Borough Of Palmyra Board Of Education v. F.C.

2 F.Supp.2d 637 (N.J. 1998)

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Nature of the Case

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Facts

F.C. is a 15-year-old student who has been diagnosed with ADHD. The Board (P) informed his parents that their son was not eligible for special education services under IDEA. P did not inform the parents that their son might be eligible for special services under 29 U.S.C. 794 until June 1994. In April 1995, P produced a written Section 504 plan for F.C. The parents alleged that the plan failed to address F.C’s unique academic and affective disorders and that the plan was never fully implemented by P. The parents sought an administrative hearing before the New Jersey Department of Education in October 1996. The parents placed him in a preparatory school for educationally handicapped students in February 1997. The matter was transferred to the New Jersey Office of Administrative Law, which was responsible for conducting hearings for contested issues under Section 504. The ALJ issued its ruling concluding that P had failed to provide F.C. with a free appropriate education as required under Section 504. The ruling also found that because the plan for F.C. was seriously deficient that the parents were entitled under 34 C.F.R. 104.33 to enroll F.C. in the Hill Top School. The ALJ then ordered P to reimburse the parents for the costs of F.C.’s private school costs from the time of his enrollment until P offers F.C. a free appropriate education, consistent with Section 504 requirements. P filed suit, and F.C. moved for a preliminary injunction to order P to comply with the ALJ’s decision. The court found that F.C. has established the likelihood of success on the merits and the probability of future irreparable harm to F.C and that it would be in the interest of the public to grant the preliminary injunction. The court next addresses the requirement of a bond.