Jennifer Frankola Prevails on Behalf of a Ten Year Old in Need of Appropriate Schooling

We represent, L.L., a 10 year old bright little girl who suffers from anxiety, depression, ADHD, developmental coordination disorder and ODD. She was classified by the NYCDOE with emotional disability and recommended for a residential placement. Despite her mother’s best efforts, the NYCDOE failed to identify and offer her a timely placement, leaving L.L. without an appropriate educational setting to meet her learning needs. Jennifer Frankola filed for due process and requested an impartial hearing invoking L.L.’s pendency rights under the IDEA. Pendency acts as an automatic injunction and requires the student to “stay put” in her then current placement. In L.L.’s case, pendency was found to be at the Grove School, a private therapeutic boarding school located in Madison, CT. The NYCDOE was ordered to fund L.L.’s program under the pendency order until the due process proceedings are concluded.

       
 

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