Individuals with Disabilities Education Act (IDEA) Lawyers Bordentown, NJ
Experienced New Jersey Attorneys Representing Clients in Disputes Relating to IDEA in Burlington County, Camden County, and Mercer County, NJ
If your child is suffering from a disability — whether that disability is learning related, physical, behavioral, or emotional in nature — he or she deserves to receive appropriate and adequate educational services. Fortunately, the Individuals with Disabilities Education Act (IDEA) is a piece of substantial federal regulation that applies to students in every state, including New Jersey, and that ensures that children (with qualifying disabilities under the Act) will receive the necessary special education services. In the event that the school district fails to make suitable provisions for your child, you may have a legitimate right of action under IDEA.
Here at Posternock Apell, PC, some of our attorneys have raised special needs children of their own, and we understand the unique challenges — legal and otherwise — of securing appropriate and adequate special needs education for children. We are relentless advocates for our clients and their kids, and we will go above and beyond to represent their interests in a special education dispute. Contact our firm today for more information.
Rights Under IDEA and Potential Violations in New Jersey
IDEA prepares special needs children for future education, employment, and independent living. More specifically, IDEA is meant to ensure that all children with disabilities have available to them a free, appropriate public education that emphasizes special education and related services and that meets the particular needs of the special needs child.
There are several aspects of IDEA that are worth keeping in mind as you explore the possibility of seeking compliance by the school district. Under the Act, special needs children are entitled to receive the following:
- Free and appropriate education personalized to your child’s special needs requirements — and confirmed by a formal, individualized education program that is designed to meet those needs.
- Provision of a learning environment that is “least restrictive.” In other words, the school district must consider the option of keeping your child in the standard educational environment and providing various support services, such as a special needs aide.
- Independent evaluations that determine whether your child is eligible for the protections granted under IDEA and whether the individualized education program at issue is meeting their requirements.
- Internal review process with various procedural safeguards in place.
If the school district has violated IDEA by failing to provide your child with appropriate and adequate special needs education that is “least restrictive,” given the circumstances, then you may be entitled to force compliance by bringing an action against the school district. It is important to note, however, that the school district may have a number of defenses at their disposal. They could argue, for example, that your child is not actually disabled pursuant to the IDEA definitions, or that the special needs services provided were, in fact, appropriate and adequate.
Negotiating a Reasonable Solution to Denial of Adequate Special Education Services in NJ
Here at Posternock Apell, PC, our team understands the need to maintain a reasonably normalized working relationship with the school district so that when the dispute “ends,” you can be sure that your child is being treated fairly.
We negotiate in a manner that is intended to put the defendant in a more vulnerable bargaining position, but we are careful not to turn the dispute into a hostile conflict until absolutely necessary. It is important to us that you and your child will be able to comfortably navigate the day-to-day administrative aspects of special needs education without lingering issues or concerns from the dispute.
Contact a Qualified IDEA Attorney at Posternock Apell, PC for Help with Your Special Needs Education Matter in Cherry Hill, NJ
The attorneys at Posternock Apell, PC are committed litigators with over two centuries of combined experience representing families in a range of disputes, including special needs education disputes. If you are interested in speaking to a qualified New Jersey attorney about your rights — and your child’s rights — under IDEA, and how you can go about forcing compliance, then we encourage you to get in touch with our firm today for more information.
Call (856) 209-0200 or submit an online message to connect to an experienced New Jersey special education attorney at Posternock Apell, PC. We represent clients in IDEA legal disputes throughout South Jersey, including Bordentown, Cherry Hill, Voorhees, and Camden, NJ. The initial consultation is free and without any obligation. We have an office located at 400 North Church St. Suite 250, Moorestown, NJ 08057, in addition to offices in Browns Mills and Philadelphia, PA.