Whether a student lives in Newark or Walpack Township, they have the right to attend one of New Jersey's over 2,500 public schools. The United States requires that all students have access to a free appropriate public education. For students with disabilities, this right extends to the services, support, and accommodations they require to benefit from and access that education.
In Fall 2022, the New Jersey Department of Education reported that slightly less than 240,000 students, or about 16 percent of the school-aged population, qualified as having a disability under federal law. The majority of students were in K-12, with 13,000 between the ages of 3 and 5.
Special education is the general term used for assisting students with disabilities in school. Services and accommodations depend on a child's disability and the severity of that disability. That a student has a disability is not enough to qualify for special education services. Their disability must also affect a student's ability to learn.
While federal law requires that school districts provide services to students with disabilities, the law allows for enough flexibility to allow for disagreements. Families and school districts may disagree over assessments, what qualifies as effective, or any number of issues. If and when a disagreement arises, the Lento Law Firm can help families find solutions to support their students.
What is Special Education?
In New Jersey, the Department of Education's Office of Special Education is responsible for implementing, managing, and leading the state's special education services. While special education is the most commonly used term, some districts in New Jersey use the term special services. The term used does not alter what services and support a district must offer.
The Individuals with Disabilities Education Act (IDEA), the federal government's central law for disability rights in K-12 education, defines special education as “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.”
That a student has a disability and requires special education services is unrelated to a student's intelligence or ability to succeed in school. As a current initiative from Stanford University states, special education is often about learning differences and understanding that education is not a one-size-fits-all prospect.
Even students without disabilities learn differently, although these challenges may be more noticeable in a student with a disability. Parents and guardians, during IEP meetings and in other conversations with school staff, should ask about how the school views and incorporates learning differences into its special education curriculum.
Relevant Laws
As stated above, IDEA is the law that is the foundation of disability rights in K-12 education. The law applies to public schools and all children and teenagers who are either in K-12 or pre-K. Once a student graduates from high school, IDEA no longer applies. IDEA establishes the Individualized Education Plan, which establishes the services and support for any student with disabilities.
The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 are also critical for establishing and protecting the rights of students and individuals with disabilities. The ADA applies to all Americans and any organization or building open to the public, including most private schools. Section 504, which predates IDEA, established 504 Plans, which are used alongside IEPs.
In New Jersey, Ridgewood Public Schools has a good summary of 504 Plans and how to qualify for a 504 Plan. This overview should apply even to students who attend one of the state's other 700 public school districts.
Common Terms
Least restrictive environment, reasonable accommodations, and free appropriate public education are three terms that regularly pop up in conversations about special education.
Least restrictive environment (LRE) encourages schools to place students in general education classrooms as much as possible and when it is a student's best interests.
Reasonable accommodations might also be referred to as effective accommodations. School districts must provide students with accommodations, services, and support that adjust a student's education. These accommodations should not place an undue burden on the school or other members of the school community.
As stated in the introduction, all students have the right to a free appropriate public education (FAPE). This right applies to grades K-12 and includes accommodations for students with disabilities. For students with disabilities, this also includes having an IEP.
State Resources
The New Jersey state website has several resources about special education for both families and students. Students can benefit when their families are proactive in using these resources. As special education covers a wide range of conditions and services, even the best-meaning school staff may not be familiar with current best practices for every disability.
For those looking for more in-depth information, the Department of Education's Office of Special Education has multiple pages on statewide initiatives. These include:
- The Parental Rights in Special Education (PRISE) guide provides families with an overview of the services, support, and procedures available in the state.
- An IEP Development and Resources, which includes sample IEPs and other forms, resources, and documents.
- E-learning opportunities provide overviews on subjects such as autism, assessment, and post-school transition.
- Learning Resource Centers (LRCs) are similar to libraries with a specialty of materials and resources about disability in education. They do require a minimal annual membership cost for full access.
- The New Jersey Youth Resource Spot has a dedicated section for education. While the page doesn't discuss special education, it does provide a simplified overview of IEPs. Similar to a FAQ, the page answers common questions about IEPs, such as the cost (free) and how to qualify.
- While each public school district has its own SEAC, the NJ State Special Education Advisory Council (NJ-SSEAC) focuses on state-level policies and procedures. Meetings are open to the public, and any member of the public may submit comments.
Reviewing these examples ahead of an IEP meeting can be especially useful. Parents and guardians will be more familiar with the documents, current best practices, and what to expect. By being able to take a more active role in the meeting, they increase the possibility of crafting an IEP that better supports their student.
