Special
Education & Residential Services
by
Herbert D. Hinkle, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Under certain
circumstances, local school districts can be responsible for the cost
of a residential placement. A case recently litigated by this office
illustrates this point. J.M. v. Stroudsburg Area School District,
involved a 13 year old pupil with an attention deficit disorder, later
diagnosed as a pervasive developmental disorder. For several years
leading up to seventh grade, J.M.'s behavior deteriorated at home,
and to a lesser degree, in school, along with his ability to organize
his work and attend to task. Social skills also deteriorated.
Eventually, the
family concluded that in order to learn the skills necessary to succeed
in school and eventually in adult life, J.M. required a residential
school. When the district failed to make a placement, the family unilaterally
placed J.M. at Devereux GlenHolme in Connecticut. While at Devereux
GlenHolme, J.M. made significant progress in all domains.
Following a hearing
and review by the Special Education Appeals Panel, the Commonwealth
Court held that J.M. required residential services in order to receive
an appropriate education. In ordering the District to reimburse the
family for the cost of placement, the Court rejected the District's
argument that it could not be ordered to place J.M. out-of-state in
a non-approved school. According to the Court, when the District failed
to provide J.M. with an appropriate education, it became responsible
to reimburse the family for the services it provided to J.M. once
it was proven those services were necessary. The Court also ordered
the District to provide J.M. with an additional year of services as
compensatory education.
The Court based
its ruling on the federal Individuals with Disabilities Education
Act. Therefore, the decision is relevant in not only Pennsylvania
but in all states.
Copyright 1998
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
