Special Education Advocacy
While every child in the United States is entitled to a public education, parents of children with disabilities understand that getting necessary services in place to ensure their child’s education can be time-consuming and difficult. There are two primary avenues for getting your child services in New Jersey. First, an individualized education plan (IEP) through the Federal Individuals with Disabilities Act (IDEA). IDEA is limited to the thirteen categories outlined in the act:
Specific Learning Disability (SLD), which includes Dyslexia, Dyscalculia, Dysgraphia.
Other Health Impairment that affects strength, energy or alertness, such as ADHD.
Autism Spectrum Disorder.
Emotional Disturbance such as anxiety disorder, schizophrenia, bipolar disorder, obsessive-compulsive disorder, and depression.
Speech or language impariment.
Visual impairment, including blindness.
Deafness.
Hearing Impairment.
Deaf-blindness.
Orthopedic impairment.
Intellectual Disability.
Traumatic Brain Injury.
Multiply disabled.
The disability must affect the child’s ability to learn or performance at school without specialized instruction.
Section 504 of the Rehabilitation Act of 1973 is a broader alternative to an IEP under IDEA. A 504 plan covers any disability that impairs a child’s ability to learn in a traditional classroom. A 504 plan can be available from Kindergarten through 12th grade, whereas an IEP can be put in place from the ages of 3 through 21.
