Due Process and Special Education Services

Apr 10, 2014 | Guardianship, Special Education

When most people hear the term “due process,” they think of a person’s right to a trial before receiving punishment for a crime. However, in our legal system, due process means that people have a right to be heard before the government can take away any right granted by the Constitution or by statute.

Because schools are government agencies — and the Individuals with Disabilities Education Improvement Act (IDEIA) gives special rights to children with disabilities and their parents — parents are entitled to due process when they disagree with school districts or other agencies about what services their children should receive.

Under New Jersey’s IDEIA Part B programs, the parent’s right to due process manifests in several ways:
  • Written notice — Parents are entitled to receive written notice in advance when school officials intend to take certain actions regarding their children. This is true prior to initial evaluations, IEP meetings and changes to the IEP.
  • Participation — A parent has a right to be present and participate in IEP meetings.
  • Consent — A parent must consent before a school can take many actions regarding a child. A parent can withdraw consent at any time. The only limitation is that a parent cannot withdraw consent for only part of an IEP. The withdrawal must apply to the entire program.
  • Resolution of disputes — When parents disagree with a portion of their children’s IEPs or proposed changes made by the school district, they have the right to a due process hearing wherein the dispute is submitted to an impartial administrative law judge of the New Jersey Office of Administrative Law. Alternately, a parent may request mediation in which a neutral facilitator attempts to broker an agreement between the parties without making a binding decision.

If you disagree with your school district about the contents or implementation of your child’s IEP, a New Jersey special education attorney could be an invaluable ally.



Contact us now

For a Private Consultation

Latest Blog Posts

March is National Disabilities Awareness Month

Why We Celebrate People with disabilities were once relegated to the classroom at the end of the hallway or dumped into institutions where they stagnated, their unique skills and abilities unrecognized and undeveloped. President John F. Kennedy in the 1960’s brought...

What Age Should I Start Creating an Estate Plan?

A big part of being an adult is anticipating and preparing for your own future, even when that means thinking many decades ahead. Given this fact, every legal adult should have an estate plan. Even if you don’t yet have much in the way of assets or financial...

Estate Planning: Who, Me?

What Is Your Estate? Your estate is made up of all your assets minus all your liabilities. Your assets may include:   Real estate, including your home, rental property, or land Checking and savings accounts Stocks, bonds, or other investments Pensions Annuities...

Congress Approves Nearly $2 Billion for Autism

The Autism Collaboration, Accountability, Research, Education and Support (Autism CARES) Act has been extended for five years. What It Means The five-year extension of this federal law creates a pathway for $1.95 billion to be spent with the funds will going toward:...

Categories

Year Published