School Law and Educational Rights

Free, appropriate public education is available to any student with a disability who needs special education, or to a child who has a disability who needs accommodations for the disability.  In some cases, a parent may need an attorney to get the school to even start the process to classify the child as a special needs child, or as a child with a disability who needs an accommodation.

School administrators at times will wrongfully administer discipline or suspend a child with a learning disability or other disability in a manner contrary to law. 

A child with a disability may have social or behavioral problems manifesting from or related to his/her disability. Sometimes a school will wrongfully suspend such a child without first making the proper inquires and determinations to see if it appropriate, and by failing to consider and apply modifications, and by not following  proper due process. 

Hope A. Lang will assist you to enforce your child's rights under the IDEA, determination of eligibility for special education/related services, development and proper implementation of the Individual Education Plan (IEP). If your child is handicapped under Section 504 of The Rehabilitation Act, she can assist you in obtaining the accommodations and services that your child needs.

Hope A. Lang also can represent the child if the school is discriminating against him/her, harassing or allowing others to harass the child in violation of the Law Against Discrimination; by way of example, harassment because of the child's perceived gender orientation.

Call Hope A. Lang, Attorney at Law now at 201 599-9600

FAQs

What rights does my child with a disability have in the New Jersey public school system? 

Children with disabilities are entitled to a free and appropriate public education under federal and state law. This includes eligibility evaluation for special education services, a properly developed and implemented Individual Education Plan (IEP), and accommodations under Section 504 of the Rehabilitation Act. If a school is delaying or denying this process, an attorney can step in to enforce your child's rights.

Can a school suspend my child with a disability the same way it would any other student? 

Not necessarily. When a child's behavioral or social issues stem from a disability, the school is required to make proper inquiries and determinations before imposing discipline, consider modifications, and follow due process. Suspending a child with a disability without taking these steps may be a violation of the law, and you may have grounds to challenge the school's actions.

What if my child is being harassed or discriminated against at school? 

Hope A. Lang can represent children who are being discriminated against or harassed at school in violation of the New Jersey Law Against Discrimination — including harassment based on perceived gender orientation. No child should be subjected to a hostile school environment, and legal remedies are available when a school fails to intervene or is itself responsible for the discriminatory treatment. Call (201) 599-9600 to discuss your child's situation.

From offices in Oradell, the law firm of Hope A. Lang, Attorney At Law represents persons throughout New Jersey,  including Bergen, Middlesex,  Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties.