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Home > Resource Library > Post > Page 2

The Advocate Oak Blog

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Education

Special Education Self-Advocacy Guide

Disability Rights New Jersey understands that the Individuals with Disabilities Education Act is a complicated law. We created this self-advocacy guide to help families of students with disabilities understand their rights and procedures established by the IDEA. This guide covers various topics that include eligibility, evaluations, discipline, transition, and dispute resolution.

https://disabilityrightsnj.org/wp-content/uploads/New-Jersey-Special-Education-Advocacy-Guide.pdf

https://disabilityrightsnj.org/wp-content/uploads/Spanish-New-Jersey-Special-Education-Advocacy-Guide-2.pdf

Preschool Special Education

Preschool students with disabilities can receive special education services under the Individuals with Disabilities Education Act. The rules are unique for preschool students with disabilities in terms of eligibility and services under the IDEA. This publication serves as a guide to help parents navigate through the special education process for these particular students.

https://disabilityrightsnj.org/wp-content/uploads/Preschool-Guide-FAQ-revised-December-2022-1.pdf

https://disabilityrightsnj.org/wp-content/uploads/Preschool-Guide-Spanish.pdf

The Special Education and Juvenile Justice Project

https://disabilityrightsnj.org/wp-content/uploads/SPED-JJ-Project-7.pdf

Parent and Student Resources for SS3434

https://disabilityrightsnj.org/wp-content/uploads/NJDOE-Guidance-on-ImplementingPL2021c109-ProvidingAdditionalorCompensatorySpecialEducationandRelatedServicestoStudentswithDisabilities.pdf

https://disabilityrightsnj.org/wp-content/uploads/S3434-Fact-Sheet-Updated-July-7-2021.pdf

Restraint and Seclusion in Schools

https://youtu.be/7eyD3uGNupA

Toolkit for Students with Life-Threatening Medical Conditions

Many students in New Jersey have medical conditions that are potentially life-threatening such as asthma, epilepsy, diabetes, and food allergy. Public and non-public schools in New Jersey are required to have policies that establish a safe and healthy learning environment for students with life-threatening medical conditions.

Schools typically offer Individualized Health Plans and Section 504 Plans to address life-threatening medical conditions. Disability Rights New Jersey has published this user-friendly toolkit that explains the differences between those two plans and why some schools inappropriately propose an Individualized Health Plan instead of a 504 Plan. This toolkit also provides guidance to help advocate for the right type of plan for the student.

https://disabilityrightsnj.org/wp-content/uploads/TOOLKIT-students-w-health-revised.pdf

Relevant Contacts and Sources of Information

NJ Department of Education, Office of Special Education Policy and Dispute Resolution (formerly Office of Special Education Programs) (SPDR or OSEP)

Dominic Rota, Director

Phone: (609) 376-9060
Fax: (609) 984-8422

Email for submission of due process petitions only (attached in PDF format): [email protected]

NJDOE’s Parental Rights in Special Education (PRISE):

English version (revised 2019) https://www.nj.gov/education/specialed/form/prise/FullPRISE.pdf

Spanish version (revised 2016) https://www.nj.gov/education/specialed/form/prise/prise_s.pdf

NJDOE forms available at:

https://www.nj.gov/education/specialed/due/ or https://www.nj.gov/education/specialed/form/

(Request for Due Process/Mediation in English and Spanish, Request for Emergent Relief in English and Spanish, Certification in Lieu of Oath in English)

Office of Administrative Law (OAL)

Newark Phone: (973) 648-7136

Trenton Phone: (609) 689-4034

Other numbers:

https://www.state.nj.us/oal/contact/phone/

https://www.state.nj.us/oal/contact/fax/

Federal Statute and Regulations

Individuals with Disabilities Education Act (IDEA), 20  U.S.C. 1400 to 1482

IDEA regulations, 34 C.F.R. Part 300

Both available at: https://sites.ed.gov/idea/statuteregulations/

Section 504 of the Rehabilitation Act, 29 U.S.C. Sec. 794

Section 504 regulations pertaining to elementary and secondary education, 34 C.F.R. Part 104

