For nearly a month, we have been bombarded with COVID-19 updates. As parents and former educators ourselves, the Advo-Kids team understands how impossible it feels right now to keep up with school updates, current events, working from home, teaching your child at home and just adjusting to our current reality, aka the “new normal.” In an effort to lighten your load, we have closely followed the latest updates on special education in New Jersey. Here are three things we know about special education in New Jersey, for right now, and some practical tips to keep in mind. Starting with the most re ..read more

As of December 3, 2020, 246 of New Jersey’s more than 600 school districts and charter schools have moved to all-remote instruction. Approximately 438 school districts continue to offer some form of hybrid (in-person and remote) programming. As discussed in prior AdvoKids blog articles, neither federal nor state special education requirements have been waived or suspended during virtual or hybrid instruction. Under current federal and state guidance, school districts must continue to implement a student’s IEP “to the greatest extent possible.” In many cases, however, the “greatest extent possi ..read more

New Jersey Special Education Decision Explains How School District Violated the IDEA A recent New Jersey Special Education hearing decision highlights school districts’ obligations to complete special education evaluations within the required timelines and conduct proper manifestation determinations. The events in this case occurred in the months prior to school closings due to the coronavirus pandemic -- but remember that all federal and state special education requirements remain intact now. There are no “COVID waivers.” Before we look at this case, please note that there are often additio ..read more

What is a "Distance Learning Plan" and Should New Jersey Schools Have One? The term “distance learning plan,” as it relates to special education during the Coronavirus pandemic, appeared in March of 2020 when it was used in guidance issued by the United States Department of Education (US DOE). The New Jersey Department of Education (NJ DOE) has not issued any formal guidance on the inclusion of “distance learning plans,” or “remote learning plans” in Individualized Education Plans (IEPs). So, the short answer is “no,” an individual distance learning plan is not a required document for a specia ..read more

You are not alone if you feel confused about the differences between "temporary home instruction," "home instruction" as a special education placement, and “home schooling,” which involves withdrawing a student from public school. The new pandemic-era concept of “remote instruction,” further complicates things. We hope the information below clarifies these overlapping concepts. Keep in mind that while we have established state case law and regulations about "home instruction" and "home-schooling," many unanswered questions remain about the parameters of “remote instruction." For right no ..read more

When schools closed in March 2020, both the United States Department of Education (US DOE) and the New Jersey Department of Education (NJ DOE) issued initial guidance on supports for students with disabilities during the closures. The early federal guidance indicated that if a special education student was impacted by school closures, “a school must make an individualized determination whether and to what extent compensatory services may be needed.” See US DOE Questions and Answers on Providing Services to Children with Disabilities During a COVID-19 Outbreak,” Question A-2. New Jersey’s earl ..read more

The Individuals with Disabilities Education Act (“IDEA”) makes the requirement for parent participation and input in the IEP process abundantly clear: Families of disabled students “must have meaningful opportunities to participate in the education of their children.” 20 U.S.C. §1400 (5)(B). And see e.g. 34 C.F.R. §§ 300.321, 300.322, 300.501. One of the ways parents can maximize their advocacy and participation in the IEP process is by providing written input on their child’s IEP. Every IEP has a specific section for parent input or concerns. In New Jersey, the name and location of this sect ..read more

I recently saw a Facebook post where someone asked: “Who determines who the IEP team is? Can I invite someone to a meeting? This is a great question that AdvoKids receives often. Under state and federal law there are people who must attend a formal IEP meeting and people who may be invited to attend. As discussed below, both the school district and parents have the discretion to invite people to an IEP meeting. What determines who attends an IEP meeting? The Individuals with Disabilities Education Act (“IDEA”) regulations[i] and the corresponding New Jersey regulations[ii] specify exactly who ..read more

In 2019, we published an article that provided a basic overview of New Jersey’s law on Restraint and Seclusion, applicable to students with disabilities. You can find that here. Numerous sources provide additional information, including this summary published by the Education Law Center, for example. The New Jersey Department of Education’s (NJ DOE) July 2018 guidance on restraint and seclusion also provides essential information for parents and IEP teams. This follow-up article focuses only on the parental notice and written report that are required after a restraint is used. Despite clear n ..read more

The Advo-Kids team welcomes opportunities to speak with educators and parents each week. One question raised often recently is when to review and revise IEPs, many of which need changes for pandemic-related reasons. Under federal and state law, all IEPs must be reviewed at least once annually. See 34 C.F.R. § 300.324, N.J.A.C. 6A:14-2.3. Often, the date for the “annual review” of a student’s IEP falls in the late spring. That is a great time for a team to review a student’s progress over the course of the school year and revise as necessary for the upcoming school year. However, there are man ..read more