Most of the following information is taken from the New Jersey Department of Education's "Parental Rights in Special Education" handbook.  For more information visit http://www.state.nj.us/njded/parights.

General information

Q.  What is an individualized education program (IEP)?
A.  After your child is determined to be eligible for special education and related services, a meeting will be held to develop your child's IEP.  The IEP is a written plan that describes in detail your child's special education program.  the IEP should describe how your child currently performs and your child's specific instructional needs.  The IEP must include measurable annual goals and short term objectives or benchmarks. 

Referrals

Q.  What is a referral?
A.  A referral is a written request for an evaluation that is given to the school district when a child is  suspected of having a disability and might need special education services.

Q.  Who can make a referral?
A.  Parent, school personnel, agencies concerned with the welfare of students.

Q.  What happens when a referral is made?
A.  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 conducted, another decision is made about the types of testing and other procedures that will be used to determine if your child needs special education services. 

Evaluations

Q.  What is an evaluation?
A.  An evaluation is the process used to determine whether your child has a disability.  This process includes a review of any relevant data, and the individual administration of any tests, assessments and observations of your child.  For an initial evaluation, at least two child study team members and other specialists as required or as determined necessary must participate.

Q.  When is an evaluation needed?
A.  An evaluation is needed when you, the members of the child study team, and your child's teacher meet and decide that your child may have a disability. 

Q.  What is an independent evaluation?
A.  An independent evaluation is conducted by a qualified examiner(s) who is not employed by your school district.  If you disagree with the evaluation done by your district, you have the right to have an independent evaluation.

Q.  What are the requirements for an independent evaluation?
A.  An independent evaluation is provided at no cost to you.  It is at public expense.  If, as part of a due process hearing, an administrative law judge requests an independent evaluation, it too, must be at public expense.  Independent evaluations must meet the same requirements as evaluations conducted by the school district.

Q.  What if the school district believes its evaluation is appropriate?
A.  When the school district disagrees with the need for an independent evaluation, the school district must ask for a due process hearing within 20 days of receipt of your request.  If an administrative law judge decides that the district's evaluation was appropriate, the district will not have to pay for the independent evaluation.  Your right to obtain an independent evaluation at your own expense would not change.

Q.  Where can an independent evaluation be obtained?
A.  An independent evaluation may be obtained from another school district, an educational services commission, a jointure commission, an approved clinic or agency, or a private practitioner, who is certified and/or licensed as required.  Information regarding these resources must be provided by your school.

Q.  What is the school district required to do when it receives an independent evaluation?
A.  The school district must consider any independent evaluation, including one you pay for, when making decisions regarding your child's special education program.  An independent evaluation may be presented as evidence at a due process hearing.

Q.  How often must my child be reevaluated?
A.  Your child must be reevaluated every three years, or sooner if conditions warrant, or if you or your child's teacher requests it.  The school district must reevaluate your child before determining that your child is no longer a child with a disability.

Q.  What are the requirements for a reevaluation?
A.  The IEP team must meet to review the current data and decide whether additional testing is required to continue your child's eligibility for special education services.  The IEP team may decide that no additional information is needed to determine your child's continuing eligibility for special education.  As a member of the team, you may disagree with the decision and you may request that the school district conduct an assessment of your child.  Then, the school district must assess your child to determine eligibility (or ineligibility).

Q.  Does the school district need my consent to reevaluate my child?
A.  The school must obtain your consent before conducting any testing as part of a reevaluation of your child.  However, if the school can show that it tried to get your consent for the reevaluation of your child and you did not respond, then the school may proceed with the reevaluation as planned. 

Consent

Q.  What does consent mean?
A.  Consent means that you have been given all the information necessary to make an informed decision about the proposed activity.  Consent also means that you understand and agree in writing to the proposed activity.  Therefore, written notice must be part of any request for your written consent.

Q.  When must the school district obtain my consent?
A.  Your consent is required:

Q.  What happens if I don't give my consent for the proposed activity?
A.  If you disagree with the proposed initial evaluation, reevaluation, or release of records and will not give consent, the school must ask for a due process hearing unless you and the school district reach an agreement on a different course of action.  At the due process hearing, an administrative law judge (ALJ) will decide if your child can be evaluated, reevaluated or if your child's records can be released.

Q.  Must the school district obtain my consent each time there is a proposal to change my child's program or placement?
A.  No.  Once services have started, you or the school district may propose changes to your child's program or placement at an IEP meeting.  Your consent is not required to implement the changes.  The school district must provide you with written notice of the proposed changes as described above. 

Decision-Making

Q.  How are decisions made about my child's special education needs?
A.  Decisions regarding your child's special education needs are made at meetings.  As the parent of a child who has or may have a disability, you have the right to participate in meetings regarding:

Q.  How will I be informed of decisions regarding my child's special education needs?
A.  Your school district will inform you of decisions being made about your child by giving you written notice.  Written notice must be given before the school district:

Q.  When must the district provide me with the written notice?
A.  Within 15 calendar days of a meeting regarding identification, evaluation or reevaluation, the IEP, or placement, the school district must give you written notice of any decisions that were made and/or any actions that were proposed or denied.

Q.  When will the district take the action described in the notice?
A.  After you have received the written notice, you have the opportunity to consider the decisions or proposed actions for up to 15 calendar days.  This gives you the opportunity to agree or disagree with the district's position.  You can allow the school district to start the proposed action sooner by agreeing in writing.

Q.  How can I stop the proposed action when I disagree?
A.  You must request mediation or a due process hearing before the 15 days have passed.  To request mediation or a due process hearing, you must put your request in writing and send it to the Department of Education. 