Court Cases

Most are available at: https://scholar.google.com/

New Jersey Office of Administrative Law (OAL) Decisions

OAL decisions available at: https://www.nj.gov/education/legal/specialed/index.shtml   [2018 to present] and https://njlaw.rutgers.edu/collections/oal/ [up to February 2020]

New Jersey Administrative Code

N.J.A.C. 6A:14, New Jersey’s special education regulations: 

https://www.nj.gov/education/code/current/title6a/chap14.pdf

N.J.A.C. 1:1, New Jersey’s administrative hearing rules: 

http://www.lexisnexis.com/hottopics/njcode/


United States Education Department COVID Guidance

Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak, USDOE (March 12, 2020) https://sites.ed.gov/idea/files/qa-covid-19-03-12-2020.pdf

United States Education Department: Office of Civil Rights COVID Guidance

Fact Sheet:  Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students, USDOE Office for Civil Rights (March 16, 2020) 

https://www2.ed.gov/about/offices/list/ocr/docs/ocr-coronavirus-fact-sheet.pdf

Supplemental Fact Sheet:  Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities, USDOE Office for Civil Rights (March 21, 2020)

https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/Supple%20Fact%20Sheet%203.21.20%20FINAL.pdf

New Jersey Department of Education Guidance 

Updates and Frequently Asked Questions Related to COVID-19 School Closures, NJDOE (March 23, 2020)

https://www.state.nj.us/education/topics/COVID19%20Frequently%20Asked%20Questions%20(FAQ)%20Related%20to%20School%20Emergency%20Preparedness%20Plans.pdf

Providing Special Education and Related Services to Students with Disabilities During Extended School Closures as a Result of COVID-19, NJDOE (April 3, 2020)

http://www.matheny.org/wp-content/uploads/2020/04/Broadcast-Providing-Special-Education-and-Related-Services-to-Students-with-Disabilities-During-School-Closures-as-a-Result.pdf

New Jersey Specific Guidance for Schools & Districts (Updated April 13, 2020)

https://www.nj.gov/education/covid19/sped/guidance.shtml

Parental Waivers for the Delivery of Remote or Virtual Special Education and Related Services, NJDOE (April 30, 2020) 

https://www.nj.gov/education/broadcasts/2020/apr/30/Parental%20Waivers%20for%20the%20Delivery%20of%20Remote%20or%20Virtual%20Special%20Education%20and%20Related%20Services.pdf

Providing Additional Services for Students with Disabilities Who Will Graduate or Exceed Eligibility for Special Education Services, NJDOE (June 12, 2020)

https://www.nj.gov/education/broadcasts/2020/jun/12/Providing%20Additional%20Services%20for%20Students%20with%20Disabilities%20Who%20Will%20Graduate%20or%20Exceed%20Eligibility%20for%20Special%20Education%20Services.pdf

Restart and Recovery Plan for Education: The Road Back, NJDOE (June 2020)

https://www.nj.gov/education/reopening/NJDOETheRoadBack.pdf

Clarifying Expectations Regarding Fulltime Remote Learning Options for Families in 2020-2021 (July 24, 2020)

https://nj.gov/education/reopening/updates/docs/7.24.20%20RtR%20Fulltime%20Remote%20Update.pdf

S 3434 and Related Parent Webinars 

S3434: https://www.njleg.state.nj.us/2020/Bills/S3500/3434_R2.PDF

Related Parent Webinars sponsored by VLJ/ELC/NJCDD/SPAN:

Recording of June 15 Parent Webinar: Filing Due Process and Invoking Stay-Put When You Disagree With Your Child’s Graduation

https://vimeo.com/563318478/fbdfb34936

(includes detailed information on filing a due process petition).

Recording of June 16 Parent Webinar: Filing Due Process and Invoking Stay-Put When You Disagree With Your Child’s Graduation

https://vimeo.com/564116627/6a5603e608)

(modified from prior webinar to address signing of S3434). 

