Parental Rights in Special Education & The Right To Special Education in New Jersey
New Jersey Administrative Code for Special Education (N.J.A.C. 6A:14) and the federal Individuals withDisabilities Education Act of 2004 (IDEA 2004) are laws that ensure children with disabilities get a free, appropriate public education in the least restrictive environment. An important part of these laws provides parents the right to participate in their child’s education.
Students with disabilities are protected under federal law, the Individuals with Disabilities Education Act (IDEA), as well as state law. These laws require school districts to provide a free, appropriate public education (FAPE) to eligible students. This means that children with disabilities are entitled to special education and related services designed to meet their unique needs. If parents believe that their child may need special education services, they may request that the district evaluate the child. The Department of Education does not have the authority to make individual determinations about a specific child’s evaluation, eligibility, individualized education program (IEP), or placement. That responsibility is a requirement of the local school district and the IEP team. Children with disabilities have protections in the law to safeguard their rights to a FAPE.
