Schools

Families of Special Ed Students Sue Summit Schools

Parents of three students claim district has failed to adequately provide for their children.

The families of three special education students are suing the school district and its board of education over allegations Summit failed to adequately provide for their students, whether through in-school education or alternative programs. 

The three separate suits, filed in U.S. District Court and supplied to Patch, detail the frustrations of families with students currently in the district in regards to Summit's educational programs and policies and demand resolution. 

In one case, the family of a 10-year-old autistic student claim the district failed to reimburse them in a timely manor for the costs associated with educating their child at an out-of-district, state-approved school.

According to the suit, the board failed to uphold the terms of a settlement entered during a previous mediation by not notifying the family of the actual totals and then failing to reimburse them for costs in a timely matter. 

Previously, the family claimed that Summit could not provide their child with a free appropriate public education prior to the start of the 2009-10 school year. As part of the settlement between the family and the district, it was agreed that the child would attend a Paramus-based school that specializes in education for students with autism. The student, identified in court documents as J.B., has been educated at the school since.

In the second case, a family is suing the district for allegedly failing to provide their teenage child with free appropriate public education in a least restrictive environment. The suit also seeks to overturn a previous court decision barring the family from bringing a claim against the district concerning unilateral placement after it was ruled the family failed to notify the district in writing. 

According to the suit, the family is hoping to continue having the 17-year-old student educated at an all-girls boarding school, and not at one of several alternative sites proposed by Summit. 

The suit is also asking for the district to cover the cost of the boarding school.

Finally, an amended counterclaim was filed by a family that asserts an individual educational program developed for their special needs student by the district failed to adequately meet his needs. The suit seeks to not only invalidate the program, but to see the district reimburse the family for the cost of educating the student in a private school. 

A phone call to the district seeking comment was not immediately returned on Monday.


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