A New Jersey administrative hearing officer found in favor of the parents in West Windsor-Plainsboro Board of Education when it determined that a disabled kindergartener’s behavior was not severe enough for the District to remove the student to homebound instruction as “emergent relief.” The hearing officer found that the student’s behavior – kicking and hitting his teacher – did not meet the “irreparable harm,” standard required for emergent relief, and concluded that removing the student from his peers (his least restrictive environment) outweighed the potential harm of having him back in school.
June 2022
