New Jersey: (908) 242-3635 | New York: (914) 902-5918 |
Attorneys working with families in a wide range of legal matters such as estate planning, employment discrimination, and civil rights complaints, with a special focus on Special Education disputes, and advocacy including claims under the Individuals with Disabilities Education Act (“IDEA”), and Section 504 of the Rehabilitation Act of 1973, as well as in disciplinary matters, arrests, criminal prosecution of students, bullying claims, guardianship & special needs planning.  Barger & Gaines also represents families in Real Estate transactions.

New York | (914) 902-5918

830 South Broadway
Tarrytown, NY 10591

New Jersey | (908) 242-3635

555 Route 1 South, Suite 340
Iselin, NJ 08830


The Public School District’s Legal Obligation and the Matter of Endrew F. v. Douglas County School District

by Paul N. Barger, Esq. 

Note: Link to the Facebook live stream of “Special Education Reconsidered” (including discussion of The Supreme Court decision on Endrew F v Douglas County) by Lori M. Gaines, Esq., at the end of this article.  

Clients and colleagues often ask us to explain exactly what a public school district’s legal obligation is to students eligible for special education and related services.  It is difficult to answer that question as states have different standards, and since federal judges, in multiple jurisdictions, have offered varied interpretations of those students.

The United States Supreme Court recently heard arguments on this very issue In the Matter of Endrew F. v. Douglas County School District.  The Court’s difficult charge in that case is to determine if public entities are required to offer and provide eligible students with an education that allows for significant progress equal to that of typical children, or whether the district’s obligation is merely to offer a program that allows for some gains.

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Upcoming Events

April 23, 2017 – Special Needs Expo – Long Island

Barger & Gaines will be at Special Needs Expo at Long Island Hilton on April 23rd, from 11am to 4pm.

Date/Time: April 23, 2017 from 11am to 4pm

Location: Long Island Hilton – 598 Broad Hollow Road, Melville, NY

April 29, 2017 – Facets of Dyslexia Annual Conference

Barger & Gaines will be a co-sponsor of the Fourth Annual Dyslexia and Language-Based Learning Disabilities Conference on Saturday, April 29th, from 8:00am-4:00pm.

Date/Time: April 29, 2017, 8:00am to 4:00pm

Location:  Rowan University School of Osteopathic Medicine, Stratford, NJ