Where to Start: IEP / 504 Plan

Q: Where can I find the laws that govern Special Education?  

A: IDEA (Individuals with Disabilities Education Act) is the federal law that governs all states for special education. IDEA https://sites.ed.gov/idea/ 

 N.J.A.C. 6A:14 (New Jersey Administrative Code) is the NJ State law for special education.   N.J.A.C. 6A:14 https://www.state.nj.us/education/code/current/title6a/chap14.pdf  OCR (Office of Civil Rights) enforces Section 504 https://www2.ed.gov/about/offices/list/ocr/index.html  Note: PRISE (Parents Rights in Special Education) is a brief summary of IDEA and N.J.A.C.  https://www.nj.gov/education/specialed/parents/ParentalRightsinSpecialEducation2023.pdf 

Q: I think my child needs special education. How does a child get assessed or referred to special education services? 

A: You can refer your child for an evaluation by submitting a written request to your school district. Who can make a referral? Parents, School personnel, Agencies concerned with the welfare of students, including the New Jersey Department of Education. 

 
Within 20 calendar days of the referral, the full child study team must hold a meeting with the parent and the student’s teacher to determine if an evaluation is warranted and the scope of any evaluation.  If evaluation is warranted, and the parent consents, the district will complete evaluations within 60 days.  

Q: What happens after my child is evaluated to see if they qualify for Special Education services? 

A: The school will schedule an Eligibility Determination Meeting (EDT). At the meeting, the team decides if a child’s education is “adversely affected” by a disability that falls under one or more of the 13 categories determined by federal law. This determines if your child is eligible for Special Education services.

* NOTE: The district must provide the parent the evaluation results at least 10 days prior to the meeting. N.J.A.C. 6A:14-3.5(a) 

* NOTE: You are allowed to request a meeting with the diagnostician prior to the EDT. This will help you to understand the results of the educational evaluation and fully participate as a team member at the EDT.  

Q: What if I disagree with the evaluation results? 

A: Parents have the right to obtain an Independent Educational Evaluation (IEE) conducted by a qualified outside specialist at no cost to the parent. The parent must make the request in writing. This can be for any evaluation including the initial evaluation or evaluations conducted throughout your child’s school years.  NJAC 6A:14-2.5(C) 

Q: Do I still need an evaluation if my child already has a diagnosis? 

A: Yes. An educational evaluation is not the same as a diagnosis by a medical professional. Schools require their own evaluations but may use testing information from outside professionals. 

* NOTE: Testing must be appropriate for the child and given in their native language.  

 Example: If your child is non-verbal, the evaluator must choose tests that are designed to measure the aptitude (what your child should be able to do) or achievement (what he/she is actually doing) of students who are non-verbal. The test should not just give you the information that your child is non-verbal – you already know that!

Q: Does my child’s disability qualify them for special education? 

A: The Individuals with Disabilities Act (IDEA) defines 13 disabilities may qualify a child for special education:
Autism
Deaf-blindness 

Deafness
Emotional disturbance 

Hearing impairment
Intellectual disability 

Multiple disabilities
Orthopedic impairment 

Traumatic brain injury
Other health impairment (including ADHD) 

Speech or language impairment Visual impairment, including blindness 

Specific learning disability (including dyslexia, dyscalculia and dysgraphia, and other learning issues) 

Q: What if my child is not found eligible for special education services? 

A: Children who are not eligible for special education services may still receive services through a 504 Plan, which provides services and accommodations to children with disabilities or other medical conditions. 

Q: What is a 504 plan? 

A: Children with disabilities or perceived disabilities who are not eligible for special education may qualify for extra help and accommodations under Section 504. Congress passed Section 504 of the Rehabilitation Act in 1973 to protect people with disabilities from discrimination in programs that receive federal funds. Because all public schools and many independent schools receive federal dollars, they are required to follow Section 504.

* If your child qualifies for Section 504 services, she or he may receive specialized instruction, related services, classroom accommodations, or adaptations to the education environment. Qualified students are also guaranteed equal access to all academic and nonacademic activities and programs, including after school programs. 

Q: Do I have a say in the educational placement of my child? (type of classroom) 

A: YES! Parents are key members of the IEP team that decides the child's placement. The placement decision cannot be made until after the IEP team, including the parent, reaches consensus about the child's needs, program, and goals. The district is obligated to provide the parent with all placement options, not just telling the parent what type of classroom/program their child will be placed in. 

