Legal Question in Education Law in New Jersey

IEP Placement at Temple Pre-school

My 3 1/2 year old is classified pre-school disabled. His IEP calls for placement in a mainstream preschool plus related services: speech/occupational therapy.

Our school district just told me that they can't pay for the tuition as it is a Temple preschool. They paid last summer's tuition, the director said, ''quite frankly, that was a mistake.'' They offered to meet to discuss ''alternate placement''.

An IEP is a contract, and at a minimum it must be upheld until it is changed -- they must at a minimum pay for the tuition to date. Is that correct?

There are non-Jewish kids and staff. Directors are separate from the Temple's religious school. There are holiday celebrations - I have been told that these are not religious curriculum. The preschool is not a separate corporation.

The only prayer is on Fridays - a 10 minute Shabbat celebration.I've also been told that even if there is a portion of religious curriculum (the prayer), the school district still has to pay for the remainder of time.

I have read the NJ Dept of Ed code. I can't find the above info in there, so I assume it's case law.

Alternate placement would be devastating.

Any ideas?


Asked on 1/26/01, 2:14 pm

1 Answer from Attorneys
Kathleen Loyer Law Offices of Kathleen M. Loyer

Re: IEP Placement at Temple Pre-school

There's plenty of case law regarding preschool special education. You need a good local attorney or advocate to assist is directing you as to how it is treated in your Circuit. I suggest you go to the COPAA website (copaa.com). It is a group of parents, attorneys and advocates invovled in special education. They have a listing of attorneys/advocates in each state that specialize in special education law. Also, they have a very active chat list that you can post questions on and may connect with some parents in your state with similiar experiences. Good luck.

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Answered on 3/21/01, 10:13 am


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