Rule of Procedure-Torts  District Court granted parent motion to re-open matter but only to dismiss certain defendants and to determine that attorney’s failure to timely file response to motion to dismiss was not excusable neglect where solo practitioner was on vacation during return date. Riley v. Zayas, DNJ 2019: Jan. 29.

Students – General Education  DNJ found that parent was not collaterally estopped from asserting section 1983 and 14th Amendment claims where initial and final decision addressed whether the board was arbitrary, capricious, or unreasonable in finding a HIB violation against student because those federal rights were not litigated in an administrative proceeding as they were outside the Commissioner’s jurisdiction. Board’s motion to dismiss was denied. Hecth v. East Brunswick Bd. of Educ., DNJ 2019: Jan. 23.

Students – Special Education  District Court determined that where parents revoked consent for board evaluation of classified student, prior to completion of district’s evaluation, district was not obligated to provide independent evaluation.

Where parent revoked consent to evaluate prior to completion of district’s evaluation, district was not obligated to file for due process within twenty days of parental request for independent evaluation to prove its evaluation was appropriate.

Parents not entitled to discovery or remand where revocation of parental consent prior to completion of district evaluation made it impossible to determine whether placement to be proposed by district was predetermined. S.S. v. Hillsborough, DNJ 2019: Jan 31.