Q: Can I observe the classroom and/or program before consenting to my child being placed in that setting?

 
A: Yes. Prior to the implementation of the IEP, the district board of education shall provide the parent with the opportunity to observe the proposed educational placement, including the general education setting, special class programs, and out-of-district placements in a program operated by another district board of education or a private school placement. N.J.A.C. 6A:14-4.1(k) 

Q: What is the maximum number of students with special education allowed in inclusion classes?

A: Elementary Schools – 8  Secondary Schools – 10 students 

Q: What is an IEP? 

A: An IEP is the written document reviewed each year that determines the services, accommodations, and modifications that your child will receive. If a service or accommodation is written into the IEP, your child must receive it because an IEP is a legally binding document. IDEA says that each child who has a disability must receive a Free and Appropriate Public Education (FAPE). At the core of FAPE is the Individualized Education Program (IEP). 

Q: How often are IEP meetings held? 

A: IEP meetings are held at least once a year; but if you have a concern you can request a meeting at any time. New Jersey code 6A:14-3.7

Q: Who is required to be at an IEP meeting?  

A: The following:  

• The parent 

• General education teacher of the student (If the student has no general education teacher, a general  education teacher who is knowledgeable about the school district's programs shall participate) • Special education teacher of the student 

• The case manager 

• At least one child study team member who can interpret the instructional implications of evaluation  results (usually the case manager) 

• A school administrator of the district who has the authority to approve of financial decisions (i.e. services,  equipment, or programs that may have a financial requirement). The meeting must include a person who  has the power to make decisions about school resources. 

• The Related Services provider(s) that deliver the student’s related services.  

Q: Can the district excuse someone from the IEP team from attending the IEP meeting?
A: Not without parent consent. The parent must give written consent. N.J.A.C. 6A:14-2.3(k)9-10 

Q: Can a member of the IEP team (EX: a teacher) leave the IEP meeting while it is being conducted?
A: Not without consent. An IEP team member (EX: a teacher) can NOT leave the meeting unless the parent gives written consent. The district can not inform the parent that the teacher has to get back to class and leave the meeting. N.J.A.C. 6A:14-2.3(k)9-10 

Q: Can an IEP be amended without an IEP meeting?  

A: Not without parent consent. The parent must consent to it in writing. N.J.A.C. 6A:14-3.7(d) If the district wants to request a change without an IEP meeting, they must provide a request by sending Prior Written Notice to the parent. The parent has 15 days to respond.  

Q: Can I record the IEP meeting? 

A: Yes. N.J.A.C. 6A:14-2.3(k)8 

 Parents should record every IEP meeting. It is vital to be able to review agreements and discussions accurately.  

Q: What is a Prior Written Notice (PWN)? 

A: Prior Written Notice is a written document that must be provided to a parent whenever the school proposes or refuses to initiate or change a child’s: 

• Identification (eligibility for services, need for services, and/or change of disability category) • Evaluation (initial evaluation, re-evaluation) 

• Educational placement 

• IEP 

 The school must give the parent Prior Written Notice if they say no to a request for the above items in writing.  PWN must be placed in the IEP. The school must write in the IEP when they said no to a request the parent has made in an IEP meeting.  

Q: Can the school remove any services (related or otherwise) from my child’s IEP 

 a) without notifying us and 

 b) without any kind of testing to PROVE my child doesn’t need the service in the IEP any longer?

A: No

When there is an IEP in place, removing any related services is considered a change to the IEP. This requires an IEP meeting. However, if a parent requests or gives consent to changing the IEP without a meeting, the district can then change the IEP (after the parent consents). New Jersey code 6A:14-3.7  

In an IEP meeting - if the district recommends removal of any service at the time, then there must be data to prove that the service is no longer necessary.

Also ask: Have all the goals that required this service been achieved? IEPs are data driven, so it is appropriate to ask for evidence of such data!

A: Yes. Under New Jersey code 6A:14-3.7 Individualized education program: 

 (l) Signatures of those persons who participated in the meeting to develop the IEP shall be maintained and either a copy of the IEP or written notes setting forth agreements with respect to the IEP as determined by the IEP team shall be provided to the parents at the conclusion of the meeting. 

