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AREAS OF PRACTICE

Barger & Gaines offers services to clients who are having issues with school districts in New York and New Jersey. The attorneys at Barger & Gaines have extensive experience in education law and in handling a variety of matters, including, but not limited to, special education law, bullying, student discipline, discrimination, tenure, guardianship and special needs planning. Our areas of practice include:

 


Special Education Law

Every child with a recognized disability, such as autism, emotional disturbance, hearing, speech/language, and/or visual impairments, developmental disability or intellectual disability, orthopedic (physical) impairments, other health needs, and specific learning disabilities, has the right to a free and appropriate public education equal in quality to that provided to their non-disabled peers. Regrettably, many students with special needs are denied this basic right.

For children with special needs, a local school district must provide an education – and related services – without cost to the student or the student’s family. If your child is among those whose needs are not being met by your local school district, an experienced education lawyer can provide the representation both you and your child need to achieve the necessary goals.

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Guardianship

Guardianship is an important legal protection for children with special needs and should be considered by parents of children with disabilities as their children approach the age of majority or in the state of New Jersey, 18 years old.

The process of seeking Guardianship is a legal one that requires involvement of the Court System. Courts consider requests for Guardianship seriously, as we are asking the Court to remove the adult rights from an individual. Such removal is a serious determination and one that must not be entered into lightly. The process of obtaining Guardianship is therefore an intricate one that requires the one-on-one attention of an attorney.

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Anti-Bullying

Now more than ever, bullying has become a major issue in our school systems. In September 2011, New Jersey’s Anti-Bullying Law took effect, providing protection for students who have been victims of harassment, intimidation, and bullying.

Harassment, Intimidation, or Bullying (HIB)

HIB is defined as 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…

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