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Education Law

Mandelbaum Barrett PC’s Education Law Practice Group understands the needs of families and students and advocates for them on a full range of education law issues.

The services the Firm provides are customized to the unique individual needs of each family.  Listed below are some of the areas in which our Firm offers representation and counsel to parents and their children.

Mandelbaum Barrett PC’s Education Law attorneys protect the legal and civil rights of students with disabilities.  Your special needs child is legally entitled to a free appropriate public education (FAPE) with individually tailored services and accommodations to meaningfully benefit from his or her educational program in the least restrictive environment (LRE). But what happens when your special needs child is not progressing in his or her program or needs more class support? What happens when the school district decides to take services away from your child? What happens when the school is not following your child’s Individualized Education Program (IEP)? What happens when your special needs child is disciplined for conduct related to his or her disability? The school district may make decisions that you do not agree with and you may not know what your legal rights are and what resources available to you and your child.  If that’s the case, you need help from a special education attorney.  Let us help.  Our services include:

  • Reviewing educational records, including evaluations, IEPs, and Section 504 plans.
  • Consultation regarding student discipline procedures pertaining to disabled students.
  • Advocacy at mediations and due process hearings.
  • Attending IEP meetings.
  • Consultation and advice about identification and classification, procedural safeguards, program and placement options, compensatory education, extended school year, related services, and independent evaluations.
  • Planning strategy, settlement negotiations, judicial enforcement of settlements and orders, and obtaining attorneys’ fees awards following due process hearings.

Bullying not only has a serious impact on the psychological wellbeing of a bullied student, it profoundly interferes with a student’s ability to learn, which, in turn, undermines a student’s civil right to receive from the public school a “free, appropriate public education” (FAPE).  Bullying can take many forms and, with the high prevalence of social media, it can enter every aspect of a student’s life, even when the student is away from the school environment. This is why it is important to protect students and address such occurrences swiftly and effectively.

New Jersey’s Anti-Bullying Bill of Rights Act requires each public school district to adopt a policy prohibiting “harassment, intimidation and bullying” (known as HIB) of a student on school property, at school-sponsored functions and on the school bus. The school district’s policy must include a definition of HIB, a procedure for reporting and investigating an act of HIB, as well as the consequences and appropriate remedial action for anyone who commits an act of HIB. This law not only prohibits acts of HIB committed by students, but also by adults, including teachers and school administrators.

HIB is defined by the Act to mean “any gesture, any written, verbal, or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic . . . , that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student’s property or placing a student in reasonable fear of physical or emotional harm to his or her person or damage to his or her property; has the effect of insulting or demeaning any student or group of students; or creates a hostile educational environment for a student by interfering with the student’s education or by severely or pervasively causing physical or emotional harm to the student.”

Despite New Jersey’s stringent anti-HIB statute’s requirements for schools, not every school effectively resolves HIB conduct and, consequently, parents need legal help to ensure their child’s wellbeing and rights are being protected.  Other times, students are unfairly and incorrectly deemed by their school to have committed an act of HIB.  Mandelbaum Barrett PC’s Education Law attorneys compassionately guide parents and their child through every step of the anti-HIB enforcement process, from the initial grievance, investigation and communications with the school to implement remedial interim protections, to the appeals process before the school board, Department of Education and other appeal tribunals.

Every New Jersey school district must have a written code of conduct or student handbook. Students have certain Constitutional due process rights, including being given advance notice of conduct that may result in suspension or expulsion, the right to appeal disciplinary action, access to an alternate educational program, access to behavioral support services and a referral for child study team evaluation (if not already in special education).  Students who receive special education pursuant to an Individualized Education Program (IEP), have different rights regarding the consequences of their actions.

Mandelbaum Barrett PC is committed to finding amicable solutions to disciplinary issues your child may be facing.  Our Education Law attorneys can accompany you to disciplinary hearings and communicate with the school to ensure that your child’s interests and rights are protected.

Each Fall, many school-age children in New Jersey are not allowed to register for or attend public schools because of disputes about where they live. Many of these students should be permitted to register for school. Some children are mistakenly denied because they are not able to produce written leases, or because they cannot show that their homes have certificates of occupancy. Other children are wrongly denied because of their immigration status. Any child living in New Jersey and between the ages of 5 and 20 has a right to a free appropriate public education (FAPE) (students needing special education services have a right to FAPE from age 3 through 21 years). This includes children who do not have legal immigration status. This also includes children who are unable to provide written leases or show that the apartment where they live complies with local housing laws.
Our Education Law attorneys assist parents and caretakers in addressing residency disputes with their school districts to ensure that their child or ward is not denied the right to FAPE.

