Special Education

What is special education law?

Special education law is a complex and evolving area which requires highly specialized legal expertise. The source law for special education is a federal statute called the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A §1400, et seq. In New Jersey, the IDEA is implemented by regulations in the New Jersey Administrative Code, N.J.A.C. 6A:14-1.1, et seq. In addition, related issues concerning special education students arise under Section 504 of the Rehabilitation Act, the Civil Rights Act, the Americans with Disabilities Act, and the Family Educational Rights and Privacy Act.

Schenck, Price, Smith and King’s School Law Practice Group has extensive experience in special education matters and is a recognized leader in this area of law. Our experience spans 25 years and comprises a significant part of the firm’s School Law Practice Group. In our capacity as general and special counsel, our School Law Practice Group advises public school districts and special education service providers throughout New Jersey on the full spectrum of special education matters. Our services include counseling, in-servicing, and litigation.

Legal Counseling and In-Servicing: An important component of our legal representation is our ability to quickly mobilize our comprehensive resources to provide prompt, quality, substantive client counseling services for both routine and emergent matters. We are experienced with all facets of special education law issues, including the development and implementation of IEPs and Section 504 plans, related services, assistive technology, program modifications, discipline, behavioral intervention plans, evaluations, and educational and functional assessments. We offer interpretative guidance regarding new and existing State and federal regulations, and assist districts with policy development. Our quality legal representation in this ever-changing area of law requires frequent in-service training, which we provide routinely to our clients as well as to professional associations, groups, and others. We strongly recommend that school districts include special education legal issues as part of district professional development. In addition to special education staff, all Principals, Assistant Principals, Deans, and guidance staff should receive regular professional development regarding special education issues.

Litigation: Our special education litigation services include legal representation in all aspects of preparing for and responding to due process hearings held before the Office of Administrative Law, concerning such diverse issues as eligibility, program and placement, unilateral placement, residential placements, evaluations, emergent relief, and discipline. In addition, we handle appeals of administrative decisions before the United States District Court, District of New Jersey, the Third Circuit Court of Appeals, and the Superior Court of New Jersey. Our litigation support services also include attending IEP meetings, mediations, and other meetings where legal representation is necessary. Because it is our goal to assist our clients in the preservation of the trust relationship between parents and school districts whenever possible, we are proud of our success in negotiating favorable settlements on behalf of our clients, without the necessity and expense of litigating every dispute that may arise.

Seminars and Presentations: Our attorneys are frequently invited to speak before audiences comprised of public and private school administrators, educators, parents, specialists, and attorneys at various conferences and seminars, including the New Jersey School Boards Association, Morris County School Boards Association, Bergen County School Boards Association, Bergen County Superintendents Association, New Jersey Association of School Administrators, New Jersey Special Education Administrators Association, Region III Council for Special Education, Region V Council for Special Education, Columbia University, and The Annual Lehigh University Education Law Conference.

The School Law Practice Group has spoken on the following topics:

• Special Education Legal Update: Writing Reports Eligibility Statements and PLEPS; Accepting/Rejecting Reports; IEP Transition Issues; IEPS Exposed at Due Process Hearings
• Legal Issues Involving Autism
• Responsibility and Accountability in Identification, Evaluation, Determination of Eligibility, and IEP Preparation
• Student Discipline
• LAW ENFORCEMENT – DYFS Reporting Requirements; The Uniform Memorandum of Agreement
• The IEP – Formulating Goals and Objectives
• SPECIAL EDUCATION: Handling Discipline Issues and Preparing for the Difficult Special Education Case: Out-of-District Placements, Autism Cases and Home Program Issues
• Confidentiality and Student Records
• Section 504
• The Reauthorized IDEA and Avoiding “Due Process” Hearings
• Highlights of the No Child Left Behind Act
• Student Discipline, Autism, Handling Expert Witnesses, Out-of-District Site Visits
• Special Education Manifestation Determinations and Behavioral Intervention Plans
• Students with Disabilities – High Stakes Testing and Grading
• IEPs, Experts, and Due Process
• Avoiding/Surviving Due Process
• Expulsion and Alternative Education
• Legal Issues for School Administrators (Pupil Confidentiality, Discipline, Special Education)
• IEP Preparation and Discipline of the Special Education Child
• Students with Disabilities – High Stakes Testing and Grading

How to Contact Us: Please direct your inquiries to Monica E. Peck, Esq., School Law Practice Group Chair, Joanne L. Butler, Esq. or Richard H. Bauch, Esq. at (973) 539-1000.