Basic Overview Of Special Education
by
Herbert D. Hinkle, Esq. and S. Paul Prior, Esq.
Hinkle & Fingles, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
The right to a free, appropriate public education in the least
restrictive setting for children with disabilities is protected by
federal and state law. Every child with a disability between the ages
of 3 and 21 is entitled to an appropriate education tailored to the
child’s individual needs, at no cost to the child’s parents. The right
is described in the Individuals With Disabilities Act, often referred
to as the IDEA.
Children with disabilities between the ages of 3 to 5 are entitled to
free, appropriate preschool programs tailored to meet their individual
needs.
Every child 3 and older is also entitled to receive the related
services needed to benefit from an appropriate education program,
which includes such things as: transportation; physical and
occupational therapy; speech therapy and psychological services.
Schools districts must provide residential placements when necessary
for students to benefit from special education. An extended school
program (an education program during the summer months) must be
provided by the school district when it is need to prevent a student
from seriously regressing.
School districts have no more than 90 days from the time a child is
first identified to conduct an evaluation, classify the child, prepare
an Individual Education Plan (“IEP”) and begin providing services.
Once the IEP has been completed, school districts have only 30 days to
place the child in an appropriate educational program. The law does
not permit school districts to place children on waiting lists or
delay implementing any part of the IEP.
The special education laws provide parents with a due process
procedure that they can use to challenge any major decision which
negatively affects their child’s education. Parents have the right to
challenge evaluation and eligibility determinations, the IEP, the
adequacy or effectiveness of the services provided, and placement. The
due process procedure is started by a written request for a hearing.
If the parents’ challenge is successful, they are entitled to
reimbursement for attorney fees and related costs.
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Herbert D. Hinkle, his partner, Ira M. Fingles, and their colleagues,
S. Paul Prior and Valerie A. Powers Smith, maintain a statewide law
practice with offices in Lawrenceville, Marlton, and Florham Park, New
Jersey, and Yardley and Plymouth Meeting, Pennsylvania. They lecture
and write frequently on topics of law, aging, disability and estate
planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: Hinkle & Fingles, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2005
Herbert D. Hinkle. All rights reserved.