Q: What is the most important part of the IEP? 

A: The Present Levels of Academic Achievement and Functional Performance Section (PLAAFP).  The Present Levels are the foundation of the IEP. All IEPs must include the child's Present Levels in academic achievement and functional performance. 20 USC Sec. 1414(d)(1)(A)(i). When the child's team works to develop an IEP, the present levels must be accurate and up-to-date. 

IDEA requires the IEP team to begin the IEP process by describing the child's present levels of academic achievement and functional performance. The present levels of performance describe the child’s unique needs that result from the disability. This includes testing data and evaluations that prove what the child needs. If the PLAAFP is accurate, current, comprehensive, and based on objective observations and/or test data, you will have a clear sense of your child's needs and will know what the school must provide.

PLAAFP is the section of the IEP where teachers and service providers note the current academic, functioning  and social emotional levels of the student. This includes recent assessments, behavioral needs, strengths and  weaknesses as well as progress made. Everything in the IEP is based on what the child needs (i.e. accommodations, related services, goals, etc..) – which is in the PLAAFP. When the IEP does not include accurate, up-to-date information about the child's present levels, the IEP is defective -- it has no foundation. An IEP is not educationally or legally correct unless it is based on accurate, up- to-date Present Levels. 

Q: What is Adaptive Physical Education? 

A: Adapted Physical Education (APE) is physical education which has been adapted or modified, so that it is as appropriate for the person with a disability as it is for a person without a disability.” (Adapted Physical Education National Standards at http://www.apens.org/whatisape.html) 

Q: When is the district required to discuss transition for the IEP? 

A: Age 14 years old. N.J.A.C. 6A:14-3.4(f)5 & N.J.A.C. 6A:14-3.7(e)11. 

 NOTE: This includes referral to DVRS (the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development). 

Q: What is the difference between accommodation and modification?  

A: A modification means a change in what is being taught to or expected from the student. Making an assignment easier so the student is not doing the same level of work as other students is an example of a modification. An accommodation is a change that helps a student overcome or work around the disability. Allowing a student who has trouble writing to give his answers orally is an example of an accommodation. This student is still expected to know the same material and answer the same questions as fully as the other students, but he doesn’t have to write his answers to show that he knows the information. 

Q: What if my child’s IEP accommodations and services are not being provided in the classroom/school?
A: If the services that are listed in the IEP and are not being provided there are many options. If accommodations are not being provided by the classroom teacher, a conversation with the teacher would be the first appropriate step.  

If the issue cannot be resolved, then write your child’s case manager.  

 If the issue cannot be resolved, then write the department of student services. 

 If the issue cannot be resolved, then write the superintendent. 

 If the issue cannot be resolved, then write the NJ State Department of Special Education.

Q: When a parent requests their child to be evaluated for special education, how long does the district have to   complete this?  

A: Within 20 calendar days of receiving a request (referral for special education), the school district must hold a   meeting to decide whether an evaluation will be conducted. The child study team must inform the parent in   writing of the decision to evaluate at least 15 calendar days before conducting the evaluation.  Once the district agrees to evaluate a child for special education:  

 
IDEA (federal) allows for 60 days from the time you give permission for the evaluation.  NJAC states 90-day time period established to complete an initial evaluation and, if eligible, to initiate services.  N.J.A.C. 6A:14-3.4(e) 

Q: How often does re-evaluation take place? 

A: At least every 3 years. The reevaluations are used to determine whether a student continues to be eligible for special education. 

Q: When a parent requests an IEP meeting, how many days does the district have to schedule the meeting?
A: The district must respond to a parent within twenty (20) days of receipt of a parent’s written request.  Parents have the right to at least a 10-day notice of an upcoming IEP team meeting. 

Q: How often are IEP meeting held? Can I ask for an IEP meeting when I want? 

A: An IEP meeting must be held at least once a year (annual review). In addition, a parent can call a meeting at any time. 

Q: How many days before the IEP meeting is the district required to give parents all evaluation reports (results) and documentation used to determine eligibility for special education and to develop a student’s IEP?
A: 10 days before the meeting. N.J.A.C. 6A:14-3.5(a) 

Q: If a district denies a request by a parent, how many days does the district have to provide Prior Written notice? 

