Hoboken BOE reaches $25k settlement for autistic student who alleged ‘improper physical restraints’

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The Hoboken Board of Education reached a $25,000 settlement for an autistic Wallace Elementary School student, who alleged in a lawsuit filed by her parents that she was “subjected to to the unlawful and improper use of physical restraints by several employees.”

The Wallace Elementary School in Hoboken. Photo via Google Maps.

By John Heinis/Hudson County View

“During the aforementioned times and place, the minor plaintiff who is autistic was subjected to the unlawful and improper use of physical restraints by several employees of the defendant Hoboken Board of Education,” the complaint to approve an infant settlement filed on December 23rd says.

“These failures include, but are not limited to: unlawful and improper use of physical restraints; 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.”

The court filing lists three dates on or about December 10th, 2019, January 2nd, 2020, and February 24th, 2020.

The complaint also alleges discrimination and unabated harm and abuse, which caused emotional and psychological injuries.

The document continues that the Hoboken BOE has agreed to settle the claim for $25,000, which is outlined in more details via a judgement approving minor’s settlement and directing deposit of funds from the same day (December 23rd).

The judgement indicates that $3,625 will be paid to the plaintiff’s attorney, Judith Weinstock ($3,375 for attorneys fees and $250 for disbursements, costs and expenses), along with $18,800 to reimburse payment of services for Dr. David Dean, MD.

Counsel for the Hoboken BOE did not return an email seeking comment on Tuesday.

The Hoboken BOE next meets for their annual reorganization on January 5th, 2021.

1 COMMENT

  1. Sorry but the schools could have done better and need to start doing better immediately. They are always so eager to suppress situations like this instead of handling them above board. Now with remote education they are doing nothing to help kids with disabilities or 504’s who are remote, literally have not reached out to see how they can help. just constantly bragging about how well they are doing with the kids who are on campus. Hope they can step up now that this was brought to light by parents who clearly wanted what was best.

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