Education Law
Mandelbaum Barrett PC’s Education Law Practice Group understands the needs of families and students and advocates for them on a full range of education law issues.
The services the Firm provides are customized to the unique individual needs of each family. Listed below are some of the areas in which our Firm offers representation and counsel to parents and their children.
Mandelbaum Barrett PC’s Education Law attorneys protect the legal and civil rights of students with disabilities. Your special needs child is legally entitled to a free appropriate public education (FAPE) with individually tailored services and accommodations to meaningfully benefit from his or her educational program in the least restrictive environment (LRE). But what happens when your special needs child is not progressing in his or her program or needs more class support? What happens when the school district decides to take services away from your child? What happens when the school is not following your child’s Individualized Education Program (IEP)? What happens when your special needs child is disciplined for conduct related to his or her disability? The school district may make decisions that you do not agree with and you may not know what your legal rights are and what resources available to you and your child. If that’s the case, you need help from a special education attorney. Let us help. Our services include:
- Reviewing educational records, including evaluations, IEPs, and Section 504 plans.
- Consultation regarding student discipline procedures pertaining to disabled students.
- Advocacy at mediations and due process hearings.
- Attending IEP meetings.
- Consultation and advice about identification and classification, procedural safeguards, program and placement options, compensatory education, extended school year, related services, and independent evaluations.
- Planning strategy, settlement negotiations, judicial enforcement of settlements and orders, and obtaining attorneys’ fees awards following due process hearings.
Bullying not only has a serious impact on the psychological wellbeing of a bullied student, it profoundly interferes with a student’s ability to learn, which, in turn, undermines a student’s civil right to receive from the public school a “free, appropriate public education” (FAPE). Bullying can take many forms and, with the high prevalence of social media, it can enter every aspect of a student’s life, even when the student is away from the school environment. This is why it is important to protect students and address such occurrences swiftly and effectively.
New Jersey’s Anti-Bullying Bill of Rights Act requires each public school district to adopt a policy prohibiting “harassment, intimidation and bullying” (known as HIB) of a student on school property, at school-sponsored functions and on the school bus. The school district’s policy must include a definition of HIB, a procedure for reporting and investigating an act of HIB, as well as the consequences and appropriate remedial action for anyone who commits an act of HIB. This law not only prohibits acts of HIB committed by students, but also by adults, including teachers and school administrators.
HIB is defined by the Act to mean “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, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic . . . , that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student’s property or placing a student in reasonable fear of physical or emotional harm to his or her person or damage to his or her property; has the effect of insulting or demeaning any student or group of students; or creates a hostile educational environment for a student by interfering with the student’s education or by severely or pervasively causing physical or emotional harm to the student.”
Despite New Jersey’s stringent anti-HIB statute’s requirements for schools, not every school effectively resolves HIB conduct and, consequently, parents need legal help to ensure their child’s wellbeing and rights are being protected. Other times, students are unfairly and incorrectly deemed by their school to have committed an act of HIB. Mandelbaum Barrett PC’s Education Law attorneys compassionately guide parents and their child through every step of the anti-HIB enforcement process, from the initial grievance, investigation and communications with the school to implement remedial interim protections, to the appeals process before the school board, Department of Education and other appeal tribunals.
Every New Jersey school district must have a written code of conduct or student handbook. Students have certain Constitutional due process rights, including being given advance notice of conduct that may result in suspension or expulsion, the right to appeal disciplinary action, access to an alternate educational program, access to behavioral support services and a referral for child study team evaluation (if not already in special education). Students who receive special education pursuant to an Individualized Education Program (IEP), have different rights regarding the consequences of their actions.
Mandelbaum Barrett PC is committed to finding amicable solutions to disciplinary issues your child may be facing. Our Education Law attorneys can accompany you to disciplinary hearings and communicate with the school to ensure that your child’s interests and rights are protected.
- Rescheduling classes to an accessible location;
- Using early enrollment options for students with disabilities to allow time to arrange accommodations;
- Substituting specific courses required for completion of degree requirements;
- Allowing service animals in the classroom;
- Providing students with disabilities with a syllabus prior to the beginning of class; clearly communicating course requirements, assignments, due dates, grading criteria both orally and in written form;
- Providing written outlines or summaries of class lectures, or integrating this information into comments at the beginning and end of class;
- Allowing students to use note takers or record lectures; and
- Allowing students with disabilities, whose disability prevents them from taking a full-time course load, to qualify for financial aid.
