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Jonathan Seth Corchnoy

Jonathan Corchnoy’s Answers

1,191 total


  • Can I keep my son longer than my timesharing agreement says?

    My son's mother is lying to and confusing my son. She allows him to call another man "daddy." I've told her many times not to do this. I've asked multiple times to talk to our son together and clear up this confusion. I've asked many times for thi...

    Jonathan’s Answer

    Your issue without a question was posted on the education forum. I have reposted it on the Child custody/visitation forum. Perhaps someone there may help you.

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  • Can I sue the school or the person.

    My son was assault by an school official in Florida resulting in chest wall trauma. He has been bullied relentlessly at the school, and this time another student him with a desk.

    Jonathan’s Answer

    I agree with Mr. Popovich that the specific facts of your case are critical to respond to your question. You need to speak with a personal injury attorney who understands the education setting and is familiar withFlorida's convoluted law concerning the immunity of state or municipal employees acting while allegedly in the course of that employment.

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  • My son was withdrawn from the last 2 months of school last year. I made it clear that the withdrawal was for just the remainder

    pf that year & he would be returning this coming school year. The school is now saying he can't come back because he was withdrawn & since I did that it affects him for the new school year. The guidance counselor never explained this & it was ne...

    Jonathan’s Answer

    Your question is very fact specific, which means that there are more facts that need to be developed to give you an answer. Such questioning is beyond the scope of this forum. You need to speak with an education attorney in a confidential setting to discuss your options. One issue that will come up is whether your son had an IEP and/or 504 plan or not. Furthermore, you do not indicate whether the school your son attended was a public or charter school on the one hand; or a non-charter private school on the other. Those facts will be needed before anything more can be decided.

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  • What are my legal rights regarding my high school transcripts if any?

    I graduated from a charter high school in 2009, they closed down in 2010. I was able to have my official transcripts (before they closed) sent to colleges I applied to and was accept by one of them. I ran into some hardships and had stopped going ...

    Jonathan’s Answer

    NJ requires that every school district and charter school to maintain certain records for 100 years after the student permanently leaves or graduates. those records must include the following: "student’s name, date of birth, name of parents, gender, health history and immunization, standardized assessment results, grades, attendance, classes attended, grade level completed, year completed, and years of attendance". NJ 6A:32-7.8(e).

    When a NJ Charter School dissolves (as apparently the school you attended did), they must file a Dissolution Plan with the NJ DOE. The charter school must - as part of that plan - "provide NJDOE and county office staff with a list of student names, complete student records and the schools to which they are transferring". That information (contents and completeness of student records) must be verified by NJDOE, charter school staff and county staff. The Dissolution Plan must also "Provide NJDOE with name, address and contact info of person designated as the primary contact person for all future inquires, as well as board approved resolution appointing this person as primary contact".

    Therefore, I suggest that you contact NJ DOE and ask for their copy of your records from them and, if they don't have them, ask who the "primary contact" person for the charter school is so that you can find out where the records were sent. NJ DOE - as the state educational agency (SEA) - should have a copy of at least the minimum student records required to be kept pursuant to NJ state law.

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  • How can I enforce an agreement with my daughter's father to pay for her college tuition?

    My daughter's father and I have been splitting her college tuition since she began her college career (2012). She has transferred schools a couple of times and is now in her third school and will graduate in May 2017. In April 2015 told her he w...

    Jonathan’s Answer

    Your question is really a Support question and I have reposted the question there.

    Nevertheless, any agreement that was made into a Court Order (or Consent Decree) may be enforced by filing with the Court that the father is in contempt of the Court's Order. If the Agreement was not incorporated into a Court Order, then you must go before the Court asking for the Court to enforce the Agreement.

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  • For a special education student, is the district required to provide proof of ability levels of the other students in a class?

    For example, when speaking with teachers, it may be indicated that a range of 5 grade levels exists in some special education core classes with only one teacher present to differentiate instruction. However, district administration may maintain th...

