The public education infrastructure in New Jersey provides students with specific disabilities access to special education classes and services in order to meet their needs. The purpose of the laws that offer this access is to ensure every student can learn and grow in an appropriate way alongside their peers. Education is essential to every child’s quality of life. Therefore, if you are the parent or guardian of a child who has a disability and attends public school, it’s vital to know the rights you and your child have under state law.
While most school districts, faculty, and staff want to best serve all their students and follow the law, you should know what to do if your child is deprived of their rights at school. This starts with learning how your child’s health condition is legally classified and what kinds of assistance they can and should be receiving during the school day.
Of course, you’ll want an experienced attorney to back you up when meeting formally with school officials. At SGW Law, our team consists of some of the most skilled and compassionate special education lawyers in New Jersey, and we’re always ready to get to work so that your child gets the free public education they deserve. Contact us today or read further below on how students’ conditions are categorized under NJ special education rules.
Auditory Impairment
Auditory impairment refers to any medically significant level of difficulty with hearing, such as reduced auditory capacity, deafness in one ear, and full deafness. Students with an auditory impairment may or may not have any other condition that causes academic difficulties. Many such students just need accommodations such as written lecture materials from teachers in order to succeed.
Autism
New Jersey has some of the highest rates of autism diagnosis of any state in the country. The autism spectrum is a complex array of neurodevelopmental differences which can manifest in many different ways. One commonality tends to be repetitive and inflexible patterns of thoughts and behavior, which can cause difficulties in interpersonal relationships.
Students with autism may require little to no support or may need a comprehensive special education plan. For example, nonverbal students must be allowed to communicate with teachers in some other way, regardless of their class placement.
Since autism affects children in so many different possible ways, it can be very daunting to get your child the assistance they need at school – but the team at SGW Law is here to help advocate for you and guide you through the complicated processes of IEPs and 504 plans.
Intellectual Disability
Intellectual disabilities form another broad array of developmental disorders. All forms of intellectual disability result in impairment in intellectual function and two or more adaptive behaviors (such as grooming, dressing, handling food, or safety awareness). Children who have an intellectual disability usually will score 70 or below on an IQ test and have difficulty with reasoning, planning, memorization, abstract thinking, and other academic skills.
Generally speaking, education for students with intellectual disabilities focuses on developing life skills needed for independence and societal responsibilities. People who have an intellectual disability have had to stand up to be included in public education in the past, and students with these conditions may still face barriers to their rights at school despite New Jersey’s special education legislation.
Communication Impairment
Communication impairment is any difficulty in forming words and expressing them to others that isn’t the result of an auditory impairment. This may be a fluency disorder such as a stutter, a speech sound disorder in which a student can’t pronounce specific phonemes, or something else. Students with a communication impairment may receive speech therapy in a school setting and may also receive other accommodations involving written communication.
Emotional Regulation Impairment
The psychological term “emotional regulation” means the conscious, voluntary reaction to involuntary feelings. A student who has an emotional regulation impairment may have a hard time consciously controlling their behavior in response to their emotions or may feel a disproportionately strong level of emotion. While these symptoms don’t necessarily directly affect the ability to learn, they can indirectly cause students difficulty in many ways.
Students with an emotional regulation impairment may face frequent disciplinary action after outbursts in class, can find it hard to connect with other students and form friendships, and have difficulty concentrating on academics because of their emotional state. Children who are undergoing problems with emotional regulation need both compassion and the help of knowledgeable adults, such as school psychologists.
Multiple Disabilities
Every child’s physical and mental health is different. Some students with one disability may also have the symptoms of one or more others. “Multiple disabilities” is, of course, the broadest disability category of all. This means that students with multiple disabilities all need individualized help for their unique situation, and would particularly benefit from an IEP. SGW Law has a long record of making sure students receive the educational plan they need and that school districts and their employees follow the plan fully.
Orthopedic Impairment
Any health condition that has a significant effect on a student’s ability to move or their musculoskeletal system in general may be considered an orthopedic impairment. Most students with these forms of physical disability just require accommodations so that they can fully participate alongside students who do not have a physical disability.
Other Health Impairment (OHI)
An “other health impairment” is any condition, not considered a disability itself, that nevertheless impacts a student’s experience at school. OHIs can affect a student’s alertness, mental energy, physical stamina, or ability to concentrate, and may include asthma, heart conditions, anemia, ADHD, Tourette’s syndrome, epilepsy, hemophilia, cancers, and others.
Preschool Child with a Disability
Most of the New Jersey special education regulations focus on children who are in elementary school and up. However, in the case of a preschool child with a disability, New Jersey’s early intervention services and special education services for children aged 3 to 5 are available from public school districts.
In particular, a preschool-aged child is considered to have a disability if they have a developmental delay in gross motor skills, fine motor skills, vision, hearing, other senses, communication, intellectual function, or adaptive skills.
Social Maladjustment
Social maladjustment in a school setting refers to a student consistently behaving inconsistently with norms and rules in a way that disrupts learning for themselves and others. Defying teachers’ requests, bullying, and truancy are all examples of social maladjustment, although it’s important to note that behaviors resulting from an emotional regulation impairment do not fit into this classification.
Students exhibiting socially maladjusted behavior are likely undergoing psychological stressors or difficult home life events, and would primarily benefit from counseling and mental health treatment.
Specific Learning Disability (SLD)
A specific learning disability is a condition that affects a student’s academic skills in a particular area. Specific learning disabilities are typically neurodevelopmental disorders and include dyslexia (affecting the ability to write), dysgraphia (affecting reading), dyscalculia (affecting arithmetic skills), and many others.
Students with a specific learning disability may excel in all other areas in their schooling except for the one affected. Accommodations for specific learning disabilities ideally may include individualized attention and therapeutic measures to build up the skill impacted by the disability.
Traumatic Brain Injury (TBI)
Traumatic brain injury is distinguished from other health conditions of the brain because it is the result of an external source. A student whose head strikes a hard surface in an automobile accident, for example, may be diagnosed with a traumatic brain injury.
Depending on the areas of the brain that are injured, TBI may present with different symptoms and cause students different challenges at school, so this is a condition that is best addressed with an IEP after testing by medical specialists.
Visual Impairment
While mild visual impairment is very common, requiring only glasses or contact lenses, students with more severe visual impairments are entitled to accommodations in New Jersey schools. For example, students who are blind may receive instruction in braille and audio versions of learning materials so that they can take the same curriculum as their sighted peers.
Reach Out to Our Specials Needs Attorneys in NJ
SGW Law is one of the most well-known names in special education legal matters in New Jersey, and for good reason. We have represented families throughout the state and won significant judgments for many students who just want the accommodations they need to succeed in their education.
Our team of education attorneys has experience advising and assisting children who have a vast array of conditions and their parents, and we have the knowledge you need as you fight for your child’s unique needs to be met at school. Get in touch with us now to speak with one of our special education attorneys about your family’s situation.