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     SRP receives numerous requests for legal assistance regarding students with disabilities who are not receiving an appropriate education.

     According to both federal law, the Individuals with Disabilities Education Act (IDEA) -- 20 U.S.C. § 1400, et seq. and 34 C.F.R.Part 300 -- and state special education law -- N.J.S.A. 18A:46-1, et seq. and N.J.A.C. 6A:14-1.1 -- children with disabilities in New Jersey, ages three through twenty-one, are entitled to a "free and appropriate public education," which includes special education and related services provided at public expense and meeting state educational standards. "Special education" means specially designed instruction that meets the unique needs of a child with a disability. "Related services" means transportation and such developmental, corrective and other supportive services a child with a disability requires in order to benefit from special education. Services must be provided in the "least restrictive environment."

     School districts are obligated to identify students who require special education services and evaluate the students for eligibility. Once a student is determined eligible, a document known as an Individualized Education Program (IEP) must be drafted which sets forth the services to be provided. The IEP must be implemented right away, and is subject to review annually, or more often if necessary.

     The special education laws set forth detailed timeframes within which services must be provided, and establish due process appeals mechanisms, should students be dissatisfied with the services they are receiving. There are special provisions related to discipline, transition to post-secondary education or employment and assistive technology. For more information about New Jersey's special education laws, you may consult ELC's publication "The Right to Special Education in New Jersey: A Guide for Advocates" .

     In the case of Baer v. Klagholz, 339 N.J.Super. 168 (App. Div. 2001), SRP was recently successful in challenging the failure of the New Jersey Department of Education to implement regulations which conform with IDEA.