Back by request, Common Ground is re-printing this important story last run in 2021.
New Jersey law, P.L.2021, c.109 (sometimes referred to by its Senate bill number, S-3434) requires boards of education to provide special education and related services to certain students exceeding the age of eligibility whose learning was adversely impacted by the COVID-19 Pandemic. Click here to read the law.
Q: Who is still eligible for an added year of special education?
A: Students who will turn 21 before June 30, 2023 can get another year of special education and related services—including transition services—if the IEP team agrees that the student needs additional or compensatory services.
Q: My child is eligible and I think they need another year of services. What can I do?
A: Write a letter to your Child Study Team (CST) case manager. Ask for an IEP meeting. Tell them you believe your child needs another year of services. Tell them about the law and share this fact sheet. Do not allow your child to take a diploma and do not sign paperwork to allow your child to graduate.
Q: How can I demonstrate that my child needs more services?
A: The pandemic affected every aspect of education, related services, and instruction. It limited access to community-based learning, job training, mobility training, and other transition services. Some students did not benefit from virtual instruction. Some students experienced mental health issues, increases in behavioral issues, loss of skills (regression), and other difficulties. Think about how YOUR child has been affected and bring those concerns to the CST in writing.
Q: What services can be provided during the added year?
A: All of the services, supports, and accommodations in a student’s IEP—including transition services such as community-based instruction, transportation, and related services—can be provided. New services can also be added to address regression and other issues that developed during the pandemic.
Q: How is the decision about an extra school year made?
A: Students who turn 21 on or before June 30th 2023 are eligible for an extra year of services as long as the IEP team—which includes the parent—agrees that the student needs additional or compensatory special education and related services, including transition services.
Q: How are these services funded?
A: Parents cannot be asked to pay for these services. Services will be paid for with funding from federal programs set up to address the impact of the pandemic. If these funds do not cover the costs, the State will reimburse school districts.