  A: 15-days N.J.A.C. 6A:14-2.3(h) 

Q: If a parent requests an Independent Educational Evaluation (IEE), how many days does the district have to complete it?

A: Not later than 20 calendar days after receipt of the parental request for the Independent Educational Evaluation. 

Manifestation Determination Meeting : Special Education

Children with mental health disorders and other disabilities may have difficulty regulating their emotions while at school. Sometimes school staff may discipline a child who has an Individualized Education Program (IEP) related to their mental health, behavioral disorders, or other disabilities. This discipline may include being sent home early from school, in-school or out-of-school suspension, or other consequences that align with the school district’s discipline policy. There are some situations in which schools are required to continue to provide educational services for children with disabilities who are not allowed in school due to a violation of the district’s discipline policy. When this occurs, parents and school staff need to hold a meeting called a manifestation determination to decide next steps. 

What is a Manifestation Determination Meeting?

A manifestation determination is a meeting where parents of a student with an IEP and school staff review relevant information about the child and answer two questions:

1. Was the behavior caused by, or have a direct and substantial relationship to the child’s disability?

2. Was the behavior the direct result of the school’s failure to implement the child's IEP or 504 plan?

If the answer is “yes” to either of the above questions, then the behavior is determined to be a manifestation of the child’s disability. Parents and school staff only have to answer “yes” to one of the above questions for the behavior to be considered a manifestation of your child’s disability.

When does a Manifestation Determination Meeting need to be held?

A manifestation determination meeting must be held within 10 school days if a child has a disability:

• Has been suspended for 10 days in a row

• Has been suspended for more than 10 total days in the same school year for similar behaviors

• The school district is considering expulsion

What Relevant Information Should Be Reviewed by the School Before Deciding if My Child’s Behavior Was a Manifestation of Their Disability?

• Special education evaluation

• Individualized Education Program (IEP)

• Behavior Intervention Plan (BIP)

• School discipline records

• Information from the parent about the child’s disability and it’s unique impact on the child’s behavior

• Diagnostic assessment or neuropsychological evaluation (if parents chooses to share)

What happens if the team determines that the behavior is a manifestation of my child's disability?

• The IEP team needs to reevaluate your child to include a Functional Behavioral Assessment (FBA) if an FBA was not completed as part of the most recent special education evaluation

• If an FBA was completed as part of the most recent special education evaluation, the IEP team must either develop or review a Behavior Intervention Plan (BIP) and make necessary changes that allow your child to make educational progress

• After the fifth day in a row or the 10th day of suspension in a school year, the school must continue to provide your child with educational services that allow them to make progress in both the general education curriculum and on their IEP goals. Schools may provide educational services in an alternative educational setting.

• Your child cannot be expelled

• In most situations, your child has the right to return to their current placement after the suspension

Under what circumstances is my child not allowed to return to their classroom or school?

• School staff may place your child in an alternative education setting for up to 45 school days, even if the behavior is a manifestation of the disability, if the behavior was related to:

  • Possession of a dangerous weapon at school or during a school event

  • A pocket knife of less than 2½ inches in length is not considered a dangerous weapon

  • Possession, use, or sale of an illicit drug or controlled substance

  • This may include controlled substances that are prescribed to your child

  • Serious bodily injury to others, which includes:

  • Serious risk of death

  • Disfigurement

  • Permanent injury to a body part or mental abilities

  • Serious bodily injury does not include scratches and bruises, in most cases

  • At the completion of the alternative educational placement, your child can return to their previous educational setting

  • For suspensions not related to weapons, drugs, or serious bodily injury, a change in placement may occur when parents and school staff agree the change is needed

What is an alternative education setting?

If the IEP team decides that the behavior is not a manifestation of your child’s disability, they may discipline your child in the same was as any other student,   including expulsion. However, the school is still responsible for educating your child if:

• Your child has been suspended for more than five days in a row, even though a manifestation determination meeting is not required until the 10th day of suspension

• Your child has been suspended for more than 10 total days in the school year

• Your child has been expelled

• Your child is being placed in a 45-day alternative educational placement for possession or use of weapons or drugs, or for inflicting serious bodily injury

Under these circumstances, your child may receive education in an alternative setting.

