GLENN M. MILLER, Chief of Detectives DEBORAH HANLON-SCHRON Exceative Assistant Proseeutor MICHEL A. PAULHUS xecutive Assistant Prosecutor JOSEPH D. CORONATO. ‘Ocean County Prosecutor JOHN R. CORSON JR. First Assistant Proseeutor OFFICE OF THE PROSECUTOR Courthouse Annex Building 119 Hooper Avenue P.O. Box 2191 ‘Toms River, New Jersey 08754-2191 (732) 929-2027 Fax (732) 929-2145 September 16, 2016 Honorable Patricie B. Roe, J.8.C. Superior Court of New Jersey Ocean County Justice Complex P.O, Box 2191 Toms River, New Jersey 08754 Re: State of New Jersey v. Walter Uszenski, et al. Indictment No. 16-05-01033 State's Brief in Opposition to Defendant’s Motion to Dismiss Indictment And Disqualify Ocean County Prosecutor’s Office Dear Judge Roe: Please accept this letter memorandum in lieu of a more formal brief in opposition to defendant's Motion to Dismiss the Indictment and to Disqualify the Ocean County Prosecutor’s Office. PRELIMINARY STATEMENT The investigation that gives rise to this indictment began in December of 2014 when Brick Township Mayor John Ducey and Brick Township Administrator Joanne Bergen met with Ocean CountyProsecutor Joseph Coronato to discuss an allegation that then Superintendent Walter Uszenski’s grandson was being driven to a private day care on a public schools bus. The Ocean County Prosecutor's Office conducted an extensive investigation before the filing of criminal charges against the former superintendent of Brick Public Schools, Walter Uszenski, his daughter, Jacqueline Halsey the former Interim Director of Special Services, Andrew Morgan, and his wife, Lorraine Morgan, the former Academic Officer of the district. Because this case involves allegations of criminal acts relating to the provision of special education and related services, a brief overview of the relevant law is necessary. The “individuals with Disabilities Education Act”, 20 U.S.C. 1400 et seq., the “IDEA”, is the main federal law pertaining to the educational rights of children with disabilities. The law requires that all states that receive federal funding under IDEA must provide a free and appropriate public education in the least restrictive environment to all children with disabilities from age three (3) to twenty-one (21). New Jersey receives federal IDEA funds. A free and appropriate public education must be provided to preschool aged children with disabilities or developmental delays between the ages of three (3) and five (5). The federal regulations which implement IDEA are set forth in the Code of Part 300. New Jersey also has its Federal Regulations at 34