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Special Education Legal Resources for NJ

Parents’ Guide To Bullying in New Jersey

Student bullying has developed into a serious problem in our schools. It has been reported to be involved in student suicides across the State and the nation. The purpose of this document is to provide what the State of New Jersey has enacted to combat this problem. We have handled numerous cases throughout the State of New Jersey.

Autism New Jersey

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NJ Early Intervention System

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Monmouth County Special Needs Registry

Monmouth County Special Needs Registry

The Monmouth County Special Needs Registry is a voluntary program open to all citizens with disabilities who reside, attend a school or are employed in Monmouth County. The registry was created to help police officers and other emergency service personnel to better assist residents with special needs in the event of an emergency by providing those first responders with vital information regarding a registrant’s disability, emergency contact information, a physical description and current photograph of the registrant.

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Autism Speaks

The New Jersey Dyslexia Handbook

Autism Program Quality

Autism Program Quality

Transition Guide for Disabled Adults

by Dr. Mark Franceschini

Transition Guide for Disabled Young Adults

Special Education Laws

Federal Statutes and Regulations

Individuals with Disabilities Education Act (IDEA) (Pub.L.108-446, 20 USC 1400)

The law is specifically designed “to ensure that all children with disabilities have available to them a free appropriate public education . . . designed to meet their unique needs and prepare them for further education, employment, and independent living,” and “to ensure that the rights of children with disabilities and parents of such children are protected.”
COPAA is committed to making these two purposes a reality for the millions of children with disabilities and their parents.

Elementary and Secondary Education Act (ESEA) (Pub.L. 89-10, 79 Stat. 27, 20 U.S.C. ch.70)

A United States federal statute enacted April 11, 1965, reauthorized in 2001 as the No Child Left Behind Act, that funds primary and secondary education; emphasizes equal access to education, establishes high standards and accountability, and aims to shorten the achievement gaps between students by providing each child with fair and equal opportunities to achieve an exceptional education.

Section 504 of the Rehabilitation Act of 1973 (Section 504, 29 U.S.C.§794)

A national law that protects qualified individuals from discrimination based on their disability, stating:

“No otherwise qualified individual with a disability in the United States… shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The U.S. Department of Education’s Section 504 regulation is enforced by Office for Civil Rights and is in the federal code of regulations at 34 CFR 104.

Americans with Disabilities Act

Title II of the Americans with Disabilities Act of 1990 prohibits discrimination based on disability in public entities. Office for Civil Rights is the agency designated by the U.S. Department of Justice to enforce the regulation under Title II with respect to public educational entities and public libraries. The Title II regulation is in the federal code of regulations at 28 CFR 35.

FERPA – Family Educational Rights and Privacy Act: 20 U.S.C. §1232g et seq.

FERPA Regulations – 34 CFR Part 99

This Act applies to all schools who receive federal funds under an applicable program of the U.S. Department of Education. Schools must give parents (and students) access to their student records. If parents wish to challenge the district on the content of the student records they must be afforded a hearing. The school must maintain confidentiality. Except as to: 1)Directory information 2) Emergency 3) Court order or subpoena 4) Patriot Act request.

New Jersey Education Law

The education article in New Jersey’s Constitution requires the Legislature to “provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all children in the State between the ages of five and eighteen years.” N.J. Const., art. 8, § IV, ¶ 1.

Implementation of the Individuals with Disabilities Education Act (IDEA) Part B provision of services in the current COVID-19 environment.

The Office of Special Education Programs (OSEP), within the U.S. Department of Education’s (Department) Office of Special Education and Rehabilitative Services, issues this document in response to inquiries concerning the implementation of the Individuals with Disabilities Education Act (IDEA) Part B provision of services in the current COVID-19 environment.

OSEP QA 20-01

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