COLE, SCHOTZ, MEISEL,

FORMAN & LEONARD, P.A.

A Professional Corporation
Court Plaza North
25 Main Street
P.O. Box 800
Hackensack, New Jersey 07602-0800
201-489-3000
201-489-1536 Facsimile
Attorneys for

: THIRD CIRCUIT COURT OF APPEALS

DUMONT BOARD OF EDUCATION, : DOCKET NUMBER 10-3992
:
Plaintiff-Appellant, : SETTLEMENT AGREEMENT
:
v. :
:
:
:
Defendants-
Appellees.

THIS SETTLEMENT AGREEMENT is made between Dumont Board of

Education (the “Board”), with its principal offices located at 25 Depew Street, Dumont,

N.J. 07628 and . on behalf of (hereinafter referred to as the

“Parent”).

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 WHEREAS, is a year old student residing in the Dumont School

District; and

WHEREAS, has been deemed eligible to receive special education and

related services; and

WHEREAS, ., having chosen to enroll . in the Children’s Center, filed a

petition with the Office of Administrative Law seeking, among other things,

reimbursement for tuition, transportation costs and placement in the Children’s Center on

a going forward basis;

WHEREAS, an order was entered in the Office of Administrative Law

proceeding, awarding reimbursement to for the cost of tuition and transportation and

placement in the Childrens Center on a going forward basis; and

WHEREAS, the Board having filed an appeal in the District Court; and

WHEREAS, the District Court having entered orders affirming the administrative

decision and awarding attorney fees and expenses incurred in the litigation; and

WHEREAS, the Board having appealed from these orders to the Third Circuit

Court of Appeals as well as filing a motion for a stay before the District Court; and

WHEREAS, the Board and the Parent (collectively referred to as the Parties) are

desirous of reaching an amicable resolution on all issues to avoid the time and expense

associated with further litigation; and

WHEREAS, the Parties have in good faith engaged in negotiations concerning

this matter, the Parties enter into this settlement agreement in order to reach a

compromise of all issues in the best interests of the Parties; and

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 NOW THEREFORE, in consideration of the mutual covenants and promises

contained herein, the Parties agree as follows:

1. The Board agrees to pay $240,000.00 in full settlement of matters pending

before the District Court (Civil Action No. 09-05048) and the Third Circuit Court of

Appeals (Docket No. 10-3992) pertaining to and the Dumont Board of

Education. The payment of $240,000.00 was approved by the Dumont Board of

Education at its November 11, 2010 board meeting;

2. This payment is reimbursement for tuition and transportation costs and

attorneys fees and expenses awarded by the Office of Administrative Law and District

Court in these proceedings;

3. The Board will make three (3) equal payments of $80,000.00 each, payable

to the law firm, Cole, Schotz, Meisel, Forman and Leonard. The first payment is due no

later than December 2, 2010. The second payment is due no later than September 1,

2011 and the final payment is due no later than September 1, 2012;

4. The Board agrees to withdraw its motion for a stay pending before the

District Court and to file a stipulation of dismissal with prejudice with the Third Circuit

Court of Appeal;

5. The Parent agrees to accept the $240,000.00 as payment in full for the

outstanding judgements against the Board.

6. Once the final payment, due no later than September 1, 2012, is received,

the Parent will file a Warrant of Satisfaction with the District Court;

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 7. By entering into this Settlement, the Parent waives the right to any

additional attorneys fees and expenses which may have been incurred to date,

8. All parties represent that they have entered into this Settlement Agreement

voluntarily and with full knowledge of its terms and state specifically that they have had

the assistance of counsel and that they are satisfied with their respective counsel’s legal

services.

9. This Settlement Agreement constitutes the entire agreement between the

Parties, supersedes any prior agreements, whether written or oral, on the issues addressed

in this agreement.

[Continues on next page]

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 IN WITNESS WHEREOF, the parties have executed this Settlement Agreement

on the dates set forth below.

DUMONT BOARD OF EDUCATION

DATED:_____________________ By:______________________________
Title:_ ___________________________

DATED:_____________________ _________________________________
J.T.

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