Client: Washington Township Board of Education
Court: State of New Jersey Office of Administrative Law
Attorney: Sanmathi Dev, Esq., for respondent
**Results may vary depending on your particular facts and legal circumstances**
In this case, the petitioner, a mother of a child with a disability, sought to have her child remain with the same special education teacher she had over the past four years, asserting that her child progressed and thrived with the teacher and does not cope well with change. Representing the respondent, Washington Township Board of Education (“District”), Sanmathi Dev, Esq., argued the matter be dismissed because there was no legal basis under the Federal Individuals with Disabilities Education Act (“IDEA”) to support the petitioner’s contention that her child remains with the same teacher for the 2022-2023 academic school year.
The ALJ agreed and dismissed the case, finding the District satisfied the requirements of the IDEA by providing the child with personalized instruction and sufficient support services, which permitted them to benefit from the instruction. In the decision, the ALJ emphasized “the District has the discretion and prerogative to select personnel.”
