Special Education Assistance in New Jersey
Laura González fights to protect your child’s right to a free and appropriate public education.
Why you may be here
- You suspect your child might have a disability.
- You already know that they have a disability and you are trying to secure an education that meets their needs appropriately.
- You are negotiating with or are in dispute with your school district (District) over special education and related services.
- You believe your child will be more appropriately served by attending a school outside of your home district.
- You want to transfer your child directly to one of certain private schools and then seek tuition reimbursement from the District.
- Your child does not require special education, but does require certain accommodations.
Wherever you find yourself, you are seeking the Free Appropriate Public Education (FAPE) for your child that you are legally entitled to.
A FAPE is guaranteed to children with disabilities under the Individuals with Disabilities Education Act (IDEA).
IDEA applies to children with “intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities.”
Protect your child’s right to a fair education — starting today.
Special education classifications
New Jersey Law recognizes the following 14 legally defined categories of disabilities potentially eligible for special education services (each of the following categories is defined here). Please see this resource from the Center for Parent Information & Resources as well. Please note that a disability alone does not make a child eligible for special education services – the disability must also “adversely affect the student’s educational performance.”
I can tell you from personal experience that being classified accurately is essential, as this determines the services your child receives and your child’s school setting.
I can help you by knowing what to ask and identifying the supporting evaluations and documentation. And equally importantly, understanding the consequences of different classifications.
Here are the 14 legally defined categories of disabilities potentially eligible for special education services:
1. Auditory impairment
2. Autism
3. Intellectual disability
4. Communication impairment
5. Emotional regulation impairment
6. Multiple disabilities
7. Deaf/blindness
8. Orthopedic impairment
9. Other health impairment
10. Preschool child with a disability
11. Social maladjustment
12. Specific learning disability
13. Traumatic brain injury
14. Visual impairment
When the District school isn’t appropriate
Placing your child outside of the District
The classified child’s school may not always be best equipped to provide a child with a FAPE and meet the child’s needs appropriately. A school’s inability to provide a child with a FAPE does not obviate the school’s obligation to provide a FAPE. A child may need to attend a specialized private school as a result. This is called an “out-of-district placement”.
Although the school and parents may agree on the need for an out-of-district placement, they often do not, at least not initially. Although parents may come to an agreement with the school without filingfor due process, they may also find that they need to do so after.
There are two categories of schools that children attend through out-of-district placements. First, there are schools for children with disabilities that are approved by the New Jersey Department of Education (NJDE) . Secondly, when neither the home district nor the NJDE schools would be suitable and provide a FAPE, children with disabilities may, at the be placed in a non-district and non-NJDE private school under the Naples Act (N.J.S.A. 18A: 46-14) at the District’s expense.
The process of obtaining an out-of-district placement can be challenging, requiring extensive conversations and negotiations with the school district, extensive medical and educational evaluations and documentation. These placements are often negotiated, but may also require litigation.
I can help you navigate this process, including making the case to and negotiating with the District. This includes being clear and focused in objectives and carefully gathering and obtaining and presenting supporting documentation, including evaluations and assessments.
Unilateral Placements
A parent may, at their own expense, decide to unilaterally place their classified child in a private school if, in their view, the District is not providing FAPE, and then seek tuition reimbursement from the District. This requires a determination from an Administrative Law Judge that the District did not provide a FAPE and the new school does.