Three primary laws govern the provision of special education services in New Jersey. Those are two federal laws, The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, and New Jersey's Administrative Code for Education, N.J.A.C. 6A. IDEA The purpose of IDEA is to ensure that children with disabilities are able to receive a free appropriate public education (FAPE)…
The process for providing special education services begins with something called "referral." Either the school district or the parent/guardian may initiate this process. It begins with a written request for an evaluation to be made to the school district, usually to the Director of Special Education Services. This request can be made at any time for any student. The school's Child Study Team (CST) must…
Mediation is a voluntary process that is available to resolve special education disputes. Mediation is available for students age three through 21 years when there is a disagreement regarding identification, evaluation, classification, educational placement or the provision of a free, appropriate public education. Your request for mediation cannot be used to deny or delay your right to request a due process hearing. A written request…
Evaluation of your child is an important early step in securing the appropriate special education services for your child with disabilities. The entire process begins with something called "referral." Parents or the school district may initiate this process. For the parent to initiate the referral, a written request for an evaluation is made to the school district, usually to the Director of Special Education Services.…
The Individuals with Disabilities Education Act (IDEA) and New Jersey Administrative Code N.J.A.C. 6A:14 govern the provision of preschool special education services in New Jersey. Eligibility for Pre-School Special Education If you suspect that your child is experiencing delays in his or her physical, cognitive, communication, social/emotional and adaptive development before school age, or if your child has received Early Intervention Services, he or she…
Extended School Year (ESY) services refers to IEP-based special education interventions that are provided beyond the regular 180-day school year. The need for these services must be individually determined. ESY services should be included in your child's IEP if his or her skills and abilities substantially decline during or following an interruption in educational programming. This is commonly termed "Regression." ESY services should also be…
The Individuals with Disabilities Education Act (IDEA) seeks to ensure that all students with disabilities are prepared for adult life: post secondary education, employment, community participation and independent living. Transition planning - which includes the student, the IEP team, the parent, and in some cases, community organizations - is a formal process of long-range cooperative planning designed to assist students with disabilities as they move…
In New Jersey, students with disabilities graduate with the same diploma as their non-disabled peers. The specific graduation requirements for each student are determined individually and described in the student’s IEP. In addition to earning required credits, the student must also meet transition-related IEP goals and objectives before earning a diploma. Students with disabilities are eligible for special education services through the end of the…
The issue of discipline when it comes to students with disabilities must be carefully considered on a case-by-case basis. In general, a student with disabilities must follow the same rules as typical peers, and may be subject to the same punishment for rules violations. Often, however, a student’s behavior can be directly traced to his/her disability. When that is determined to be the case, a…
Research shows that bullying can negatively impact a child’s access to education. It can lead to school avoidance and higher rates of absenteeism, lower grades; difficulty concentrating, loss of interest in school, and increased drop out rates. Since 2009, the Education Department’s Office for Civil Rights has received more than 2,000 complaints stemming from issues at public schools across the country. School districts have a legal…