SPECIAL EDUCATION
Your child's education and mental and physical well-being is paramount. If your child has special needs, your child has a right to a free and appropriate education in the least restrictive environment....
Approximately
six million children with various degrees of disabilities have a right
to a free and appropriate education under the Individuals with
Disabilities Education Improvement Act of 2004 (IDEIA), Section 504 of the
Rehabilitation Act of 1973, and the Americans with Disabilities Act.
The goals of these laws are to provide children with disabilities
opportunities to acquire a meaningful education and develop appropriate
social skills. 
There are a number of questions that parents and school districts must address when a child attends school. These include: (1) Does the child have a disability? Or, if the parties agree that the child has a disability, what is the severity of the disability? (2) Does the disability affect the child's educational performance? Does the disability impact the child's ability to participate in school activies? (3) Does the Individualized Education Program provide an appropriate education for the child and permit the child to participate in school activities? (4) What services does the child need in order to grow and develop as normally as possible? (5) Are the services effective? (6) What is the least restrictive environment for the child?
Under the IDEIA, the definition of disability is broad; it includes children with mental retardation, hearing impairments, visual impairments, autism, brain injuries, and other health or learning disabilities. Sometimes, a school district may not agree that your child has a disability or its expert may misdiagnose the child’s disability. For your child to obtain a free and appropriate education, it is important that your child is properly diagnosed and that you and the school district develop a meaningful Individualized Education Plan.
Sometimes, the parents and school district are unable to agree that certain proposals in the Individualized Education Plan (IEP) are necessary for the child’s education. These proposals may include the type of services your child needs, transition services, placement, behavoral intervention plans, or disciplinary protocols. In these situations, parents have the right to file a complaint with a state or federal agency or request a due process hearing. A due process hearing may also be held if parents believe that the school district has not properly implemented the IEP.
Parents and guardians in New Jersey are encouraged to be familiar with the New Jersey Department of Education publication, Parental Rights in Special Education (PRISE). We also recommend reading The Right to Special Education: An Advocate's Guide, published by the Education Law Center. To learn more about special education, you are invited to read Matthew Stoloff's Blog.
In New Jersey, more than 80% of all special education cases are resolved during the "resolution stage" or at mediation. These statistics are promising because it means that parents can work with advocates to address their issues with the school district, which saves parents money and accelerates the process of meeting the child's needs.
If you require representation at a due process hearing or court proceeding, we invite you to contact us for a consultation to help you and your child.