New Jersey's education system is diverse. It includes school districts like Cherry Hill and some of the largest universities in the country, such as Rutgers, which has nearly 70,000 students from across the world. These institutions educate hundreds of thousands of students, from preschoolers to doctoral students.
However, beneath the surface of academic pride, many students and their parents encounter significant hurdles to get the education they deserve. For example, a high schooler in Princeton might face an unwarranted suspension for behavior caused by a disability. A college student at Seton Hall could grapple with a denied accommodation to which they are entitled. What might initially appear to be a minor decision can snowball into missed semesters, tarnished records, or stunted opportunities.
In New Jersey, several distinct bodies regulate schools. The New Jersey Department of Education (NJDOE) oversees K-12 public schools. Universities, such as Montclair State or Rowan University, usually operate under their own governance boards. Almost all schools, colleges, and universities are also accountable to federal laws and the U.S. Department of Education's Office for Civil Rights (OCR).
When one of these bodies investigates, it often means formal inquiries, sanctions, or legal battles. The process varies by level. For example, K-12 hearings and investigations are strictly governed by state statutes. In contrast, college boards have lots of discretion to create and enforce their own policies.
The education lawyers at the Lento Law Firm can help your student exercise their right to a quality education. Our team confronts these issues and advocates on behalf of students and their families daily. Whether it's a middle schooler in Westfield or a grad student in Jersey City, we protect rights and preserve futures. Call the Lento Law Firm at 888.535.3686 or contact us on our online form to secure the representation you need.
New Jersey's Governing Bodies for Education
The New Jersey Department of Education (NJDOE), led by the Commissioner of Education, is responsible for governing most K-12 schools in New Jersey. New Jersey law empowers the NJDOE to set educational and discipline standards.
The NJDOE has the legal authority to ensure that schools and school districts support student development. The NJDOE can investigate alleged violations of state and federal law. They can order schools to implement corrective measures. Additionally, the New Jersey Office of Administrative Law can hold hearings to keep school districts accountable.
Higher education is a different beast. Public universities like Rutgers or The College of New Jersey answer to the Office of the Secretary of Higher Education. However, universities, both public and private, have more leeway than K-12 schools to craft their own policies and governing structures. For example, each campus crafts its own conduct codes.
Private institutions, such as Princeton and Fairleigh Dickinson, can operate even more independently than public universities. At private universities, denied accommodation or a negative outcome at a disciplinary hearing has limited appeal options. Typically, appeals rarely extend beyond the institution. When initial appeals are unsuccessful at the institution level, the skilled education attorneys at the Lento Law Firm have experience successfully getting universities to comply with federal education and disability laws.
Special Education & Disability Rights: Compliance Under Pressure
New Jersey schools and colleges must adhere to federal laws. These laws include the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA).
For K-12, the NJDOE is responsible for ensuring that districts deliver a Free Appropriate Public Education (FAPE). Unfortunately, compliance can be hit and miss. A child in Marlboro Township might not be evaluated for a special education plan within the 60-day time limit established by New Jersey's special education laws.
The NJDOE monitors K-12 compliance, launching investigations if districts deny services. For example, if a school fails to provide a disabled student with appropriate speech therapy, the NJDOE could force the school to provide the therapy or face budget cuts.
On the other hand, OCR is responsible for enforcing disability laws in universities. OCR might launch a probe if a school like Seton Hall denies extended time on exams for a student who needs them. Probes might eventually result in lawsuits to force the universities to change their policies.
The Lento Law Firm's education lawyers fight to hold these institutions accountable. We negotiate with schools to help students with disabilities get the special education they deserve. Additionally, we file complaints with NJDOE or OCR if schools refuse to comply with the law. Our team has a successful track record of helping New Jersey students receive what is owed to them under federal and state law.
Individualized Education Programs (IEPs) & 504 Plans: Securing What's Due
Under IDEA, the NJDOE mandates IEPs for students needing specialized instruction. For example, a dyslexic teen in Princeton might require reading aids. Section 504 Plans are broader than IEPS, covering accommodations like extra breaks for a diabetic child in West Windsor. Universities are not bound by IDEA. However, they must still provide “reasonable accommodations” under the ADA.
The process starts with evaluation. For IEPs, New Jersey law demands that schools assess within 60 days of parental consent. After the initial assessment, schools must draft plans detailing what services they can provide to accommodate the disability. Colleges handle requests using their own policies. However, failing to accommodate a disability might lead to violations of federal law.
It is important that students receive all the accommodations they are entitled to. Even if a student is provided an accommodation, it is important that the accommodation adequately addresses the disability. For example, an IEP in Edison might omit promised tutoring, leaving a child behind. The education lawyers at the Lento Law Firm review plans, appeal denials, and press for full implementation.
Discipline & Expulsions: Facing New Jersey's Strict School Sanctions
Disciplinary actions in New Jersey's education system can be strict. Additionally, the consequences are often disproportionate to the offense. At the K-12 level, schools often inflict severe discipline with little, if any, warning or due process. For example, a suspension of up to 10 days requires only informal notice, typically a letter sent home. If the parents want to appeal, they have to move fast.
