From the suburbs of New York City and Philadelphia to the communities along the shore, New Jersey has a diverse array of urban cities and small towns. Regardless of size or location, public schools must provide all students with access to a free, appropriate public education. For students with disabilities, this includes an Individualized Educational Plan (IEP).
New Jersey has several programs and schools above and beyond federal requirements. The state has special services school districts and specialized schools and programs to assist and support a range of disabilities.
A school district does not lessen its legal obligations to provide support and accommodations because a state has multiple options for students with disabilities. If anything, these opportunities can increase disagreements between families and schools about the best way to support a student. If and when these disputes occur, the Lento Law Firm Student Defense Team can help families find resolutions that support their students.
What is an IEP?
An IEP is a written document that provides guidance on the support, services, and accommodations a student will receive to access their education. These services must relate to the student's disability.
IEPs should be tailored to the individual student. IEPs should not focus solely on a student's disability or use the same services for every student with a given disability. IEPs should factor in a child's strengths and goals and what makes them unique when crafting an IEP.
Federal Law
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) make up the foundation of disability rights in education. IDEA establishes IEPs.
IDEA applies only to students between the ages of 3 and 21 who are in grades K-12. While IDEA covers public schools only, these districts must provide services and support to all children who reside within their boundaries.
When discussing disability rights in education, three terms commonly appear. Understanding them can be useful for parents and guardians, especially during IEP Meetings.
All children in the United States have the right to a Free Appropriate Public Education (FAPE). For students with disabilities, this extends to support and accommodations, including an IEP. Whether a child is receiving access to FAPE, as required under law, is a frequent basis for disputes.
Current practice in special education law is to place students with disabilities in general education classrooms as much as possible. This concept is known as the Least Restrictive Environment (LRE) and should be based on the individual student. Some students require more specialized instruction or would place an undue burden on other students in a general education classroom.
Finally, all schools must provide students who have disabilities with reasonable accommodations. No single factor defines this concept. Cost and whether an accommodation places an undue burden on others are two common considerations.
Federal law does not require that schools make all accommodations available or use the most expensive option. If an accommodation is effective – not the most effective, simply effective – a school district has likely met its legal obligations.
IEP Process
To qualify for an IEP, a student must have a qualifying disability. IDEA defines the following disabilities as qualifying a student for an IEP:
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment, including blindness
A student must not only have a disability but also require assistance in school as a result of their disability.
Referrals
The first step to obtaining an IEP is a referral. Parents or guardians, school staff, or government employees whose job includes child welfare can all make referrals. In some cases, medical professionals, such as doctors, may suggest or make a referral.
Evaluation
Once a referral is made, a school district has 20 days to conduct a meeting about whether to proceed with an evaluation. If the district decides to proceed with evaluation, the next step is determining what tests or other assessments a child may need. This determination is informed by a student's behavior or actions or their suspected disability.
Different disabilities require different testing, assessment, and evaluation. This can also be a source of disagreement between school officials and families. These tests are crucial for determining both if a student qualifies for services and what support they require. Families should follow up with test results if they believe they do not accurately capture a student's disability.
In some cases, an evaluation may not be necessary. A student with a hearing or vision impairment, for example, may already have undergone medical tests, and further evaluation will not be required. In cases such as these, parents may need to submit medical records or letters from medical professionals about a student's disability. In this situation, parents and guardians should discuss how to proceed with both a child's doctors and school officials.
If a student qualifies for services, the next step will be the IEP Meeting.
Reevaluation
Most students will need to be reevaluated every three years. The extent and type of this reevaluation will depend on a child's disability and whether the school district or family believes it to be necessary. The IEP team will make this determination. In some cases, parents may waive a reevaluation.
Summary
To qualify for an IEP, a student must go through the following steps:
- Identification
- Evaluation*
- Classification
- IEP Development
- Placement
- Reevaluation*
* Depending on their disability, some students may not need to undergo evaluation or reevaluation.
IEP Meetings
There are two types of IEP Meetings: the initial meeting and the annual review. Parents or guardians and members of the school staff will be present at the meeting. Students may participate depending on their age and disability. Some families may wish to encourage student involvement, especially once they are teenagers, as a way to help them learn how to advocate for themselves.
The purpose of these meetings is to determine the services, support, and accommodations a student requires to access their education. A student's goals or a transition plan may also factor into a meeting. Some students, especially those in high school, may also have transition plans.
Families may request a revision meeting at any point during the school year. A review meeting may be necessary if a student's current accommodations are no longer effective or not being implemented. As children grow, their needs can change, and that includes what defines effective support for them in school.