Special Education Parent Advisory Groups (SEPAG)
In Jersey, all public school districts have a Special Education Parent Advisory Group (SEPAG). Despite the name, any member of a community may join SEPAG, including current and former students. The SPAN Parent Advisory Network publishes a guide about SEPAGs.
Discipline Report
New Jersey released a report on the use of discipline in its public schools in Summer 2023. According to the report, students with disabilities were 1.7 times more likely to be suspended than students who do not have disabilities.
In response to these findings, the state's Division on Civil Rights and the Department of Education published a guide for public schools on how to enforce disciplinary rules and codes of conduct in a non-discriminatory manner.
In addition to the report, the state made several other related resources available. This includes a compliance checklist and an overview of the policies that tend to have a disparate impact on certain students.
As students with disabilities are more likely to be subject to discipline, this report can be useful for parents and guardians if and when they disagree with a school's disciplinary action. If your child is having discipline issues, you may wish to ask if the school is implementing NJ's recommended changes. If a school is not, you may want to ask for the reasons these changes have not been implemented, especially if it would affect how your child is disciplined.
Student Discipline and the New Jersey Law Against Discrimination
Schools may not follow recommended disciplinary procedures in an IEP or insist circumstances require them to use different disciplinary methods. Families do have recourse if and when unapproved or excessive discipline occurs.
The 2023 report points out that The New Jersey Law Against Discrimination (LAD) includes a ban on discrimination based on protective characteristics, such as disabilities. If families believe a school is discriminating against their student on the basis of the student's disability, they have two legal claims under LAD:
- Differential treatment occurs when either a policy or the enforcement of that policy treats students differently as a result of their disability
- Disparate impact happens when a seemingly neutral policy or action disproportionately affects students with disabilities than those without disabilities
If Families wish to make a claim under LAD, they should contact the Education Law Team at the Lento Law Firm. Our practice area extends to defending students who are unjustly disciplined, and we work with families nationwide whose children are punished as a result of their disability.
Other Special Education Options
The majority of students with disabilities participate in special education services through their home school. They will also spend most of their school day in general education classrooms.
This practice, known as least restrictive environment (LRE), is common in special education. LRE is based on the belief, backed by research, that most students benefit from being part of the general school community.
Depending on their disability, the severity of their disability, and what support they require, some students may benefit from more specialized education. Recognizing this, New Jersey offers families a directory and educational options above and beyond general education classrooms and schools.
College-Operated Programs
New Jersey authorizes public colleges to operate programs for students with disabilities. While these schools must abide by federal law, they set their own tuition requirements.
Rutgers University, for example, operates the Douglass Developmental Disabilities Center (DDDC). Founded in 1972, DDDC works with students and adults who are on the autism spectrum.
The university also offers the Rutgers Day School. This program focuses on students with “significant psychiatric concerns,” and referrals are made through the student's home school district. Families must also submit a student's most recent IEP as part of the application process.
Special Services School Districts
For students who need support above what a general education school can provide, New Jersey has eight special services school districts. These schools generally admit students with severe and/or multiple disabilities.
The eight SSSDs are:
- Atlantic County
- Bergen County
- Burlington County
- Cape May County
- Gloucester County
- Mercer
- Salem
- Warren
Admission to these schools is through a student's home school district. These schools will also work with local school districts to provide resources and support for students who continue to attend their home district.
Dynamic Learning Maps
New Jersey is one of over a dozen states that are currently in partnership with the University of Kansas as part of the Dynamic Learning Maps (DLM) Consortium. The goal of DLM is to assess students with significant cognitive disabilities who do not benefit from other state assessments. Using DLM, schools, and families have a way to track progress and set expectations and goals for a student.
In New Jersey, public schools may test a maximum of one percent of its population using DLM. Orange Public Schools offers a good example of DLM assessment results.
Types of Services
School districts have no obligation to provide students with all possible accommodations. Different districts may offer different services that all meet federal and state requirements.
This is one reason why moving and other transitions can be difficult for students with disabilities. In addition to being in a new environment, students may have to adjust to new modifications and adjustments to their services and support.
Millburn Township Public Schools provides an overview of its special services programs. Recognizing how difficult change can be for some students with disabilities, this includes a variety of transition services.
Families should remember that disability should never be based on a student's disability but instead on the student. West Windsor-Plainsboro Regional School District emphasizes this on the front page of its special services website. The district offers a wide array of services but reminds families that all programs and services should be based on the individual student and what is in their best interests.
The Right to Special Education
All children have the right to a free education. For those who have a disability, this right extends to accessing special education services. New Jersey offers a variety of resources above and beyond federal requirements.
The Lento Law Firm works with families from communities large and small to advocate for their students and help their students access all of the opportunities they have a right to under federal and state law. Contact us online or at (888) 535-3686.
