A child who had wrongly been denied special education services had his services restored, and his grandfather’s and mother’s indictments dismissed as a result – thanks to Attorney Michael Inzelbuch.

It all started when the child’s grandfather, the former Brick public schools Superintendent, Walter Uszenski, and the boy’s mother, Jacqueline Halsey, were criminally indicted by the Ocean County Prosecutor’s Office for allegedly using their influence to obtain special education services for their son/ grandson – before they retained the services of Michael Inzelbuch.

As a result of the indictment, the child was declassified by Brick schools and denied any of the essential educational services he required .

This is when expert attorney Michael Inzelbuch Esq. got involved. Inzelbuch’s practice primarily focuses on obtaining children and their families special education services throughout New Jersey.

Through the litigation process, Inzelbuch successfully managed to overturn the case – beginning with the young boy.

In a Due Process Petition filed in Trenton at the Office of Administrative Law (OAL) by Inzelbuch on behalf of the child and family in September 2015, Inzelbuch alleged that the child was wrongly declassified and denied special education services, required re-classification, and the reinstatement of appropriate special education services.

After a series of educational evaluations and court action the child was correctly reclassified, provided an IEP (Individual Education Plan) and provided much-needed services.

As a result, and in response, the Judge dismissed all criminal charges against the grandfather and mother of the child  – as it appeared the criminal indictments were motivated more by Brick politics than any criminal activity.

Superior Court Judge Patricia B . Roe in Her February 28, 2017 ORDER, in part, noted as to the criminal charges:

“Sadly, without these reasonable efforts and special services, J.H. regressed in the general population. By first grade, J.H. was reevaluated and reclassified again by the Brock Child Study Team , as a child with a disability who is entitled to special education services . This fact is not lost on the court in this analysis.“ (Meaning, the child should never have been declassified.)

Judge Roe also mentioned in her decision to throw out the indictment that the Ocean County Prosecutor and his staff failed to disclose facts and documents, that if had been presented to the Grand Jury, would have in all likelihood prevented an indictment from being presented in the first place.

Inzelbuch tells TLS this should serve as a lesson for districts throughout the State.

“I can’t talk about the specifics, but I can say this should be a lesson to districts throughout the State that politics has no place in special education,” Inzelbuch said. “Conflicts of interests and members of one’s families apparently influencing decisions as to where a child should go – is wrong  Child Study Team members need to be able to do what’s right without fear of retribution or to the other extreme currying favor with the latest administrative regime on the backs of kids and their families.”

Inzelbuch in Trenton at the Office of Administrative Law (OAL) continues to sue the district for the educational services the child was wrongly denied.