Discipline Report
In August 2023, New Jersey released a report on discipline in schools. Among other findings, the report stated that students with disabilities were 1.7 times more likely to be suspended than their non-disabled peers. In addition, more than half of law enforcement referrals in the 2018-2019 school year were not required.
The report is also an indirect reminder of why parents and guardians should consider discussing discipline during a student's IEP meeting. Some families may wish to include approved disciplinary actions if and when a teacher or staff member needs to correct misconduct.
State-Level Programs
New Jersey offers a variety of resources and programs for students at the state level. This includes early intervention, referred to as Child Find under IDEA, transition services, and early literacy initiatives.
School for the Deaf
Located in Trenton, the Marie H. Katzenbach School for the Deaf is a state-funded school. The school works with students between ages 3 and 21 who have a hearing impairment. It is the only residential school in the state for students who are deaf or hard of hearing.
Special Services School Districts
New Jersey has eight special services school districts. These districts work with K-12 students who have severe or multiple disabilities. Students will generally need to have an existing IEP to qualify for admission, and admission is through the student's home school district.
Special services districts work with a small percentage of students. The majority of students with disabilities within a special services school district's region will receive support through their home school. Districts do not shed their obligation to provide services because of the existence of a county-wide program. Ocean City School District, for example, is part of the Cape May County Special Services School District but still has a dedicated special education department.
The New Jersey Joint Council of County Special Services School Districts is the central body for these districts. As the Joint Council highlights on its website, despite current policy encouraging LRE and how being part of general education classrooms benefits many students, other students do not benefit from that environment. The goal of special services school districts is to support students who require specialized classes with low teacher-to-student ratios and more intensive services and support.
The state's eight special services school districts:
- Atlantic County
- Bergen County
- Burlington County
- Cape May County
- Gloucester County
- Mercer
- Salem
- Warren
Through the Joint Council, these eight districts also share services. They also work with their local school districts to provide support and services to students in those districts.
Regional Schools
In addition to the special services school districts, New Jersey funds Regional Day Schools for students with severe disabilities. These schools have more extensive therapy and support services than are traditionally available at a general education school.
Unlike the special services district, these schools are part of an existing district. While one district is in charge of operating a school, these programs pull from multiple school districts in a geographic area.
The regional day schools work with students to help prepare them to be as independent as possible as adults and may offer extended school year (ESY) programs as well. If you believe your student would benefit from attending one of these programs, you should contact your local school district.
Three of the state's regional day schools are with the following districts:
- Jersey City Public Schools, Gerard J. Dynes School
- Manchester Township School District
- Newark Public Schools
Special Education Parent Advisory Groups (SEPAG)
New Jersey mandates that all districts have a Special Education Parent Advisory Group (SEPAG). These groups are parent-led. Their mission is to increase family and community involvement in educating students with disabilities and shaping a district's education policy.
Membership is not limited to parents. School staff and administrators, current and former students, and other members of the community are all eligible.
A guide about SEPAG, created by the SPAN Parent Advisory Network, lists four additional reasons and potential benefits for these groups:
- Supporting improved educational outcomes and well-being for all students, not just those with disabilities
- Identifying unmet needs
- Shape program and service development and district policies
- Improving a district's culture and community
SEPAGs are not about individual IEPs but district-level policies. While families may become involved with a SEPAG due to an issue with their student's IEP, any discussions in a SEPAG meeting should focus on why a change is needed to benefit all students or a specific group of students.
District-Specific Programs
Just as each student is unique, every school district offers its own programs and support for students with disabilities. Districts do not have to offer identical services, merely accommodations, and support that are effective.
Certain districts may provide better support for certain disabilities. A difference in funding and resources between districts can also impact the types of services they offer to students. Some districts may have workshops and meetings for parents and families of students with disabilities.
Although districts have no obligation to offer identical services as other districts, parents and guardians may find it useful to know the types of services and accommodations other school districts offer. Below are three examples of different New Jersey school districts and the programs they offer.
Haddonfield
In 2019, Haddonfield Public Schools released an audit of its special education program. This included how the district was using that information to improve its special education services and support. Some of the changes included hiring additional special education staff and providing training to the staff. While these recommendations were specific to Haddonfield, some of the findings and solutions may be applicable to other schools.
Newark
In 2022, a state report found that Newark Public Schools failed to meet federal requirements for supporting students with disabilities. This was not the first time the district has been cited for its shortcomings in supporting students with disabilities. In response to the 2022 report, the state and district released a corrective action plan.
