Special Education Litigation

Special Education is one of the most complex and difficult areas of the law. Effective representation of school districts in due process cases requires not only expertise in the I.D.E.A. and Section 504 but it also requires an understanding of the individual disabilities that are at the heart of every IEP. Our representation includes providing daily advice on meeting every disabled student's unique needs and ensuring that every IEP that the District offers provides a Free and Appropriate Public Education.  This representation sometimes includes appearing at IEP meetings and trainings of District staff to reinforce the legal requirements that must be met for every student.  Our daily guidance and trainings allow school districts to avoid most litigation or, when a due process petition is inevitable, to be well positioned to defend its IEPs.

For those matters where a due process petition is inevitable, we are prepared to represent our clients through every phase of litigation.  From the initial mediation, to the settlement conference, and through every facet of a due process petition before the Office of Administrative Law and beyond, our clients receive unparalleded legal advice.  Make no mistake, there is no harder and more intense litigation in the nation than due process hearings regarding the education of disabled students.  Because of the impact this litigation has on students and schools, both educationally and financially, school districts must be well positioned to have provided its students with a Free and Appropriate Public Education and to have able counsel to articulate how the school district provided that education to its students.   

Because our attorneys have handled thousands of due process petitions for well over 100 school districts over the course of the last decade and have appeared before the Office of Administrative Law, District Court of New Jersey, Third Circuit Court of Appeals, and even Supreme Court of the United States on behalf of school districts in due process petitions, we can confidently state that we offer the finest representation in special education matters in New Jersey.

Attorneys

Brett Gorman

William Morlok

Sara Kulp