark Bd. of Educ. Rafael Jimenez-Santiago, Esq., for petitioners (Ramon A. Irizarry, attorney) Charles I. Auffant, Associate Counsel, for respondent (Vickie A. Donaldson, General Counsel)
Citation Tracker rejected-Dept. of Health; affirmed -App. Div., A-213-85, 4/20/87 (unreported) [Updated through 1991]