    Jonathan’s Answer

    The issue that the law allows to be challenged is whether a given educational placement is appropriate for a given student in light of his strengths, needs, and disabilities, including but not limited to, the student's education, need for related services so that he/she may access that education, and whether the education to be received will be a meaningful one for that student. Even if you could get information as to the other students (maybe as a group, but never as to each individual), the real issue is what effect - if any - the other students have on the student in question.

    Arguably, if none, then the other students' educational levels are irrelevant. If the educational levels of the other students are causing regression or lack of progress for the student in question as to a given IEP goal (e.g. a student on the Autistic Spectrum models inappropriate behavior because the other students are acting that way), then the issue is relevant and a change of placement should be made (either for the other students or for the student in question - again - depending on the needs of the student in question).

    As to proving that a class educational levels violates NJ OSEP regulations, that may be an issue where such information is arguably needed. However, without showing that the violation specifically caused the student in question to be affected negatively thereby, the violation would be a procedural violation not deemed a denial of a FAPE (unless it fits into one of the very limited procedural exceptions).

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  • For an HFA special education student transitioning to a new school, when would be the appropriate time to conduct an FBA?

    The student has always had behavioral services and a behavior plan for mild behavioral issues in an inclusive setting. The current behavior plan is working well, but the student had a difficult transition a few years ago. What are the rules about ...

    Jonathan’s Answer

    Short answer: Whenever a new FBA is needed because the current Behavioral Intervention plan isn't working.

    The situation is very fact specific; and in your case, since you mentioned that the student has had difficulty transitioning from one educational placement in the past, the issue should have been discussed at his last IEP meeting (presumably near the end of last school year). Often, in such situations, I request that the IEP provide for the student to come to school during the teachers' first week at school (usually the week before students return) so that the student may meet his teacher(s), get assigned his personal locker (if he will have one), get his books at that time, and get a chance to tour the facility and see where everything is BEFORE the rest of the students get there. Such treatment often alleviates the stress and anxiety from the transition (which often creates the off-task behaviors).

    if there is a problem and the District refuses to conduct a new FBA, then I suggest that you contact an education attorney inI your area.

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  • Can a parent keep their child from attending a house of worship or church in which the child believes and enjoys going to?

    If a child attends a Christian Church can the parent for that child not to go? Is it against the law? And can the child go without permission? Wouldn't that stand on their religious freedom? Op

    Jonathan’s Answer

    This question is a First amendment issue and not really an education question. Nevertheless, the U.S. Supreme Court has found that minors have less individual rights than a person who has reached the age of majority (which depends on the state and issue. In NJ, that age is 18. Thus, generally, a minor's legal guardian would have the right to have their child attend the church of their choice except if a Court - after a full hearing - should rule that the child is emancipated.

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  • Is there a resource with guidance for properly developing social, emotional, behavioral goals in an IEP for an HFA student?

    How does a parent ensure that goals of this nature are appropriate, individualized, objective and measurable? How does one specifically tie the behavior plan and data collection to these goals?

    Jonathan’s Answer

    In order to be taken seriously, you need your own professional who can recommend appropriate intetventions. I highly recommend that you retain a Board Certified Behavioral Analyst (BCBA) to assist you in this area.

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  • Can I sue the school/school district for reporting me to CPC for Neglect?

    It appears that my 8 year old child, who was just classified for Special Education under the category Communication Impaired, was talking with one of her teachers, Stating that I had left her home alone to go to the Gym. CPS visited my home regar...

    Jonathan’s Answer

    I agree with Mr. Johnson that judges are not likely to punish a "mandatory reporter" of child abuse until such time as it becomes clear that it is harassment or - in itself - discriminative behavior against you and/or your child. Nevertheless, NJ has additional anti-discrimination laws including the Law Against Discrimination (LAD) which has been very effectively used to stop harassment of parents of special needs students advocating for better services for their child.

    In the meantime, you may wish to send a copy of DYFS' letter (stating that the allegation of abuse was "unfounded") to the school and direct that it be kept in your child's educational file. That may prevent additional complaints without more facts to support them. It will certainly lay the groundwork for a LAD claim if the District's actions rise to the level of harassment.

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