What kind of services can my child with disability receive from the school?

  Theoretically, there is no limit to the types of services to which children with disabilities are entitled; the only actual limit is that the service must be based on genuine, proven need. Benefit isn’t enough; need is the only basis. For example: your child has a right to any necessary modifications to the content, […]

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Will my child’s IEP or Section 504 Plan apply to her once she goes to college?

The process of getting services for special needs children at college is very different from the process for secondary schools. By law, secondary schools are obligated to reach out to special needs families and to help figure out what services are required, and to provide those services. Colleges are not obligated. You must be extremely […]

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Can a District punish teachers for advocating for children with disabilities?

New Jersey law protects school teachers and school therapists from adverse employment action or retaliation for advocating for special needs children. If action is taken against somebody for advocating for someone with a disability  (including themselves), legal action can be taken to stop it. If you (or someone you know) is facing adverse actions for […]

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Can a school search my child or her belongings without my permission?

Parents need to understand that once a child enters school property, by law the school has certain rights that are similar to parental rights. If there is a serious disciplinary problem, or if there is a reasonable suspicion that the child might possess drugs or weapons or other contraband, the school has the right to […]

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Can I sue my school District because my child was harassed or abused by a student?

Whether or not a parent can hold a school district responsible for the actions of another student against their child depends on certain key conditions. Schools cannot guarantee that no harm will come to your child at the hands of another child when he/she enters school property. However, they CAN be held responsible IF they […]

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Can I sue my school District if my child was harassed or abused by a teacher or employee of school?

If your child is abused or harassed by an employee of a school district, you definitely do have the legal right to sue the district and hold them accountable. You need to consider how harmful the behavior was, the nature and extent of damages arising from that behavior, and how much suffering your child has […]

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Can my school discipline my child for something that she/he did off campus?

Clients often wonder whether a school can punish a child for doing something off campus. The answer is “sometimes”, depending on the circumstances. If the child’s conduct off campus results in a significant disruption back at the school, then yes, the school can legally discipline. For instance, if a child posts negative or derogatory comments […]

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