Arla D. Cahill, Esq. honored with the 2023 Outstanding Faculty Award by the National Business Institute (NBI)
May 2, 2024
Congratulations to Arla D. Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett PC, on being honored with the 2023 Outstanding Faculty Award by the National Business Institute (NBI, Inc.). Arla’s dedication and expertise have consistently shone through as she serves as a frequent presenter for NBI. This prestigious award recognizes her […]
Partner Arla Cahill, Esq. has been appointed to the New Jersey State Bar Association School Law Special Committee
June 28, 2023
Congratulations to Mandelbaum Barrett PC Chair of Education Law, Arla D. Cahill, Esq. who has been appointed to the New Jersey State Bar Association School Law Special Committee. The appointment of members to the NJSBA’s special committees is made by the NJSBA President. The mission of the School Law Special Committee is to monitor developments in education law, provide updates of […]
Arla Cahill to present NBI online seminar titled “Special Education Law: The Ultimate Guide”
March 1, 2023
Arla D. Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett PC will be presenting a live online seminar for National Business Institute (NBI, Inc.) on May 16th, 2023 titled “Special Education Law: The Ultimate Guide.” Special education legal issues can be confusing for school personnel and attorneys alike. This […]
Arla Cahill Interviewed on Jersey Matters to Talk about Legal Remedies for School Bullying
November 25, 2019
Parents have legal remedies against bullying in schools on behalf of their children. Hear what Mandelbaum Barrett PC's Education Law Chair Arla Cahill has to say about New Jersey's Anti-Bullying Bill of Rights Act on a recent episode of Jersey Matters with Larry Mendte.
Straightforward Special Ed: Understanding 504 vs IDEA – Key Differences in Education Law
November 7, 2024
In this episode of Straightforward Special Ed, Arla D. Cahill, Esq., Chair of Education Law at Mandelbaum Barrett PC, breaks down one of the most frequently asked questions by parents: What’s the difference between Section 504 and IDEA (the Individuals with Disabilities Education Act)? Arla explains how these two critical laws affect special education services, […]
Elder Law and Special Needs Newsletter: November 2024 Issue
November 5, 2024
The November Elder Law & Special Needs Newsletter is Here! Check out our latest edition! In this issue, our attorneys cover essential topics like Medicare Open Enrollment, which is happening now, and discuss new rules for senior drivers. Plus, get the scoop on the latest firm news and see what our attorneys have been up […]
Top Back-to-School Tips Every Parent Needs to Know
September 10, 2024
In her Back-to-School Vlog, Arla Cahill, Esq., Chair of Education Law and Co-Chair of Special Needs at Mandelbaum Barrett PC, shares essential tips for parents as the new school year kicks off! ✅ Review emergency contact and medical information with the school. ✅ For students with IEPs, talk to teachers and case managers to ensure […]
Finding the Right Fit: What Parents of Intellectually and Developmentally Disabled Students Should Know When Researching Post-Secondary School Learning Environments
May 3, 2023
For many students who are classified in the public school as having an educational disability under the Individuals with Disabilities Education Act, the difference between the educational supports provided in high school and the college or other post-secondary learning environment can be significant. A major difference is that, in high school, a classified student has […]
Recent Landmark Decision by the U.S. Supreme Court Opens Doors for Special Education Students’ ADA and Section 504 Discrimination Claims for Compensatory Damages Without Prior Administrative Exhaustion Requirement
April 25, 2023
On March 21, 2023, the U.S. Supreme Court ruled unanimously in Perez v. Sturgis Public Schools that a special education student and his parents could pursue their claims for money damages under the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) against a public school district without first having to exhaust their administrative remedies under the Individuals With Disabilities Education Act (IDEA).
The Impact of COVID-19 on the Delivery of Public Education in New Jersey
March 18, 2020
March 18, 2020 By Arla D. Cahill On March 16, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 104, which, among other things, ordered the closure of every public, private and parochial school in the State as of March 18, 2020. Many parents may have questions about whether missed time from school due […]
Disabled Students' Rights under Anti-Bullying Laws
January 8, 2018
January 8, 2018 By Arla D. Cahill A 2009 study by the U.S. Departments of Justice and Education, “Indicators of School Crime and Safety,” reported that 32% of students aged 12 through 18 were bullied in the previous school year. The study reported that 25% of the responding public schools indicated that bullying was a […]
Court Decides What Level of Educational Benefit Schools Must Deliver to Educationally Disabled Students
April 6, 2017
April 6, 2017 By Arla D. Cahill and Brian M. Block On March 22, 2017, the U.S. Supreme Court issued its highly anticipated decision in Endrew F. v. Douglas County School District. The case posed the following question: what is the level of educational benefit that school districts must confer on children with disabilities to […]
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.