Colleges typically set their own policies regarding student discipline. Rutgers University's Code of Student Conduct outlines offenses like academic dishonesty that trigger meetings with Student Affairs within days. However, the process varies. Some universities handle discipline informally, while others like Rutgers have very detailed disciplinary processes. Outcomes can include academic probation, suspension, or even degree revocation. This can delay graduation by a semester or more due to rigid academic calendars. For those whose degrees are revoked, the consequences can be life-altering.
Schools often overstep their bounds and over-penalize students. A zero-tolerance drug policy might expel a teen for having a vape cartridge. A vague “disruptive behavior” charge at The College of New Jersey could see a student be suspended and have their graduation delayed a year or more.
The NJDOE can investigate K-12 cases, potentially reversing decisions or mandating retraining. Universities face OCR scrutiny, risking federal sanctions. But these investigations are often not enough. By retaining the team of education lawyers at the Lento Law Firm, you hire attorneys who challenge these actions, scrutinize procedures, negotiate with NJDOE or campus officials, and fight to keep your student's education on track.
Bullying & Harassment: Confronting New Jersey's Schoolyard Threats
Bullying and harassment occur in almost all New Jersey schools. A middle schooler in Westfield might endure taunts over their clothes, while a freshman at Rutgers faces sexual harassment in co-ed on-campus housing. Anti-bullying laws mandate K-12 districts investigate complaints within 10 school days. Additionally, each school must designate an anti-bullying specialist. If schools fail to resolve bullying issues, the NJDOE can review the case and order staff retraining or discipline.
Colleges fall under federal Title IX, enforced by OCR. A sexual harassment claim at the New Jersey Institute of Technology prompts a Title IX coordinator's investigation, typically within 60 days. Additionally, New Jersey law permits state authorities to investigate allegations of gender, race, and disability-based bullying in both K-12 and higher education.
If an institution fails to act, it risks NJDOE audits for schools or OCR sanctions for universities. These audits and sanctions can result in funding cuts or lawsuits. However, victims are always the ones who suffer the most. Unfortunately, they often are faced with plummeting grades, withdrawal from activities, or abandoning education entirely.
The education lawyers at the Lento Law Firm press for justice. We file NJDOE or OCR complaints. If the authorities launch a probe into your child's school, we consistently follow up to ensure the investigation is complete and thorough. We also negotiate outcomes with schools and regulators to ensure fair and equitable outcomes. When a school district ignores a bullying report or William Paterson botches a Title IX case, our offices empower you to fight back. Our Education Law Team ensures accountability and safety across New Jersey. By retaining the Lento Law Firm, you take the first step towards securing your student's right to a complete and quality education.
Discrimination Cases: Battling Bias in New Jersey's Schools
New Jersey has some of the most comprehensive anti-discrimination laws in the country. Unfortunately, discrimination persists within education throughout the state. A Black student in River Vale might face harsher suspensions than peers for the same offense, a clear case of racial bias. A transgender undergrad at Kean University could be barred from gender-appropriate restrooms, a violation of Title IX.
Discrimination in schools and universities is prohibited by state and federal laws. For example, New Jersey's comprehensive Law Against Discrimination bans bias based on race, gender, or disability in schools and colleges. The NJDOE oversees compliance in K-12 schools, while OCR monitors universities.
Investigations into discrimination usually begin with complaints. A parent in West Windsor-Plainsboro might report that the school ignored racial slurs, prompting the NJDOE to launch a review. A disability discrimination claim at Montclair State may trigger an OCR probe. The probe might mandate restitution or compliance training.
Noncompliant schools risk losing their accreditation and funding. Universities face lawsuits. Regardless of the outcome, it is the student who suffers the scars of discrimination. They and their parents may feel forced to transfer or suffer emotional distress. The education lawyers at the Lento Law Firm gather evidence, argue before NJDOE or OCR, and litigate when talks falter. Our team does not tolerate discrimination and can help level the odds against institutional legal teams.
Student Rights & Free Speech: Guarding Expression in New Jersey
New Jersey is ranked as the #2 most politically engaged state in the country. This charged political climate can often result in students being disciplined for expressing their views. A high schooler might be suspended for a protest sign, while a student at Rowan is internally investigated over a TikTok video deemed offensive.
Courts have long held that schools and universities must respect the First Amendment, but they push boundaries. Many schools and universities limit speech that is considered “disruptive.” For example, NJIT prohibits speech that it defines as a “biased act.”
On speech issues, schools and universities rarely change their mind without external pressure. Silenced students lose their voice and First Amendment rights. This is a tragedy, especially in a state renowned for its political activity. The education lawyers at the Lento Law Firm defend these rights. We challenge arbitrary discipline and protect expression in the classroom and on campus.
Trust the Lento Law Firm for Your Education Fight
New Jersey schools have a lot of responsibilities. However, this is not an excuse to abridge a student's right to free speech or a free appropriate public education (FAPE). While NJDOE, university boards, and federal regulators can launch investigations to shift policies, the bureaucratic nature of the process means it is slow. Your student needs more than complaints and investigations; they need decisive action.
The Lento Law Firm's experienced team of education lawyers cut through the red tape and advocate directly for K-12 and college students alike. Your student's education can't wait. Call the Lento Law Firm at 888.535.3686 or fill out our online contact form today. Your student's future demands it.
