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J.T. v. DUMONT PUBLIC SCHOOLS

DOCKET NO. A-2424-12T1

103 A.3d 269 (2014)

438 N.J. Super. 241

J.T., on Her Own Behalf, on Behalf of Her Minor Child, A.T., and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. DUMONT PUBLIC SCHOOLS, the Dumont Public Schools Board of Education, Emanuele Triggiano, in His Official Capacity as Superintendent of the Dumont Public Schools, and Paul Barbato, in His Official Capacity as Director of Special Services for the Dumont Public Schools, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 2014.

Attorney(s) appearing for the Case

John D. Rue argued the cause for appellant (Law Offices of John Rue , attorneys; Maryam Jazini Dorcheh (White & Case), Jack E. Pace , (White & Case) of the New York bar, admitted pro hac vice, and Peter E. Wilhelm (White & Case) of the New York bar, admitted pro hac vice, on the brief).

Eric L. Harrison , Edison, argued the cause for respondents (Methfessel & Werbel, attorneys; Mr. Harrison and Boris Shapiro , on the brief).

Ruth Deale Lowenkron argued the cause for amici curiae Council of Parent Attorneys and Advocates, Disability Rights New Jersey, Education Law Center, New Jersey Special Education Practitioners, Statewide Parent Advocacy Network, and the Special Education Clinic of Rutgers University-Newark (Education Law Center, attorneys; Ms. Lowenkron , on the brief).

Before Judges MESSANO, HAYDEN, and LISA.

The opinion of the court was delivered by

The issue before us is whether one component of an appropriate special education placement violates the Law Against Discrimination's (LAD), N.J.S.A. 10:5-1 to -42, prohibition against discrimination due to a disability. Plaintiff J.T., on behalf of herself, her minor son A.T...

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