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Rights of Disabled Students

Rights of Disabled Students

In New Jersey, children with disabilities and their parents have several rights not available to regular education students.

At The Mark Law Firm we represent parents of children with learning disabilities engaged in disputes with local school districts. The Individuals with Disabilities Education Act (IDEA) or for those children not classified under the IDEA, a Section 504 of the Rehabilitation Act of 1973 (Section 504), gives parents of special education children the right to some of the following

  • Assessment and testing to determine special education eligibility and needs, including district-funded second opinions (independent evaluations).
  • Access to their children’s school records.
  • The development of an appropriate Individualized Education Program (IEP) or Section 504 Plan.
  • Develop appropriate goals and objectives that match the child’s potential.
  • Develop a written IEP plan with your local school district’s personnel.
  • Dispute resolution with the school through an administrative and legal process.
  • The right to attend private school placements, including residential placements, at the expense of your local school district.
  • The right to attend public schools run by other school districts or other government entities at the expense of your local school district/
  • Services, such as a 1:1 aide, 1:1 instruction, social skill programming as well as speech therapy, occupational therapy and physical therapy/
  • The right to accommodation in both school district and private school placement.

Contact The Mark Law Firm, Online
Call 908-375-6767, 908-375-6767, 201-431-7541 or Toll Free 888-734-8287

Many special education cases in New Jersey can be settled through private settlement conferences or mediation with your local school district so that a student’s educational and special needs are met. Lentz & Gengaro LLP provides In matter such as these, parents may want the help of legal counsel to obtain the appropriate special education services or protect their child’s civil rights in educational matters. The Mark Law Firm will advocate for your child and, if necessary, litigate your child’s cause to insure his or her needs are addressed.

Of the nearly six million U.S. disabled students, all have the right to a free and appropriate education under the IDEA, the Americans with Disabilities Act, and Section 504. The purpose of these federal laws is to provide disabled children with a meaningful education and the development of social skills. Under the federal law, disabilities are defined broadly and include

  • Mental retardation/Cognitive Delays
  • Mental illness
  • Emotional problems
  • Hearing impairments
  • Visual impairments
  • Autism
  • Brain injuries
  • Other learning disabilities

Confusions over the law may cause your school district to disagree that your child is disabled or to misdiagnose (inappropriately classify in the case of the IDEA) your child and/or offer him or her an inappropriate placement or program. A skilled New Jersey school law attorney can help ensure your child is properly evaluated and that an individualized education plan (IEP) or Section 504 Plan is developed for him or her.

The Mark Law Firm Team Advocates For Parents and Children

If you need help in any kind of special education matter, our Education Law team can help you find the right solution to the problem and achieve your legal goals.

Contact a Skilled New Jersey Team About Rights of Disabled Students

For experienced and aggressive representation in students with disability cases, contact Mark Law Firm, to schedule an appointment. Call 908-375-6767, 908-375-6767, 201-431-7541 or toll free 888-734-8287, or contact the firm online for advice, support and compassionate counsel.

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