school law

Client: Florence Township Board of Education 

Court: Office of Administration Law

Trial Attorneys: Joseph F. Betley, Esq. and Sanmathi (Sanu) Dev, Esq.

**Results may vary depending on your particular facts and legal circumstances**

A parent of a preschool student eligible for special education services, filed a due process petition contending the District denied a free and appropriate education (FAPE) as required under the IDEA because speech therapy was not part of the student’s IEPs. The matter was transferred to the OAL as a contested case.

After testimony and considerable evaluation, the Administrative Law Judge (ALJ) determined that the student was not eligible for speech therapy. The District implemented a program and placement that was reasonably calculated to provide the student with significant learning and meaningful educational benefits considering his individual needs and potential. The ALJ denied the parent’s request that the District provide speech therapy and dismissed the due process petition.

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.”

Client: Board of Education of the Township of Lacey 

Court: New Jersey Commissioner of Education 

Trial Attorney: Geoffrey N. Stark, Esq. and Sanmathi Dev, Esq. 

**Results may vary depending on your particular facts and legal circumstances**

Petitioner, the mother of a high school student, appealed on behalf of her child, B.C., a decision of the Lacey Township Board of Education which found B.C. responsible for a violation of the school district’s Harassment, Intimidation, and Bullying (“HIB”) policy.  The matter involved an interaction between B.C. and a transgender classmate in the boys’ bathroom, where B.C. remarked that “girls should not be allowed in the boys’ bathroom.”  Following an investigation by the school’s anti-bullying specialist, the Board determined that B.C.’s conduct did constitute a HIB violation.

On appeal to the Commissioner, the mother argued that B.C. was simply stating an opinion, and that he had not meant for the classmate to hear the comment.  Because both B.C. and his mother admitted that B.C. had made the offending comment, the Board moved for summary decision.  Upon reviewing the record the ALJ granted the motion, finding there was no question that the comment had been made, and that it was reasonably perceived as motivated by the classmate’s gender identity, which is a protected characteristic under the Anti-Bullying Act.  Therefore, the Board acted reasonably in determining that B.C.’s actions were a violation of the HIB policy.  Accordingly, the ALJ granted the Board’s motion and dismissed the Petition.

Upon review, the Commissioner concurred with the ALJ’s reasoning an adopted the Initial Decision as the Final Decision in this matter.

Client: Franklin Township Board of Education

Court: Office of Administrative Law

Brief Attorney: Lauren E. Tedesco, Esq.

Trial Attorney: Sanmathi (Sanu) Dev, Esq.

**Results may vary depending on your particular facts and legal circumstances**

The school district sought emergent relief for the removal of a special education student to an interim alternative educational placement due to dangerousness. Parents opposed and contended that the child remain in the general education setting. Judge Catherine A. Tuohy concluded that the school district met all of the elements for emergent relief and placed the student on home instruction pending the outcome of an underlying due process petition.

Client: Washington Township Board of Education

Court: Tenure Arbitration Hearing 

Brief Attorney: Joseph F. Betley, Esq.

Trial Attorney: Joseph F. Betley, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Tenure charges against Gregory Janicki, a High School Music Teacher, were successfully prosecuted by the Washington Township Board of Education. In an award issued on August 31, 2021 Arbitrator Gary Kendellen sustained several charges against Mr. Janicki and ordered that he be removed from his teaching position with the District. As the Board Solicitor, Mr. Betley established that Mr. Janicki engaged in a pattern of intolerance and antagonism against individuals based on their sexual orientation as well as their gender identity and expression. The District showed that Mr. Janicki surreptitiously distributed a document at the High School main office that was offensive to the LGBTQ community, and lied about it when school officials investigated the incident. The evidence also supported the charge that Mr. Janicki had a pattern of intentional misrepresentations to administrators during investigations of misconduct. Finally, the arbitrator sustained the charge that Mr. Janicki intentionally recorded a private conversation that Mr. Betley had with administration regarding the underlying investigation. The District sustained its burden that the unbecoming conduct justified Mr. Janicki’s dismissal as a tenured teacher.

Mr. Betley expresses his thanks and appreciation to the administrative staff and teachers who testified truthfully and courageously at the arbitration hearing.

Client: Washington Township Board of Education

Court: Office of Administrative Law

Brief Attorney:  Sanmathi (Sanu) Dev, Esq.

**Results may vary depending on your particular facts and legal circumstances**

The petitioner, who sought the removal of manifestation determinations in her child’s file, failed to appear at a scheduled due process hearing on the matter. The petitioner subsequently requested the petition be withdrawn, and the Board requested that it be withdrawn with prejudice. The petitioner, wishing to retain the right to refile or seek alternate measures in the future, requested that it be with withdrawn without prejudice. The Board successfully argued that the case be dismissed with prejudice. The ALJ ruled that the petitioner’s actions and writings supported her intent to abandon the matter and ruled the matter to be withdrawn with prejudice.

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