An alternative education setting is individually determined and depends on the unique circumstances of the student. It must enable the child to participate in the general education curriculum and to progress toward meeting the goals outlined in their IEP.

An alternative education setting may include:

• A different school

• Meeting with a teacher in the home or community (for example, a library or community center)

• Virtual meetings with teachers

• Other alternative education settings

What if I disagree with school staff about whether the behavior is a manifestation of my child's disability?

 You can request a conciliation conference or mediation

• These are optional meetings and school staff must agree to meet with the parent

• You can request an expedited due process hearing

• If you request an expedited due process hearing, the school district is required to participate

• Parents and the school district have the right to include a lawyer and other experts to advise them in a due process hearing

• If your child has been placed in a 45-day alternative education setting for possession or use of a weapon or drugs or for serious bodily injury, they will continue their education in the alternative education setting until a decision can be made by an impartial hearing officer

Evaluation  

The tests and other assessment procedures, including a review of information, that are used to decide whether your child is eligible for special education services.  

Free, Appropriate Public Education (FAPE)  

This refers to the standard of education that all students are entitled to by New Jersey law and under the  federal Individuals with Disabilities Education Act (IDEA). All eligible students between the ages of three and 21  are entitled to receive a program of special education services and other supports to help them learn in the least  restrictive environment (LRE) possible. The district is required to ensure your child receives FAPE. The IEP or 504 plan includes services and the roadmap to ensure your child receives FAPE.  

 NOTE: The “appropriate” component means that this education must be designed to meet the individual educational needs of the student as determined through appropriate evaluation and placement procedures. The IEP MUST be appropriate to ensure the student advances educationally.  

Functional Behavioral Assessment (FBA) 

The process of coming to an understanding of why a student engages in challenging behavior and how student behavior relates to the environment. The purpose of the functional behavioral assessment is to gather information to better understand the specific reasons for the student’s problem behavior. An FBA is completed in order to  create the Behavioral Intervention Plan (BIP). The FBA is conducted by the BCBA (Board Certified Behavior  Analyst). 

ICS (In Class Support) 

The general education classroom also contains special education students receiving in class support. The classroom has two teachers. The special education teacher provides on-going support to the general education  teacher(s) to ensure instructional support needs are in the general education classroom. The special education  teacher adapts lessons and identifies accommodations and instructional strategies appropriate to the specific  special education students. 

Least Restrictive Environment (LRE)  

To the maximum extent appropriate, children with disabilities are educated with children who are not disabled and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  

StayPut  

The requirement that no change can be made to the education of a student who is or may be determined eligible for special education during mediation or due process. The student must stay in his or her current program or placement, unless you and the school district agree to a change, or a court orders a change.

Acronyms
AAC: Alternative Augmentative Communication

ABA: Applied Behavioral Analysis

ADA: Americans with Disabilities Act

ADD: Attention Deficit/Attention-Deficit Hyperactivity Disorder

ADHD: Attention-Deficit Hyperactivity Disorder

APE: Adaptive Physical Education

ASD: Autism Spectrum Disorders

ASL: American Sign Language

AT: Assistive Technology

BIP: Behavioral Intervention Plan

CST: Child Study Team

DDD: Division of Developmental Disabilities

DOE: Department of Education

DVRS: Division of Vocational Rehabilitation Services

ESL: English as a Second Language

ESY: Extended School Year

FAPE: Free Appropriate Public Education

FBA: Functional Behavioral Assessment

FERPA: Family Educational Rights and Privacy Act

GE: General Education

IDEA: Individuals with Disabilities Education Act

IEE: Individualized Educational Evaluation

IEP: Individualized Education Program

LD: Learning Disability

LEA: Local Education Agency

LRE: Least Restrictive Environment

NJAC: New Jersey Administrative Code

OCR: Office of Civil Rights

OSEP: Office of Special Education Programs

ODD: Oppositional Defiant Disorder

OT: Occupational Therapy

PBS: Positive Behavioral Supports

PDD: Pervasive Developmental Disorder

PLAAFP: Present Level of Academic Achievement and Functional Performance

PRISE: Parents Rights in Special Education

PWN: Prior Written Notice

PT: Physical Therapy

SPAN: Statewide Parent Advocacy Network

ST: Speech Therapy