For families within the Newark district, this plan can be useful to review. Parents and guardians should not hesitate to ask how the district is working to resolve the problem, as well as using the corrective action plan to ensure their child's IEP is being properly drafted and implemented.
Despite these issues, Newark Public Schools do have some strengths for students with disabilities.
Newark operates the Bruce Street School for the Deaf. The school is one of the oldest day schools in the country for students with hearing impairments. Serving K-8 students, the school also offers sign language classes to families.
In addition, the district has the John F. Kennedy School. The school serves Grades 9-12 and focuses on individuals with autism and multiple disabilities. The goal of the program is to assist students in reaching their full potential and becoming active members of their communities.
Princeton
Princeton Public Schools makes a variety of resources on special education available on its website. This includes overviews on IEP Development and Reevaluation. The district's specific programs range from integrated preschool classrooms to School-to-Work and the Bridges program for high school students.
Dispute Resolution
Given the importance of education, disagreements about a student's IEP are part of the process. From initial testing to implementing an IEP, disputes can arise at any point in the process. Recognizing that disagreements will happen, IDEA requires that states offer dispute resolution options. In New Jersey, the Office of Special Education Policy and Dispute Resolution has the responsibility for implementing dispute resolution policies and procedures.
New Jersey offers four dispute resolution options when families and schools cannot find a solution to a problem with a student's IEP. These options are:
- Facilitated IEP Meetings
- Mediation
- State Complaints
- Due Process Hearings
Parental Rights in Special Education (PRISE), created by the state, provides details on all of these options.
Informal Meetings
When possible, families should first attempt to meet with teachers or other school staff members to resolve a disagreement. Conversations may help the two sides understand each other's position and find a solution. A meeting with a teacher or an IEP, if it succeeds, can also result in a quicker resolution, which can benefit a student.
These informal meetings can also show if the two sides cannot reach an agreement, that they attempted to resolve the issue before resorting to other options.
When these meetings do not result in an agreement or if the situation cannot be resolved via a conversation, families should consider one of the following options. An experienced legal team can help families consider their options and select the best choice for their situation.
Facilitated IEP Meetings
New Jersey offers families the opportunity to participate in facilitated IEP meetings. Facilitated IEP meetings do not alter the requirements for an IEP or a school district's legal obligations.
In these meetings, the state provides a neutral third party, a facilitator, to encourage communication and collaboration between the family and school district. The facilitator, while having no role in crafting the IEP, encourages keeping a meeting's focus on the student.
Facilitated IEP meetings are voluntary, and both the family and school district must agree to participate. These meetings are available at no cost to families.
Mediation
Mediation is similar to a facilitated IEP meeting. So similar, in fact, that New Jersey provides a document explaining the difference between the two. Both involve a neutral third party, and the focus for both is the needs of the student. Facilitated IEP meetings have a more narrow focus and relate to the crafting or revision of an IEP. Mediation can involve any issue involving IEPs, including implementation.
One important difference between the two is whether the meeting is admissible in subsequent proceedings. While both are confidential, only facilitated IEP meetings are admissible in subsequent proceedings. Any discussion during mediation is not admissible in subsequent proceedings or hearings, although any written agreement will be.
State Complaints
If and when an individual believes a school district is violating either federal or state law regarding disability rights in education, that individual may file a state complaint. Complaints must be filed within one year of the alleged violation and be submitted in writing. State complaints may focus on specific students or larger, systemic issues. The state will conduct an investigation and issue a report. Unlike other dispute resolution options, the report will not focus on the specific student.
Due Process Hearing
Similar to a court case, due process hearings are the most formal of the options and the most likely for both sides to have legal representation. Similar to facilitated IEPs and meditation, New Jersey has a guide on the differences between state complaints and due process hearings.
Unlike state complaints, which focus solely on violations of the law, due process hearings cover a wider range of issues. From identification to implementation, these disputes will have a legal basis but usually relate to a disagreement over a specific child's access or lack of access to IEPs or services and support.
In a due process hearing, both sides will present evidence to an administrative law judge. The judge will hear the case and then issue a decision. If either party disagrees with the judge's ruling, they have 90 days to file in either state or federal court to appeal the decision.
All Children Have the Right to an Education
The United States gives all children the right to a free, appropriate public education. For students with disabilities, federal law has expanded the right to include IEPs and the services and support a student needs to access and benefit from that education.
For IEPs, disputes can cover a range of topics. From the initial evaluation to the implementation of the IEP, school districts can fall short of their legal obligations at numerous points during the process.
As a nationwide law firm, the Lento Law Firm Team works with families around the country to protect their student's right to an education. Contact us online or at (888) 535-3686.
