The family maintains that their daughter, who is autistic, faced a number of these incidents—specifically on December 10, 2019, January 2, 2020 and February 24, 2020. These episodes represent what the family says is a systemic, “failure to implement less restrictive alternatives; failure to provide a proper Behavioral Intervention Plan and/or Functional Behavior Analysis; failure to provide for properly trained staff and aides; and failure to take proper data and provide appropriate monitoring and supervision.”
According to the lawsuit, “The minor plaintiff was subjected to discrimination and chronic, unabated harm and abuse resulting in psychological and emotional injury and other residuals due to the defendant’s pattern and practice of physically restraining her.”
Furthermore, the suit states that, “Due to the negligence, gross negligence, reckless conduct, and deliberate indifference to the psychological condition of the minor plaintiff, the defendant Hoboken Board of Education created an environment that was unstable and harmful to the minor plaintiff, causing the minor plaintiff increased agitation, behavioral regression, school avoidance and emotional and psychological trauma.”
Sources familiar with the case have indicated that the reported $25,000 settlement is the latest step in an ongoing effort to establish an Individualized Education Program (IEP) for the student. The settlement reflects the cost of supplemental services that the family has paid out as a result of these incidents.
TAPinto Hoboken has reached out to the Hoboken Board of Education for comment, and will update this story with any further information.
A.J.-vs.-Hoboken-BOE by Tony Petrosino on Scribd
