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The Special Education and Disabilities Law Group at Cohn Lifland Pearlman Herrmann & Knopf LLP represents children and parents in New Jersey and New York. We are committed to obtaining the education, training, services and support which individuals with disabilities are entitled to under the law. We have extensive experience in advocating, negotiating and when necessary, litigating cases where clients seek access to educational, support, residential and adult services.
 In cases involving public school districts, the Individualized Education Program or IEP of a child is often at the center of the dispute and can affect whether a child is receiving the academic and support services he or she needs. Appropriate educational services and requests to Child Study Teams can range from inclusion with support in a regular education setting, to placement in an approved private school and, in some cases, a residential placement if warranted. (See FAQ below)
Our Disabilities Law Group can assist with developing appropriate and effective Individualized Educational Programs as well as strategies aimed at protecting the rights of the disabled. The Group is also available to assist families with accessing support, transition and adult services and has represented families and individuals in Division of Developmental Disabilities matters. We also represent clients in private insurance matters on coverage denials and insurance appeals. Moreover, in our Wills, Trusts and Estates Group we have extensive experience with special needs estate planning and guardianship proceedings.
According to the U.S. Census Bureau, about 18 % of Americans, or almost 1 in 5 have a disability. Over 10% are school age. This segment of our population is protected by federal and state law. The key statute governing Special Education is the Individuals with Disabilities Improvement Act of 2004 (“IDEA”) 20 U.S.C.A. §1400 et seq. In New Jersey the IDEA is implemented through the New Jersey Administrative Code, N.J.A.C. 6A:14-1.1 et seq. IDEA states that the school must provide a “free and appropriate public education” (“FAPE”) to educationally disabled students. The law affords specific rights to all disabled students between the ages of 3 and 21 years. Early intervention services for children 0-3 years are covered under Part C of IDEA. Other protections and rights to reasonable accommodations are found in The Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act.
Lisa McCauley Parles, the mother of an 18 year old with autism and activist in the disabilities community, leads the practice at Cohn Lifland. She understands the issues and has helped numerous families and not-for-profit organizations over the years. She has conducted training seminars and workshops on numerous topics of interest to the disabled and their families as well as not for profit organizations. She is ably supported by Tania Garcia-Millan. Ms. Garcia-Millan is a member of the Human Rights Committee of the Quest Autism Foundation and Quest Autism Foundation.org.
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Attorneys
Lisa McCauley Parles
Denise Dimson Rekem
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Lisa McCauley Parles received a Research and Teaching Award from Seton Hall University. This $1000 prize is awarded to professors who publish research works in a scholarly journal and simultaneously receive outstanding scores on their teaching evaluations. The article is “Sarbanes-Oxley: An Overview of Current Issues and Concerns.” It was published in St. John’s Review of Business, Vol. 27, No.3, Spring/Summer 2007.
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SPECIAL EDUCATION FAQ
This FAQ will address some concerns you may have with respect to the services provided by a school district for your child and the IEP process. However, this is simply an informative handout and does not substitute consultation with an attorney. Just like an IEP, each case is specific to the individual student.
What educational services is my child entitled to?
Under IDEA a child is entitled to receive a free and appropriate public education “FAPE”. What constitutes an appropriate education depends on the child’s disability and his or her individual needs. Each child’s needs are unique and that’s why an IEP stands for “Individualized Educational Program”. There is no “one size fits all”. The Child Study Team is responsible for creating an IEP. There are a range of services a child may receive including, but not limited to: Applied Behavioral Analysis therapy, speech and language therapy, occupational therapy, physical therapy, home instruction, classroom shadow, community shadow, assistive technology devices, etc. If a district is unable to properly provide your child with a free and appropriate public education, it may have to pay for a private placement.
Who is part of the Child Study Team?
The IEP team is made up of all of the professionals who have provided input into creating the IEP and/or will be working with your child. The IEP team can be made up of: Director of Special Services, Case Manager, Special Education teacher, Reqular Education teacher, Occupational Therapist, Physical Therapist, Speech and Language Therapist. Most importantly, the parents are part of the IEP team. It is imperative that you share your concerns, ideas and suggestions with the Child Study Team. You are a key player in this process.
What happens if I don’t consent to the IEP and don’t want to sign it?
If the district has presented its first IEP for your child (e.g. there are no prior IEPs in place) the district cannot implement any of the proposed educational services unless you sign the IEP. However, if one or more IEPs have been in place for your child, the IEP will automatically go into effect after 15 calendar days whether or not you sign the IEP unless you file for mediation and/or due process (See below).
How do I preserve my child’s current program if the district is offering a new IEP with different services?
In order to preserve your child’s current program, what is commonly referred to as “stay put”, you must file for mediation and/or due process before the expiration of 15 calendar days since you received the IEP. If you do not file for mediation/due process within 15 days, the new IEP will automatically take effect even if you have not signed it.
When should I prepare for my child’s transition?
One of the IDEA’s primary purposes is to prepare children with disabilities for post-secondary education, employment and independent living. Beginning with the IEP in place when the child is 14, the district must develop a course of study and related strategies and activities designed to assist the child in developing goals related to training, education, employment and independent living. When the child turns 16, the IEP must also include transition services in order for the child to reach these goals.
When should I consult an attorney?
You can consult an attorney at any stage of the IEP process. However, you will gain the most benefit from consulting with an attorney early on in the process. ### |
