Bruden of Proof at Due Process Hearings in Special Education

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The Right To A Special Education in New Jersey; A Guide For Advocates; Second Edition 2008 by the Education Law Center Internet Link: http://www.edlawcenter.org/assets/files/pdfs/publications/Rights_SpecialEducation_Guide.pdf Quote From Page 35…. Burden of Proof at Due Process Hearings School districts in all due process … Continued

NJ Provision of Special Education

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the Education Law Center

Internet Link: http://www.edlawcenter.org/

Significant Cases

M.A. v. Newark Public Schools

In 2001, ELC with co-counsel Gibbons Del Deo, filed a class action lawsuit against Newark Public Schools and the New Jersey Department of Education, alleging that Newark and the State failed to identify, locate, refer and evaluate students with disabilities for special education services, failed to provide these students with appropriate special education services, and failed to provide “compensatory education” for the deprived services. The complaint also charged the State with failure to monitor school districts and failure to provide appropriate relief in response to special education complaint investigation requests. [Docket No. 01-cv-3389 (US District Court for the District of NJ) Docket No. 02-1799 (US Court of Appeals for the Third Circuit)]