Reading & Other Learning Disabilities

From Reading & Other Learning Disabilities

A Blog by Dr. Gary G. Brannigan and Dr. Howard Margolis

A Guest Post by

Staci Greenwald, Esq.

Recently, I received this warning from Staci Greenwald, Esq., an outstanding special education attorney who has a child with special needs. Although the warning focuses on Individualized Education Programs (IEPs) in New Jersey, it contains a critical message for parents throughout the country: know the rules and regulations that govern special education in your state or territory, put your concerns and requests in writing, and act quickly. Here’s the warning:

A WARNING ABOUT BUDGET CUTS AND IEPS

IEP season is once again upon us.  Because NJ’s school budgets have been severely cut, schools are reducing services.  As a parent of a child who previously agreed to an IEP,  you must therefore remember that simply objecting to a new IEP that reduces or changes services will not prevent it from going into effect. To implement it, the school doesn’t need your approval or signature.  Simply writing a letter saying you object to the new IEP is insufficient to stop its implementation.

To stop its implementation,  you must object and file for mediation or due process unless the school voluntarily agrees to resolve the disagreement. If the school agrees not to implement the new IEP, you must obtain a letter from the school indicating it will not go into effect.

Because the law is so specific and the consequence of not taking the right steps can be devastating to your child, we recommend that you quickly and carefully review your child’s new IEP and inform your case manager—in writing—of any issues you have with it and any changes you want. If, within 15 days of your receipt of the IEP, the issues remain unresolved, you must file for mediation or due process; this protects your child’s rights. Failure to file will allow the school to implement the new IEP, which affects your child’s rights.

You can find sample mediation and due process forms at the New Jersey Department of Education’s Website: http://www.nj.gov/education/specialed/due/

Good luck,

Staci Greenwald, Esq.

Sussan & Greenwald, Esqs.

1249 South River Rd.

Suite 104

Cranbury, New Jersey 08512

609-409-3500

www.special-ed-law.com

Edited by Howard Margolis, Ed.D.    www.reading2008.com