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. 

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 4, 2017  – High Risk to High Potential: Transition Challenges for Students with ADHD and LD.

Robert M. Tudisco, Esq., will present, in collaboration with Smart Kids with Learning Disabilities, on High Risk to High Potential: Transition Challenges for Students with ADHD and LD on April 4, at 7:00pm

Date/Time: April 4, 2017, 7:00pm

Location: Westport Library, 20 Jesup Rd, Westport, CT

April 6, 2017 – Special Education Reconsidered

Lori M. Gaines, Esq., will present an interactive conversation about the Endrew F. v. Douglas County School District case, the arguments made for and against imposing a greater obligation on school districts to provide more than the minimum educational benefit to students with disabilities, and the potential impact of the Supreme Court’s decision on the climate of special education across the United States on April 6, 2017, at 7:00pm

Date/Time: April 6, 2017, 7:00pm

Location: Monmouth University, Wilson Hall, 400 Cedar Ave, West Long Branch, NJ 07764