The Right to Special Education in New Jersey - SECOND EDITION - A GUIDE FOR ADVOCATES

Oct 22, 2026

Uploaded by Jiven

Advocacy guide explaining the right to special education for New Jersey children, focusing on a free appropriate public education in the least restrictive environment. Covers legal protections for “special education,” “related services,” inclusion, equal treatment, and participation in nonacademic and extracurricular activities, plus education aligned with core curriculum standards, statewide assessments, and access to a high school diploma. Provides an overview of responsibilities, child study and IEP teams, evaluation and consent processes, eligibility determinations, IEP development and implementation, placement decisions, notices, and challenging district actions.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages108

Reading Time4 h 32 min

AccessFree to download

Introduction

Children Covered by the Law

Responsibility for Providing a Free Appropriate Public Education

Child Study Teams, Case Managers and IEP Teams

Location, Identification and Referral

Parental Requests for Initial Evaluations

Parental Consent for Initial Evaluations

Evaluations and Re-Evaluations

The Right to Independent Educational Evaluations

Eligibility Determinations

Individualized Education Programs

Placements

Challenging School District Actions

The Right to Notice

The Right to Special Education in New Jersey A G U I D E F O R A D V O C A T E S SECOND EDITION Education Law Center Sponsored by New Jersey State Bar Foundation Acknowledgments The original version of this manual was written by Ellen Boylan of the Education Law Center, with assistance from Elizabeth Athos, Ruth Lowenkron and Elisabeth Yap, as well as attorneys at Education Law Center-Pennsylvania. The Second Edition was edited by David Giles, with assistance from Ruth Lowenkron. The law firm of Lowenstein, Sandler graciously donated their services to check all legal citations of the Second Edition. About the Education Law Center The Education Law Center (ELC)1 was established in 1973 to advocate on behalf of New Jersey’s public school children for access to an appropriate education. ELC works to improve educational opportunities for low-income children and children with disabilities through public education, policy initiatives, research, communications and, when necessary, legal action. ELC’s advocacy, which includes such landmark rulings as Abbott v. Burke, has significantly advanced the provision of fair school funding, high quality early education, safe and adequate school facilities, and school reform, especially to schools serving high concentrations of atrisk students and students with disabilities and other special needs. These successes have, in turn, resulted in strong academic gains and progress in closing student achievement gaps in New Jersey. ELC also provides free legal representation to school children who are denied access to an adequate or appropriate public education. The types of cases accepted include: special education, school discipline, school district admissions and other violations of individual student rights. For more information, contact: Education Law Center 60 Park Place, Suite 300 Newark, NJ 07102 973-624-1815 TDD: 973-624-4618 Fax: 973-624-7339 [www.edlawcenter.org](www.edlawcenter.org) © 2008 Revised Edition Education Law Center TABLE OF CONTENTS 1 Introduction ......................................................... 4 Children Covered by the Law ........................................... 4 The Right to a Free Appropriate Public Education in the Least Restrictive Environment ......................................................... 5 The Right to “Special Education” ...........................................5 The Right to “Related Services” ............................................5 The Right to the “Least Restrictive Environment”and “Inclusion” ..................5 The Right to Equal Treatment with Children without Disabilities ..................6 The Right to Participate in Nonacademic and Extracurricular Activities .............6 The Right to an Education in Accordance with the State’s Core Curriculum Content Standards and the Right to Participate in Statewide Assessments ................6 The Right to a High School Diploma ........................................7 Responsibility for Providing a Free Appropriate Public Education ............ 8 Child Study Teams, Case Managers and IEP Teams .......................... 8 Location, Identification and Referral ..................................... 9 Parental Requests for Initial Evaluations .....................................10 Determinations of Whether Evaluations are Warranted .........................10 Parental Consent for Initial Evaluations .....................................11 Referrals for Speech-Language Services Only .................................11 Referrals of Preschool-Age Children ........................................12 Evaluations and Re-Evaluations ........................................ 12 Initial Evaluations ......................................................12 Written Evaluation Reports ...............................................14 Consideration of Non-District Reports and Evaluations .........................15 Ad

FAQs

Who is covered by the right to special education under New Jersey law?

The guide outlines the children covered by the law and the protections provided for access to an appropriate education.

What does the guide say about a free appropriate public education in the least restrictive environment?

It explains the right to a free appropriate public education in the least restrictive environment, including related rights connected to “special education,” “related services,” and inclusion.

How do evaluation, consent, and IEP processes work according to the guide?

The guide describes parental requests and consent for initial evaluations, determination of whether evaluations are warranted, written evaluation reports, eligibility determinations, and the development and revision of individualized education programs.

Oct 22, 2026

Uploaded by Jiven