New Jersey (908) 242-3635 | New York (914) 902-5918 | Michigan (248) 469-4920 info@bargergaines.com
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

149 Avenue At The Common, Suite 1
Shrewsbury, NJ 07702


Michigan | (248) 469-4920

39572 Woodward Avenue, Suite 201
Bloomfield Hills, MI 48304

info@bargergaines.com

When Bullying Factors Into a Claim for Denial of FAPE – By Alison Morris

Bullying is on the rise, and students with disabilities are often victims of bullying.  As a result of bullying – and the failure of districts to take affirmative steps to stop or prevent the bullying – students eligible for special education and related services may be denied a free and appropriate public education (FAPE). In order to determine whether the bullying of a student with a disability is grounds for a denial of FAPE claim under the Individuals with Disabilities Education Act (IDEA), three factors must be present:

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Repeated Goals on IEPs and Endrew F.- A FAPE Denial or Not by Alison Morris

In Endrew F. v. Douglas County School District RE-1, 137 S. Ct. 988 (2017), the Supreme Court stated “Endrew’s IEPs largely carried over the same basic goals and objectives from one year to the next, indicating that he was failing to make meaningful progress toward his aims.” Id. at 996.  This sentence could be grounds to claim that a District simply repeating the same goals year after year is a FAPE denial, and seen as evidence of a District failing to create “an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Id. at 999.

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A Day in the Life of A Child With Slow Processing Speed – Understood.org

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B&G Opens Michigan Office

Special Education Law Firm Barger & Gaines Opens Michigan Office


Colorado District Rules in Endrew F. Case

On February 12, 2018, the Honorable Lewis T. Babcock, U.S.D.J. issued a decision in the matter of Endrew F. v. Douglas Cty. Sch. Dist. RE 1.  As is well-know, the United States Supreme Court ruled on the Endrew F. matter in March 2017 and remanded the case to the 10th Circuit.   https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf

The 10th Circuit remanded the cases to the United District Court for the District of Colorado for further proceedings, and Judge Babcock issued a decision in favor of the Petitioners.

Judge Babcock’s decision can be found here:  http://c.ymcdn.com/sites/www.copaa.org/
resource/resmgr/docs/2018_Documents/
Endrew2018.02.12.Opinion_and.pdf

In relevant part, Judge Babcock ruled:

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