Common Ground is committed to informing families and guardians about parental rights and special education advocacy.
In this and upcoming editions we will share a series of basic and important special education topics on the rights, responsibilities, administrative processes, and legal remedies parents and students may encounter, and to which they are entitled.
Every child with a disability that impacts their ability to learn in the United States is entitled to a “free and appropriate public education” (FAPE) in the least restrictive environment (LRE). That right is legally guaranteed by the Individuals with Disabilities Education Act, commonly called the IDEA (20 U.S.C. Sec. 1400, et sec., and its implementing regulations 34 C.F.R. Sec. 300.1, et Sec.). The law ensures that children with disabilities receive special education and related services that make it possible for the student to make “meaningful” educational progress. It also ensures they are able to participate in non-academic classes and activities and can access the general curriculum to the maximum extent appropriate.
IDEA provides services to children and their families, including early intervention services for infants and toddlers, birth through age 2, and special education and related services for children and youth ages 3 through 21.
IDEA provides specific eligibility requirements, timelines and procedural rules for both parents and school districts around the process of providing special education services. The U.S. Department of Education issues the law’s associated regulations, which govern how the IDEA is to be implemented nationwide.
A second federal law, “Section 504” of the Rehabilitation Act of 1973 (29 U.S.C Sec 794) more broadly entitles children with disabilities to educational programs, services and accommodations. Students with disabilities who do not qualify for services under IDEA may be able to qualify for services under Section 504.
Special education and related services, and all accommodations provided to eligible students under these federal laws and regulations, are provided at no cost to parents or families.
All states, including New Jersey, also implement their own local regulations further governing the delivery of special education and related services for children with disabilities. In New Jersey those regulations are found at N.J.A.C. 6:14.
Resources
- New Jersey Special Education Advocacy Guide, Disability Rights New Jersey.
- The Right to Special Education in New Jersey, Ed. 2; Education Law Center.
- Parental Rights in Special Education (PRISE), 2019; New Jersey Department of Education, This is the procedural safeguards statement required in accordance with New Jersey Administrative Code (N.J.A.C.) 6A:14-2.3(g)7. An updated edition of NJ’s PRISE document is expected in 2023.
- NJDOE IEP Special Education Directories, New Jersey Department of Education, Office of Special Education. Various directories of approved agencies and clinics, bilingual child study team professionals, approved transition programs, approved private schools for students with disabilities (in state and out of state), and more.
- NJDOE IEP Development and Resources, New Jersey Department of Education, Office of Special Education. Various IEP templates and procedural forms.
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