Since beginning Kindergarten with the District, G.V. is a 12 year old boy diagnosed with autism. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The following relevant facts are drawn from Plaintiff s Verified Complaint and supporting record, and are undisputed unless otherwise noted. For the reasons that follow, the Court determines that Plaintiff is not excused from exhausting 1 administrative remedies, and, accordingly, denies Plaintiff s request for emergent relief and dismisses the Verified Complaint without prejudice. s circumstances, including alleged irreparable harm, and the Administrative Law Judge s ( ALJ ) inability to provide Plaintiff with the relief she seeks. contends that she is excused from exhausting her administrative remedies under the IDEA because of the urgent nature of G.V. In her application for emergent relief, L.V. Plaintiff s claims are brought pursuant to the Individuals with Disabilities Education Act ( IDEA ), 20 U.S.C. with an appropriate education, and refuses to fund an out-of-district placement for G.V. for the 2012-2013 school year, has not agreed to provide G.V. In the Verified Complaint, Plaintiff alleges that the District violated the Individualized Education Program ( IEP ) for G.V. ), seeking injunctive relief in the form of an order directing Defendant Montgomery Township School District Board of Education ( Defendant or the District ) to pay for costs associated with G.V. : _: WOLFSON, United States District Judge: Before the Court is a Verified Complaint filed by Plaintiff L.V. : : OPINION MONTGOMERY TOWNSHIP : SCHOOL DISTRICT BOARD OF : EDUCATION, : : Defendant. o/b/o G.V., her minor child : : Plaintiff, : : Case No. *NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _ : L.V.
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