Many parents of students with disabilities have learned the basics of the Individuals with Disabilities Education Act (IDEA) as their child progressed through elementary and secondary school settings. However, as students and their families prepare for the transition from secondary programs to postsecondary options, they often find they are less familiar with the legal protections available to them under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.  Because the ADA’s definition of disability differs from that in IDEA, a student who has had special education services in high school will not necessarily be eligible for accommodations in a postsecondary program. Each student’s eligibility to receive accommodations is determined by the postsecondary program on a case-by-case basis based on the ADA’s definition of disability – a physical or mental impairment that substantially limits one or more major life activities.  Often, modifications are rarely substantive or expensive, but post-secondary institutions may not be sensitive to the needs of their disabled members of their student body. Some examples are:
  • Rescheduling classes to an accessible location;
  • Using early enrollment options for students with disabilities to allow time to arrange accommodations;
  • Substituting specific courses required for completion of degree requirements;
  • Allowing service animals in the classroom;
  • Providing students with disabilities with a syllabus prior to the beginning of class; clearly communicating course requirements, assignments, due dates, grading criteria both orally and in written form;
  • Providing written outlines or summaries of class lectures, or integrating this information into comments at the beginning and end of class;
  • Allowing students to use note takers or record lectures; and
  • Allowing students with disabilities, whose disability prevents them from taking a full-time course load, to qualify for financial aid.
Modifications will vary, based on the individual student’s needs. Modifications of policies and practices are not required when they would fundamentally alter the nature of the service, program, or activity.
Our Education Law attorneys provide parents and students with advice and representation to assist them in obtaining the accommodations necessary for each student to succeed in their post-secondary environment.

Partner Arla Cahill, Esq. has been appointed to the New Jersey State Bar Association School Law Special Committee

June 28, 2023

Congratulations to Mandelbaum Barrett PC Chair of Education Law, Arla D. Cahill, Esq. who has been appointed to the New Jersey State Bar Association School Law Special Committee. The appointment of members to the NJSBA’s special committees is made by the NJSBA President. The mission of the School Law Special Committee is to monitor developments in education law, provide updates of […]

Arla Cahill to present NBI online seminar titled “Special Education Law: The Ultimate Guide”

March 1, 2023

Arla D. Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett PC will be presenting a live online seminar for National Business Institute (NBI, Inc.) on May 16th, 2023 titled “Special Education Law: The Ultimate Guide.” Special education legal issues can be confusing for school personnel and attorneys alike. This […]

Arla Cahill Interviewed on Jersey Matters to Talk about Legal Remedies for School Bullying

November 25, 2019

Parents have legal remedies against bullying in schools on behalf of their children. Hear what Mandelbaum Barrett PC's Education Law Chair Arla Cahill has to say about New Jersey's Anti-Bullying Bill of Rights Act on a recent episode of Jersey Matters with Larry Mendte.

Appellate Division Weighs Public Contract Bid Rules in Issue of First Impression

December 5, 2023

On November 30, 2023, the Appellate Division affirmed the Camden County trial court’s decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., holding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for […]

Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?

November 20, 2023

Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

November 17, 2023

In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]

Client Alert: Corporate Transparency Act

November 16, 2023

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]

Your Health, Your Choice: A Guide to Medicare Open Enrollment

November 7, 2023

The Medicare open enrollment period runs through December 7th, 2023.   Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]

Three Major Differences Between Recourse and Non-Recourse Loans

November 1, 2023

Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]

Navigating Back-to-School Safety: Preventing the Most Common Injuries

August 13, 2023

As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.

Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal

June 26, 2023

Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]

Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices

June 22, 2023

Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]

Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended

March 23, 2023

As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]

Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care

July 6, 2022

Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

The Tax Consequences of Selling a House After the Death of a Spouse

July 5, 2022

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision.  The biggest concern when selling property is capital gains taxes.  A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]

WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?

July 5, 2022

AAML is a national organization with chapters in most states.  There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey.  Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]

Spring 2022 Vet Law Newsletter

March 24, 2022

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March 24, 2022

These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.

Appellate Division Weighs Public Contract Bid Rules in Issue of First Impression

December 5, 2023

On November 30, 2023, the Appellate Division affirmed the Camden County trial court’s decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., holding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for […]

Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?

November 20, 2023

Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

November 17, 2023

In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]

Client Alert: Corporate Transparency Act

November 16, 2023

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]

Your Health, Your Choice: A Guide to Medicare Open Enrollment

November 7, 2023

The Medicare open enrollment period runs through December 7th, 2023.   Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]

Three Major Differences Between Recourse and Non-Recourse Loans

November 1, 2023

Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]

Chris Zona: Becoming a Trial Attorney

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Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.

Navigating Back-to-School Safety: Preventing the Most Common Injuries

August 13, 2023

As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.

Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal

June 26, 2023

Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]

Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices

June 22, 2023

Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]

Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended

March 23, 2023

As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]

Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care

July 6, 2022

Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

The Tax Consequences of Selling a House After the Death of a Spouse

July 5, 2022

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision.  The biggest concern when selling property is capital gains taxes.  A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]

WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?

July 5, 2022

AAML is a national organization with chapters in most states.  There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey.  Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]

Spring 2022 Vet Law Newsletter

March 24, 2022

Momentum: Our Year in Review

March 24, 2022

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