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Questions about legal issues related to
people with disabilities and, how they
may affect a person’s life, come to us
often. We are pleased to provide answers
to such questions. Moreover, readers are
encouraged to submit additional
questions by email. Furthermore, your
individual circumstances may necessitate
contacting our office for legal advice
and/or services.
If I foresee a problem with my child’s
school district or another agency
providing services to my child, should I
consult with an attorney before or after
the problem materializes?
I was told by the administration of my
child’s school district that if I do not
sign an IEP the district is not
obligated to provide services to my
child. Is this correct?
Is it appropriate for my child’s
school district’s IEP Team to come to an
IEP meeting with an already written IEP?
If my child needs social skills
training, is our school district
responsible for providing these
services?
Is my child’s school district
responsible for any other than
educational costs related to my child’s
residential placement?
As a parent of
a disabled student what should I be
aware of with respect to how my child
may be disciplined in a school setting?
If I foresee a problem with my child’s
school district or another agency
providing services to my child, should I
consult with an attorney before or after
the problem materializes?
If you think that the problem could
impact your child’s educational program
then, it is best to meet with an
attorney first. It’s always best for an
attorney to review and familiarize
himself with the issues early, create a
strategy, as well as, advise the client
about the law.
This would benefit a client more than
having to change a position which may
not have been legally advisable by
his/her attorney in the first place.
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I was told by the administration of my
child’s school district that if I do not
sign an IEP the district is not
obligated to provide services to my
child. Is this correct?
This depends on whether or not, it is
the first IEP. Under governing
regulations parental consent is required
only for the initial IEP. However, even
under the foregoing circumstances, your
child’s school district cannot refuse to
provide services to your child for an
indefinite period of time. In general,
after the first IEP the school district
must provide services to your child
whether or not the IEP is signed. If you
did not sign your child’s IEP, the
school district must wait fifteen days
before providing the services described
in your child’s IEP. Within the
abovementioned fifteen days you have a
right to request mediation or a due
process hearing to dispute the IEP
proposed by your child’s school
district. However, if the fifteen days
go by and you have not requested
mediation or a due process hearing, your
child’s school district can begin
providing services described in your
child’s new IEP.
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Is it appropriate for my child’s school
district’s IEP Team to come to an IEP
meeting with an already written IEP?
No. It is however, appropriate for your
child’s school district to come to an
IEP meeting with a “draft” of a proposed
IEP. All decisions regarding an
educational program of a student with a
disability, including what services the
student needs and/or what educational
setting/placement the student will
attend, must be made by the IEP team in
collaboration with that student’s parent
and/or legal guardian. The school
district’s “draft” of a proposed IEP for
your child, may be permissible to
facilitate discussion, but only if all
of the decisions regarding the final IEP
for your child are actually made by the
entire IEP team which includes you, the
parent.
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If my child needs social skills
training, is our school district
responsible for providing these
services?
If your child’s disability requires for
him/her to have social skills training,
then the answer is yes. Many of the
currently known disabilities such as
Asperger’s Syndrome impair or affect a
student’s ability to act appropriately
in social situations. For such students
the school district may have to provide
additional services that teach social
skills in a group setting or, on an
individual basis with a psychologist or
a social worker. This is usually
determined on a case by case basis.
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Is my child’s school district
responsible for any other than
educational costs related to my child’s
residential placement?
This depends on your child’s disability
and his/her educational progress. If
your child needs a residential placement
in order to make adequate educational
progress, your child’s school district
must pay the full cost of the
residential placement and the
residential costs. While it is
permissible for the school district to
seek funding from other government
agencies for the residential costs of
the placement, the school district
cannot delay the placement while it does
so.
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As a parent of a disabled student what
should I be aware of with respect to how
my child may be disciplined in a school
setting?
All students have rights against being
disciplined unfairly. Nevertheless,
students with disabilities have far more
protection against unfair or
inappropriate discipline than
non-disabled students.
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Please see our
Frequently Asked Questions regarding Estate Planning For People With Disabilities>>
Please see our
Frequently Asked Questions regarding Adult Services For People With Disabilities >>
Please feel free to tour our site
seeking anything that you may have in
relation with our special education
legal services in New Jersey. Please contact The Levine Law Firm with any further
thoughts and questions, we are more than
happy to help. |
