South Jersey Special Education Law Attorneys
Are You Struggling to Get the Right 504 Plan or IEP Developed and Implemented for Your Child?
Whether your child is 3, 10, 15, or 21, if she/he has a learning or physical disability, behavioral or emotional challenges, a serious medical condition, or other disability, he/she deserves and has the right to a free and appropriate education that supports his/her needs and academic development under federal law.
Contact South Jersey Special Education Attorneys for Counsel and Legal Representation
When you’ve tried to secure or enforce appropriate special education services on your own and know that you need additional help, to obtain what your child needs, call us. As experienced attorneys, we know the balancing act of enforcing requirements and maintaining a working relationship with a partner, the school district team, with whom you will need to work with and who will serve your child likely for years to come.
The Posternock Apell, PC team is here to help you craft the conversation for success, supporting enforcement of your plan. Our special education team works through tough negotiations every day. We will represent you in gaining compliance of your children’s right to services under the Individuals with Disabilities Education Act (IDEA 2004), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), as well as other state and federal statutes. Along with our legal experience, we are also parents of special needs children. We understand how frustrating and daunting the process can be. We’re here to help you and your child achieve success.
In addition to providing legal advice and representation, we can connect clients with our roster of educational, medical and other specialists to help you find the right professional to provide guidance and knowledge for your child’s specific needs. With the right legal representation and supporting educational or medical professionals, both you and your child are in a stronger position to obtain what he/she needs and deserves from the school/district.
Our Approach to Special Education Legal Services
The Posternock Apell, PC team is focused on helping clients enforce their IEP and 504 plans, from initial determination through implementation, with ongoing legal support as your child moves through their educational career. We see our role as separate from advocates, who provide educational expertise and knowledge.
We bring our understanding of the law and your child’s rights, our legal capabilities, and as important, our mediation and negotiating capabilities to support getting the right plan in place and implemented for your child. Corresponding with the school on your behalf and due process proceedings, such as mediation and resolution meetings, can be effective in resolving issues, such as IEP Disputes, for you and your child. We work with your existing specialists and advocates, as well as bring in others, as needed, to support your child’s case.
Key Statutes and Regulations
|Law, Statute or Regulation||Comment|
|Individuals with Disabilities Education Improvement Act (“IDEA 2004”)||The purpose of this law “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services” to meet the unique needs of the child, provide educational benefit and prepare the child “for future education, employment and independent living”. This legislation was signed into law on 12/03/2004, becoming Public Law No. 108-446. It went into effect on 7/01/05.|
|N.J.A.C. 6A:14, Special Education Regulations||New Jersey administrative regulations which implement the “free and appropriate education” standard set forth in the IDEA.|
|Section 504 of the Rehabilitation Act of 1973 (amended 1998)||Section 504 prohibits discrimination against qualified individuals with disabilities in programs that receive federal financial assistance, or are conducted by a federal agency, including schools. Requirements under Section 504 include reasonable accommodations and accessibility.|
|Section 508 of the Rehabilitation Act of 1973 (amended 1998) SAccessibility of Technology to People with Disabilities.||This statute requires federal electronic and information technology to be accessible to people with disabilities, employees and the public.|
|Section 504 Regulations, 34 CFR part 104||These regulations implement Section 504of the Rehabilitation Actand are important in understanding Section 504.|
|Americans With Disabilities Act(amended 2008)||Very important civil rights law.Similar protections and remedies as under Section 504 of the Rehabilitation Act in protecting individuals with disabilities from discrimination based on the disabilities. ADA broadens the agencies and businesses that must comply with the law’s non-discrimination and accessibility provisions, applying to both private employers and state and local governments, including schools.|
|ADA regulations42 U.S. CODE § 12101||The ADA regulations implementing the requirements of the act.|
|Family Educational Rights and Privacy Act (FERPA), 20 USC§1232g||FERPA empowers parents to access and amend their child’s education records, and have some control over the release of personally identifiable information.|
|FERPA regulations, 34 CFR part 99||Regulations providing further detail on rights under FERPA|
|No Child Left Behind Act of 2001, 115 Stat. 1425||This legislation, which became law in 2002, reauthorizes the Elementary and Secondary Education Act of 1965. It mandates research-based approaches to learning, higher teacher standards, and objective testing to assess results.|
|Parental Rights in Special Education||A guide to parental rights in New Jersey. This is the guide that the school educational team will provide to you as well.|
|Medical Professional Resources||Available upon Request|
|Educational Professional Resources||Available upon Request|
|Learning Ally www.learningally.com|
Contact an Experienced Special Education Lawyer in Camden County, Burlington County or Mercer County, NJ
Call us when you aren’t able to get the response you need on your own and wonder if legal support is the next logical step. We are here to help you assess your options. We pride ourselves on helping clients get to resolution through negotiations, but we are very comfortable escalating through the legal system as needed.