Welcome to TinyEYE’s blog! Today, we’re diving into the essentials of parental rights in special education in New Jersey. Understanding these rights can empower you to make informed decisions for your child’s educational journey. Let’s break it down!
What is a Referral?
A referral is a written request for an evaluation given to the school district when a child is suspected of having a disability and might need special education services. This step is crucial for identifying the needs of your child and getting them the support they require.
Who Can Make a Referral?
- Parents
- School personnel
- Agencies concerned with the welfare of students, including the New Jersey Department of Education
If you believe your child may have a disability, you can refer them for an evaluation by submitting a written request to your school district.
What Happens When a Referral is Made?
Within 20 calendar days of receiving a referral, the school district must hold a meeting to decide whether an evaluation will be conducted. If an evaluation is warranted, the types of testing and procedures will be determined. If not, recommendations for interventions or services in general education may be made.
Decision-Making and Participation in Meetings
As a parent, you have the right to participate in all meetings regarding your child’s special education needs. These include decisions about:
- Identification (decision to evaluate)
- Evaluation (nature and scope of assessment procedures)
- Classification (eligibility for special education services)
- Development and review of your child’s Individualized Education Program (IEP)
- Educational placement
- Reevaluation
You are a vital member of the multi-disciplinary team that makes these determinations and develops your child’s IEP.
Your Rights in Meetings
- Have an interpreter, translator, or sign language interpreter provided at no cost
- Participate through telephone or video-conferencing if you cannot attend in person
- Receive a copy of the evaluation report and other documentation at least 10 days before the eligibility meeting
Must All Members of the IEP Team Attend Meetings?
All required members must attend unless you provide written consent to excuse a member. The school district may request your consent to excuse a member if their area is not being discussed or if they provide written input in advance.
Notice of a Meeting
The school district must notify you in writing early enough to ensure you have an opportunity to attend. The notice must include the purpose, time, location, and attendees of the meeting. It should also inform you that you or the school district may invite individuals with special expertise regarding your child.
May the School District Hold a Meeting if You Are Unable to Attend?
Yes, if the school district can document multiple attempts to schedule a meeting with you or obtain your participation through telephone or video-conferencing.
Written Notice
Your school district must inform you of decisions about your child’s special education needs by providing written notice. This includes proposals to start or change identification, evaluation, classification, IEP implementation, educational placement, provision of a free, appropriate public education (FAPE), reevaluation, and consent requests.
What Must Be Included in Written Notice?
- A description of the proposed or refused action
- An explanation of why the action is being taken or not
- Other options considered and reasons for rejection
- Procedures, tests, records, or reports used to make the decision
- Any other relevant factors
- A statement of your rights under special education law
Consent
Consent means you have been given all the information necessary to make an informed decision and that you agree in writing to the proposed activity. Your consent is required before your child is evaluated for the first time, before their special education program starts, before testing as part of a reevaluation, and in several other specific instances.
Can You Withdraw Consent?
Yes, you can revoke your consent at any time by writing to the school district. Revoking consent does not negate actions that occurred after the consent was given and before it was revoked.
For more information, please follow this link.
