Special Education & Disability Rights

Protecting the Rights of Students with Disabilities in New Jersey

Every child has the right to an education. For students with disabilities, that right includes the legal protections provided under federal and state special education laws. But far too often, those protections are ignored, delayed, or selectively enforced by school districts that fail to meet their obligations. At Student Rights Defense, we provide legal advocacy for families navigating the complex world of IEPs, 504 Plans, and special education law in New Jersey.

We represent students with autism, ADHD, emotional and behavioral disabilities, specific learning disorders, and other qualifying conditions. Whether the issue involves access to services, discipline based on disability-related behavior, or the denial of a Free Appropriate Public Education (FAPE), we are prepared to intervene.

What Schools Are Required to Do—And Often Don’t

Under the Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to a FAPE tailored to their unique needs. The law requires that schools:

• Identify and evaluate students suspected of having a disability (Child Find)
• Develop an Individualized Education Program (IEP) with measurable goals
• Implement appropriate supports, accommodations, and services
• Provide education in the Least Restrictive Environment (LRE)

Yet in many districts, evaluations are delayed, goals are vague, services go unprovided, and students are informally removed from class. These are not just educational failures—they are legal violations.

20 U.S.C. § 1400(d), IDEA Statute

When a Special Education Attorney Becomes Essential

Legal intervention is often necessary when a school:

• Refuses to evaluate a student despite clear signs of struggle
• Ignores or inconsistently follows an existing IEP or 504 Plan
• Suspends or expels a student with a disability without conducting a Manifestation Determination Review (MDR)
• Denies requests for Independent Educational Evaluations (IEEs) at public expense

Families often spend years in IEP meetings without meaningful results. An attorney brings legal leverage, demands accountability, and positions your child for services that match their actual needs—not just what the district is willing to provide.

Understanding IEP Disputes

IEPs are legally binding documents. When a district fails to deliver what it promised—or creates a plan that lacks substance—families have the right to dispute it.

Common IEP issues include:

• Generic or recycled goals that don’t reflect the student’s needs
• Lack of data-driven progress monitoring
• Failure to implement behavioral interventions
• Over-reliance on general education placements without support

We review the full IEP history, consult with evaluators, and advocate for revisions, compensatory services, or formal dispute resolution.

N.J.A.C. 6A:14 – New Jersey Special Education Code

Section 504: Rights Outside the IEP Process

Not all students with disabilities qualify for an IEP. Many are eligible under Section 504 of the Rehabilitation Act. This civil rights law requires schools to provide accommodations and prevent discrimination.

Examples of 504 issues:

• Denying extended time for a student with ADHD or anxiety
• Excluding a diabetic student from field trips due to medical needs
• Failing to modify standardized testing conditions

When schools ignore 504 obligations, students are placed at a disadvantage. We file Office for Civil Rights (OCR) complaints, enforce accommodation plans, and represent families during 504 meetings and appeals.

USDOE OCR Section 504 Overview

Discipline and Disability: Unlawful Punishment

Students with disabilities are disproportionately disciplined in New Jersey. Suspensions, expulsions, and informal removals often occur without required legal procedures.

Key protections include:

• MDRs when discipline exceeds 10 school days
• Prohibition on punishing behavior that is a manifestation of a disability
• Requirement to continue services during long-term removals

Many schools fail to conduct timely MDRs or use “informal” methods to remove students without due process. We intervene immediately when students are being disciplined without proper review.

Out-of-District Placement and Private School Reimbursement

Under IDEA and New Jersey law, families may be entitled to tuition reimbursement when the public school fails to provide an appropriate education.

We handle:

• Requests for out-of-district placement
• Claims under the Burlington/Carter standard
• Private evaluations to support placement changes
• Settlement negotiations with districts to avoid full litigation

These cases require documentation, timing, and legal advocacy. We ensure every procedural step is preserved to support your reimbursement claim.

How We Work with Families

We begin by reviewing the full record—IEPs, evaluations, report cards, discipline records, emails, and meeting notes. From there, we:

• Communicate with the district and case manager
• Attend IEP or 504 meetings as legal representatives
• File due process petitions or OCR complaints as needed
• Negotiate services, settlements, or compensatory education

Every case is different. We tailor our strategy to your child’s needs and what the law entitles them to receive.

Serving Students Nationwide

While Student Rights Defense serves families nationwide, we have deep experience with the procedures used in New Jersey school districts, including Camden, Cherry Hill, Trenton, Princeton, and Gloucester County. We are equipped to represent families in-person or virtually, depending on the location and nature of the case.

Frequently Asked Questions

1. What can I do if the school refuses to evaluate my child?
   You may request an evaluation in writing. If denied, you can challenge the decision through mediation or a due process hearing.
2. Can a child be suspended even if they have an IEP?
   Yes, but only under specific legal conditions. An MDR must be held if removals exceed 10 days.
3. What is a Manifestation Determination Review?
   It is a meeting where the school must decide if the behavior that led to discipline was caused by the student’s disability.
4. What is the difference between an IEP and a 504 Plan?
   An IEP provides specialized instruction under IDEA. A 504 Plan provides accommodations under a civil rights statute.
5. How do I request an Independent Educational Evaluation (IEE)?
   You can submit a written request. If denied, the school must prove its own evaluation is appropriate through a hearing.
6. Can I get the district to pay for private school?
   Yes, if the district failed to provide a FAPE and the private placement is appropriate. Legal steps must be followed.
7. What qualifies as a “disability” under IDEA or Section 504?
   Conditions include autism, ADHD, emotional disturbance, learning disabilities, and others that impact educational access.
8. What rights do I have during IEP meetings?
   You have the right to participate, record meetings (in NJ), bring advocates or attorneys, and challenge proposed plans.
9. How long does the school have to complete an evaluation?
   In New Jersey, evaluations must be completed within 90 calendar days after receiving written consent.
10. What if the school is not following the IEP or 504 Plan?
    You can file a state complaint, request mediation, or pursue a due process hearing with legal representation.

Let’s talk next steps.

If you suspect your child’s education plan is being ignored, delayed, or poorly implemented, do not wait. Early legal intervention can prevent lasting academic and emotional harm. We are here to help you take informed, decisive action to protect your child’s rights. Start with a confidential consultation or call 856-209-3111 to speak directly with our office.