Accessibility Tools
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
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/S3434-Fact-Sheet-Updated-July-7-2021.pdf
Restraint and Seclusion in Schools
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)
New Jersey Department of Education Guidance
Updates and Frequently Asked Questions Related to COVID-19 School Closures, NJDOE (March 23, 2020)
Providing Special Education and Related Services to Students with Disabilities During Extended School Closures as a Result of COVID-19, NJDOE (April 3, 2020)
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)
Providing Additional Services for Students with Disabilities Who Will Graduate or Exceed Eligibility for Special Education Services, NJDOE (June 12, 2020)
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)
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]