Managing Abandoned Tenant Personal Property: A Comprehensive Guide for Landlords
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Partner and Chair Michael A. Saffer, Partner Ryan M. Buehler, and Associate Marlene M. Arabia were prominently featured in Issue 4 of the New Jersey Apartment Association’s Apartment Industry Magazine, representing the Landlord-Tenant practice group at Mandelbaum Barrett PC. The piece titled “What Can I Do With All the Personal Property My Tenant Left Behind?” […]
Enhance Your Cybersecurity: Join CIO Tom Brennan at the NYC 2024 Joint Cyber Security Conference
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On September 26th, 2024, join Tom Brennan, Chief Information Officer of Mandelbaum Barrett PC, at the NYC 2024 Joint Cyber Security Conference. Held at the Microsoft Technology Center in Times Square, this conference offers an opportunity to discover the Center for Internet Security (CIS) Version 8 Controls. Tom will provide practical insights on implementing these […]
Unlock Your Business’s Future: Join Our Exit Strategies Seminar on September 18th
August 16, 2024
Great News for Business Owners! We’re excited to bring back our highly anticipated “Exit Strategies for Business Owners” seminar on September 18, 2024, at Il Tulipano in Cedar Grove, NJ! Come learn from industry experts and successful business owners who will be sharing their experiences and advice on selling a business. This seminar is a […]
Diverse Clients, Diverse Needs: IP Law Across Industries
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Touchdown on IP: The Legal Playbook for Upcycling in Fashion
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In the evolving world of fashion, upcycling has sparked a revolution, blending creativity with sustainability. However, as consumers flock to these unique products, complex IP challenges emerge. Lucian C. Chen and Karen Chen explore these legal intricacies, offering vital guidance on navigating licenses, consumer perceptions, and brand integrity in this burgeoning industry.
Exploitation of Power of Attorney: Agent Blocking Family Access to Nursing Home Resident
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In their latest vlog, Mandelbaum Barrett PC Elder Law attorneys, Donald Dennison, Esq. and Dan Stone, Esq. discuss the implications of a Power of Attorney agent weaponizing the document to prevent well-meaning family members from visiting a nursing home resident.
What New Jersey Taxpayers Need to Know About Partnership Income Reporting
May 24, 2024
Staying informed about updates in tax regulations is vital for taxpayers to fulfill their obligations accurately. The recent update from the New Jersey Division of Taxation regarding the reporting of income from partnerships underscores the importance of staying abreast of state-specific requirements. By adhering to these guidelines and seeking professional assistance when needed, taxpayers can effectively navigate partnership income reporting in New Jersey and maintain compliance with state tax laws.
Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?
November 20, 2023
Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]
Going Green and Staying Out of Legal Trouble: The Art of Green Marketing
November 17, 2023
In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]
Client Alert: Corporate Transparency Act
November 16, 2023
On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]
Your Health, Your Choice: A Guide to Medicare Open Enrollment
November 7, 2023
The Medicare open enrollment period runs through December 7th, 2023. Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]
Three Major Differences Between Recourse and Non-Recourse Loans
November 1, 2023
Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]
Chris Zona: Becoming a Trial Attorney
October 30, 2023
Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.
Navigating Back-to-School Safety: Preventing the Most Common Injuries
August 13, 2023
As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.
Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal
June 26, 2023
Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]
Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices
June 22, 2023
Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]
Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended
March 23, 2023
As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]
Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care
July 6, 2022
Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]
Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements
July 5, 2022
Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]
The Tax Consequences of Selling a House After the Death of a Spouse
July 5, 2022
If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision. The biggest concern when selling property is capital gains taxes. A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]
WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?
July 5, 2022
AAML is a national organization with chapters in most states. There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey. Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]
Spring 2022 Vet Law Newsletter
March 24, 2022
Momentum: Our Year in Review
March 24, 2022
