Mandatory
After-School Services
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
In May 2001, a
New Jersey administrative law judge ruled that under federal law a
school district must provide after-school services to a child with
disabilities because it provides such services to non-handicapped
children. S.A. v. Monroe Twp. BOE, (OAL Docket No. EDS 331-00).
Because the decision was based on federal law, it is relevant to children
in Pennsylvania and in all other states.
S.A. is a nine-year-old
child with autism who was placed by his school district in a private
out-of-district school. S.A.'s parents approached the District about
the availability of after-school services and were told none were
available. The parents then provided services at their own expense.
Later, by chance, they learned that the District offered after-school
services to children who needed extra help reaching grade level in
math and reading.
The parents sued
under a federal anti-discrimination law known as Section 504 (29 U.S.C.A.
¤794(a)), seeking future services and reimbursement for the cost of
past services. The Court ruled that whenever a District voluntarily
provides services it must offer them to handicapped children or provide
the alternative services necessary for meaningful enjoyment. The Court
also found that the District had an affirmative obligation to tell
the parents about the availability of after-school services; therefore,
it did not matter when the parents actually requested services. Finally,
the Court rejected the undue hardship argument.
The Court awarded
the parents reimbursement for the services they provided, including
reimbursement for transportation. (The District is also liable for
reimbursement of attorney fees under Section 504.) As of this writing,
it is anticipated that the issue of future services will be settled.
Copyright 2001
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.
