Q: What services should the school pay for?
A: Schools must pay for services listed in your child’s Individualized Education Program (IEP). This can include special instruction, speech or occupational therapy, transportation, classroom supports, and assistive technology. In certain cases, when a school cannot provide appropriate services, the district may cover the cost of private therapy.
Q: What if the school says it doesn’t have the money?
A: Lack of funding is not a legal reason to deny services. Under the Individuals with Disabilities Education Act (IDEA), all students with disabilities are entitled to Free Appropriate Public Education (FAPE). If a service is needed for your child to learn and is written into the IEP, the school must provide it.
Q: What can I do if I find my child’s public school IEP insufficient?
A: Remember that you are an equal member of your child’s IEP team. Parents can request an IEP meeting any time, at which point parents can share concerns, ask questions, and request changes. Bringing documentation can help support requests for additional or different services. If the school’s evaluation seems incomplete or inaccurate, parents may request an Independent Educational Evaluation (IEE). The independent evaluator could be another public school district or educational services commission, an approved private clinic or agency, or a private practitioner who is properly certified and licensed.
Q: Are there free advocacy or legal services for special education disputes?
A: Many nonprofit organizations offer free or low-cost advocacy and legal help to families. Parent Training and Information Centers (PTIs) exist in every state and are a good place to start. In New Jersey, SPAN Parent Advocacy Network is a prominent PTI. In addition, the Council of Parent Attorneys and Advocates (COPAA) provides a searchable directory that helps families locate special education attorneys and advocates. The directory allows users to search by location, area of expertise, and the specific services needed, making it easier to find qualified professionals who support students with disabilities and their families.
- Disability Categories & Diagnosed Conditions
- Neurodevelopmental, learning, intellectual, psychological, neurological, sensory, physical, and health-related disabilities formally recognized in educational, medical, or legal contexts.
- Mental Health, Emotional, & Behavioral Conditions
- Emotional, psychiatric, trauma-related, behavioral regulation, and social-emotional conditions that impact educational access, participation, or school functioning.
- Educational Programs, Services, & Interventions
- Special education eligibility, instructional supports, therapies, evaluations, accommodations, and evidence-based interventions provided in early childhood, K–12, or postsecondary settings.
- Education Law, Student Rights, & School Procedures
- Federal and state education laws, civil rights protections, discrimination matters, disciplinary actions, due process, and access to public and higher education.
- Family, Transition, & Long-Term Support Planning
- Family-related legal issues, transition to adulthood, disability benefits, trusts, guardianship considerations, and post-school planning.
Q: Are there state or local programs that help with the costs of private services?
A: Many states (including New Jersey) have specific school-based Medicaid programs like the Special Education Medicaid Initiative (SEMI) for reimbursement of services, such as audiology, nursing, occupational therapy, physical therapy, psychology, and social work.
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