Reimbursement For Parental Services
by
Ira M. Fingles, Esq. and S. Paul Prior, Esq.
Hinkle & Fingles, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Many parents of students with disabilities spend significant time
working with their children helping them attain educational goals.
Pursuant to a recent Federal Court case, parents may be entitled to
compensation by the educational system for time they spend working
with their children. The case arose in Pennsylvania, but is applicable
in New Jersey as well.
In Bucks County Department of Mental Health/Mental Retardation v.
Demora, the Third Circuit Court of Appeals upheld an award of
reimbursement for services provided by the mother of a young student
with an Autism spectrum disorder, cerebral palsy, and deafness. The
parent contended that the services provided by the local Office of
Mental Retardation under the Early Intervention Program were
inadequate. Consequently, the parent hired a private therapist to work
with the student.
However, the private therapist was unable to provide a sufficient
number of hours of service. As a result, the therapist provided
training to the parent in how to work with the child, allowing her to
provide additional services to her daughter.
It has long been the law that a school district may have to reimburse
the costs of services paid by parents if the public educational system
fails to adequately meet their needs. Relying upon this principle, the
court found no reason to disqualify services provided by a parent that
are beneficial to the student.
In reaching this decision, the court believes it important that the
parent was provided with training on working with the student and was
acting as a therapist, not as a mother, when providing the services.
Parents who wish to pursue claims for reimbursement for the time they
spend working with their children should enroll in courses, attend
workshops, set aside training time with private therapists, or take
other similar steps to show that they are qualified to provide
services. In addition, they should keep accurate records of the time
they spend working with their children, the specific activities worked
on, and the child’s progress during the sessions. Finally, it is
imperative the school district be given advance notice that the parent
will be providing services and reimbursement will be sought.
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Herbert D. Hinkle, his partner, Ira M. Fingles, and their colleagues,
S. Paul Prior and Valerie A. Powers Smith, maintain a statewide law
practice with offices in Lawrenceville, Marlton, and Florham Park, New
Jersey, and Yardley and Plymouth Meeting, Pennsylvania. They lecture
and write frequently on topics of law, aging, disability and estate
planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: Hinkle & Fingles, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2004
Herbert D. Hinkle. All rights reserved.
