What Services are Public Schools Required to Provide?
When preparing to enroll your child in school for the first time or switching to a new school, it will be important to know the laws that protect the rights of students with disabilities. As a parent, you will want to understand what your child’s rights are in the school setting. There may be times you need to communicate with the teacher or administrators to ensure your child’s needs are being met, and understanding the laws will be imperative. Schools are obligated to provide certain accommodations and resources, and we want to help you understand what some of these are. Continue reading to learn about the federal laws as well as services provided specifically in our home state of New Jersey.
Federal Laws
There are three federal laws in the USA that protect the rights of people with disabilities. Understood.org gives a great brief overview of these three laws shown below:
Individuals with Disabilities Education Act (IDEA): This education law requires public schools to meet the unique needs of eligible K–12 students with disabilities. Schools do this by providing services.
Section 504 of the Rehabilitation Act (Section 504): This civil rights law prohibits disability discrimination at schools that get federal funding. Schools meet these requirements by removing barriers to learning.
Americans with Disabilities Act (ADA): This civil rights law prohibits disability discrimination by schools, employers, and anyone who offers goods and services to the public.
To summarize, IDEA is the law that requires schools to provide special education services. This includes the Individualized Education Programs (IEP).
Section 504 is the law that requires schools to provide 504 plans for eligible K–12 students. This requirement includes removing barriers to the student’s learning and providing accommodations in the regular classroom.
The ADA provides the student freedom from discrimination in school, and activities after they complete their schooling. The ADA applies not only to schools but to workplaces. The ADA also has regulations that cities and towns must follow, such as specific building codes for accessibility.
State of New Jersey Specifics
With the majority of our clients residing here in our home state, we want to share some information specific to the state of New Jersey. If you live outside of New Jersey, we recommend researching the local state laws where you reside. If you’d like some assistance in finding and understanding your local state laws, please contact us at (973) 500-6767, and we would be happy to help.
According to the State of New Jersey’s Department of Education, the “special education offices are responsible for supervising and monitoring the implementation of the federal requirements. The state special education offices provide leadership to ensure compliance with state and federal regulations and to establish standards that promote improved outcomes for students with disabilities.” In summary, the state special education offices enforce the federal laws in the school districts.
They can also be involved in cases of a dispute or a complaint and can provide the mediation and evaluation necessary to come to a resolution. The special education office is also involved in providing professional development for school teachers and administrators and resources for parents. On the Department of Education website, they specify that they provide “professional development in the following key areas:
Providing the least restrictive environment (LRE).
The transition of students from school to adulthood.
Implementing high-quality services for preschool and school-age children with disabilities.
Developing individualized education programs (IEPs).
Accessing individual rights and entitlements.
Funding of four Learning Resource Centers (LRCs) that provide a variety of services to families and education professionals."
For more information about the rules enforced by the state of New Jersey, please visit the List of Special Ed Rules.
We know that reading rules and regulations and state laws can be confusing and leave you uncertain about what matters. It can be difficult to understand what your child’s rights are. At 121 Learning Works, we have professionals available to help explain this information in a way that makes it easier to digest and understand. We invite you to contact us to schedule a free consultation.