Confidentiality and Access to Records

Q.  Can I see my child's educational records?
A.  School districts must maintain the confidentiality of information in your child's educational record.  However, the public school maintaining the records must assume you have authority to inspect/review your child's records unless the school has been legally notified in writing that your rights have been terminated under state law, such as guardianship or divorce.

Q.  How do I get my child's records changed?
A.  You may ask the school district to change your child's educational records if you believe the records:

Q.  Do I have a right to review my child's records when he becomes an adult student?
A.  Until your child reaches age 18, you have access to all educational records maintained by the school.  After the transfer of rights upon reaching the age of majority, you have the right of access to your child's educational records only if you child is still financially dependent on you and is still enrolled in the public school system, or if you have your adult child's consent for access. 

Mediation/Hearings

Q.  What is mediation?
A.  Mediation is a way to discuss and resolve disagreements between you and the school district with the help of a trained, impartial third person known as a mediator.

Q.  How can I request mediation?
A.  You must submit a written request to the director of the Office of Special Education Programs.  The request must include the reason for the request, the relief sought and proof that a copy of the request was sent to the school district.

Q.  How much does mediation cost?
A.  Mediation is provided at no cost to you or the school.

Q.  What is a due process hearing?
A.  A due process hearing is a legal process in which the resolution of a disagreement between you and the school district is decided by an administrative law judge from the Office of Administrative Law.

Q.  How can I request a due process hearing?
A.  You must submit a written request to the director of the Office of Special Education Programs.  The request must include the name and age of the child, the child's address, the name of the school the child is attending, the problem and facts related to the problem, a proposed solution to the problem and proof that a copy of the request was sent to the school district.

Q.  What is an expedited due process hearing?
A.  An expedited due process hearing is a hearing before an administrative law judge on disciplinary matters.

Q.  What is an emergency relief hearing?
A.  An emergency relief hearing is a due process hearing that is held quickly and without the opportunity for mediation.

Q.  What issues are considered an "emergency"?
A.  Some issues may be considered an "emergency" if it is determined that the petitioner will suffer irreparable harm unless an immediate decision is granted.

Q.  How do I request an emergency relief hearing?
A.  In addition to the information required for requesting a due process hearing or an expedited due process hearing, requests for emergency relief hearing must be supported by an affidavit or notarized statement specifying the basis for the request. 

Disciplinary Procedures

Q.  Can the school remove my child from his or her current placement for disciplinary reasons?
A.  Yes.  School authorities can suspend your child from his or her current placement for not more than 10 school days at a time for any violation of school rules if nondisabled children would be subjected to removal for the same offense.

Q.  What steps must the school take to suspend my child for more than 10 consecutive school days?
A.  Removal from your child's current educational placement for more than 10 consecutive school days for disciplinary reasons is a change in placement.  If the school district wants to suspend your child for more than 10 consecutive school days, the IEP team must hold a meeting to review the behavioral intervention plan that was developed for your child as part of his or her IEP.  If a behavioral intervention plan was not part of your child's IEP, then the IEP team must conduct a functional behavioral assessment and develop a behavioral intervention plan.  In addition, the IEP team must determine whether the behavior is or is not a manifestation of your child's disability.  

If the determination is made that the behavior is a manifestation of your child's disability, then your child may not be removed from the current educational placement (except in the case of weapons or drugs) until the IEP team develops a new IEP and decides upon a new placement.  If it is determined that the behavior is not a manifestation of your child's disability, then your child may be disciplined as any other child except that the school must continue to provide services to your child.  The IEP team decides the extent to which services are necessary to enable your child to progress appropriately in the general education curriculum and to advance appropriately toward achieving the goals set out in your child's IEP.

Q.  What steps can the school take to remove my child for discipline if weapons or drugs are involved?
A.  The school district may place your child in an interim alternative educational setting for up to 45 days, if you child:

The IEP team will decide the interim alternative educational setting and the steps to be taken at the end of the 45 day placement. 

Complaint Investigation

Q.  What is complaint investigation?
A.  Complaint investigation is a procedure to assure that the school district is complying with federal or state statute and/or regulations regarding special education.  A complaint investigation may be requested when a violation of special education law is suspected.  

Q.  Who can request a complaint investigation?
A.  Anyone can request a complaint investigation by sending a written request to the director of the Office of Special Education Programs.  The request must state the specific violation that you believe has occurred, provide the facts on which the statement was made, state when the alleged violation occurred and state whether compensatory services are being requested.

Q.  Is there a time limit for requesting a complaint investigation?
A.  Yes.  Time limits for requesting a complaint investigation have been established so that the issues are not too out of date to arrive at an appropriate resolution.  The complainant must submit the request no later that one year after the violation occurred.  There are two exceptions to this time limit.  A longer period may be reasonable because the violation is continuing or because the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date the request was received. 

Section 504

Q.  What are Section 504 accommodations?
A.  A child may be entitled to educational programs, services and accommodations under Section 504 of the Rehabilitation Act of 1973.  Section 504 applies to a broader range of students than IDEA, and may, therefore, require programs and services to children who are not eligible for special education.  Section 504 requires that any group or program receiving federal money, either directly or indirectly, include people with disabilities in its activities and services.  Federal money may be taken away if the program discriminates against people with disabilities.  

Under Section 504, a person with a disability is one who either "has a physical or mental impairment which substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such and impairment."  Examples of a disability under Section 504 are cerebral palsy, epilepsy, muscular dystrophy, diabetes, dyslexia, attention deficit disorder/attention deficit hyperactivity disorder (ADD/ADHD), severe allergies, and asthma.  Major life activities include seeing, hearing, walking, breathing, speaking, using one's hands, learning, socializing, and caring for oneself.

All children who are eligible for special education are considered disabled and, therefore, protected under Section 504.  However, all children who are considered to have a disability under Section 504 may not be eligible under the special education laws.