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Parent & Student Resources for S3434

NJ DOE Guidance on Providing Additional Compensatory Special Education and Related Services to Students with Disabilities
What Special Education Parents Need to Know about S3434

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): osepdisputeresolution@doe.nj.gov

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: specedombudsman@doe.nj.gov

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