ELC Publications

“The Right to Special Education in New Jersey: A Guide for Advocates” (2008)

English version: https://edlawcenter.org/assets/files/pdfs/publications/Rights_SpecialEducation_Guide%20TL.pdf

Spanish version: https://edlawcenter.org/assets/files/pdfs/publications/The%20Right%20to%20Special%20Education%20-%20Spanish%20Translation%20TL.pdf

“COVID-19 and Students with Disabilities: Frequently Asked Questions”

English version: https://edlawcenter.org/assets/files/pdfs/publications/COVID_19_and_SWD_FAQ_3rd_Ed_Dec.pdf

“What Special Education Parents Need to Know Now That S3434 Has Been Signed” (July 7, 2021)

https://edlawcenter.org/assets/files/pdfs/publications/S3434%20Fact%20Sheet%20Updated%20July%207%202021%20CORRECTED%20FINAL.pdf

Special Education Ombudsman

Resource to provide information and support to parents, students and educators regarding special education rights and services. 

https://www.nj.gov/education/specialed/ombudsman/

Cynthia Hoenes-Saindon, Ombudsman
Phone: 609-376-9060  Fax: 609-984-8422
Email: [email protected]

Accessing Services in the Community

Medicaid

Medicaid is a joint federal and state program, together with the Children’s Health Insurance Program (CHIP), provides health coverage to Americans, including children, pregnant women, parents, seniors, and individuals with disabilities. In New Jersey, Medicaid is known as NJ FamilyCare. Medicaid is more than just heath insurance coverage; Medicaid also provides home and community-based supports and services that ensure individuals with disabilities can remain in their homes and out of institutions.

Medicaid Eligibility Basics

Learn about Medicaid eligibility bought to you by Disability Rights New Jersey and the New Jersey Council on Developmental Disabilities.

This webinar was updated in March 2024 and identifies benefits available to Medicaid Eligibility Groups and may help you understand the legal requirements for review of all possible eligibility before termination. Find the most current information available at this link.

How to Appeal a Reduction, Termination or Denial of Managed Care Services

Through our webinar, you’ll learn about the process to appeal a reduction, termination, or denial of Medicaid services delivered through a Managed Care Organization. This material will help you preserve Medicaid benefits by advocating for yourself and others.

Medicaid Fair Hearings: Your Right to Appeal a Termination

For the first time since March 2020, the NJ Medicaid program (also known as DMAHS or NJFamilyCare) will begin terminating benefits for people who it thinks do not meet the eligibility standards. While NJ Medicaid reviewed eligibility during the pandemic, it did not terminate anyone’s benefits because of the federal COVID-19 public health emergency. Starting in April 2023, NJ Medicaid will resume mailing termination notices for people it finds ineligible for continued coverage.

If you get a termination notice and disagree, you must act fast to preserve your rights! This webinar will give you the information you need to:

Medicaid Renewals and Helpful Solutions

During the Public Health Emergency we know as the COVID-19 Pandemic, individuals receiving Medicaid could not be terminated between March 2020 and April 2023, even if their circumstances changed, such as additional income or higher resources. Beginning in April 2023, the state Medicaid agency began a year-long process of Medicaid renewals for more than 2 million Medicaid beneficiaries, and for the first time since the beginning of the Public Health Emergency, people who were no longer eligible were terminated.

As soon as this began Disability Rights NJ was there, representing clients who were threatened with Medicaid termination, helping them untangle their individual Medicaid renewal situations and working to ensure continued Medicaid coverage. Now halfway through the renewal year, many lessons have been learned that we share with you in our webinar: Medicaid Renewals: Lessons Learned and the Five Helpful Solutions Webinar

NJ WorkAbility Updates

NJ WorkAbility, also known as a Medicaid Buy-in, is a Medicaid program that offers individuals with disabilities, who are employed either full-time or part-time, whose income would otherwise make them ineligible for Medicaid, the opportunity to receive full Medicaid coverage.

Our webinar NJ WorkAbility Updates and Implementation Webinar from September 2023 provides information about NJ WorkAbility, including current changes and the next steps that are being planned.