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Share with Legislators ACNJ president’s Op-ed supporting legislative bills to invest in child care.

Posted on April 21, 2022

It's time to address the long-time child care crisis in New Jersey. The pandemic didn’t create it – it exposed it.

Let's urge legislators to support Senate Majority Leader Teresa Ruiz's comprehensive package of bills that would help parents, strengthen programs and support staff. One bill, S-2476 (pending introduction), incentivizes the development of child care for infants and toddlers, the most difficult for families to find.

Share the op-ed authored by ACNJ President Cecilia Zalkind describing this historic proposal.

The package comes with a $360 million price tag. But we need to tell state leaders that this is an investment we cannot afford not to make.

Read the Op-Ed

New Jersey's commitment to children has led to extraordinary advances, putting the state ahead of the rest of the country and most importantly, improving the lives and well-being of newborns and preschool-age children.

But we are still missing the babies.

Let's make some noise for child care and take a moment to send a message to your state leaders that this is a critical investment for children, families and for our economy.

During this legislative session, ACNJ is calling on the state to:

Improve access to infant/toddler care by increasing the number of available child care programs;
Expand child care assistance for parents of very young children; and
Support the child care workforce, who have historically been underfunded and underappreciated

Placement Options in Special Education

Post author By Aisha Khan
Post date September 25, 2025

Posted on September 25, 2025

Co-Authored by:

Lauren DeCamp
Corporate Counsel
Audible

Casey O'Brien
Corporate Counsel
Global Mile

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

As a parent of a child with special needs, understanding the various placement options available through special education can be overwhelming. Your child has a right to be educated in the "least restrictive environment" under New Jersey law (N.J.A.C. 6A:14-4.2 and 4.3). This means that, to the maximum extent appropriate, your child should be educated alongside peers without disabilities and as close to home as possible. NJ law only allows more restrictive placements, discussed below, when your student’s disability makes education in more inclusive general education settings impossible to achieve satisfactorily with reasonable accommodations and supports.

New Jersey law requires schools to maintain what's called a "continuum of placements." This means they must provide a range of educational options to meet the individual needs of students with disabilities. This approach recognizes that students with disabilities have varying needs that require different levels of support and specialized services. Your child's Individual Education Program (IEP) team, which includes the parent, must offer placement options to appropriately match your child's individual requirements with the most suitable learning environment(s).

Importantly, your child has the right to participate in multiple settings based on their individual needs. Your child's placement should be based on their IEP and must be reviewed at least annually. The school cannot remove your child from general education classes solely because they need curriculum modifications.

Here are some common terms for the placement options your child has a right to access:

Inclusive Setting: This is where your child learns in a general education classroom alongside students without disabilities. In this environment, your child participates fully in the general education curriculum while receiving necessary support services and modifications within the regular classroom.
Push-In Services: In this model, special education teachers or specialists come directly into the general education classroom to provide support while your child remains with their peers. This might involve co-teaching or individual support within the regular classroom setting for one or more subjects or support services, allowing your child to receive specialized help without being separated from their classmates.
Pull-Out Services: With this approach, your child leaves the general education classroom for specific periods to receive specialized instruction in a separate resource room. This might happen for certain subjects or specific support services, after which your child returns to the general education classroom for the rest of their subjects.
Self-Contained: This means a special class specifically designed for students with disabilities, taught by a special education teacher. These classrooms typically have smaller class sizes and provide more intensive support. This setting is used when students need more specialized instruction that cannot be effectively provided in the general education setting.
Special Education Programs: This means programs out of the student’s home district, including another district, county vocational district, rehabilitation program, medical institutions, non-public school approved for students with disabilities, non-public or out-of-state programs in special circumstances, residential, home instruction, or other settings. One of these settings may be appropriate if the district cannot offer a proper in-district program.

In any of these settings, your child may receive various supplementary aids and services, including:

Curricular or instructional modifications
Specialized instructional strategies
Assistive technology devices and services
Teacher aides
Related services
Integrated therapies
Consultation services
In-class resource programs

To help ensure your child receives appropriate placement:

Actively participate in IEP meetings
Request detailed explanations of proposed placements
Review your child's progress regularly
Ensure decisions are based on your child's individual needs
Remember that your child can participate in multiple settings if needed

Consider consulting an attorney if:

Your child's placement decisions appear to be based on administrative convenience rather than individual needs
The school refuses to consider less restrictive alternatives
Your child is being removed from general education without proper justification

Relevant laws:

N.J.A.C. 6A:14-4.2 (Placement in the least restrictive environment)
N.J.A.C. 6A:14-4.3 (Program options)

KidLaw Resource Center

Understanding Discipline Rights in Special Education: A Parent’s Guide

Post author By Aisha Khan
Post date September 24, 2025

Posted on September 24, 2025

Co-Authored by:

Krys Kim
Contracts Manager

Gavin Pereira
Corporate Counsel

Shivani Shah
Corporate Counsel

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

As a parent of a child with special needs, navigating the educational system can be challenging - especially when it comes to discipline. Let's break down what you need to know about your child's rights when it comes to school discipline.

Schools can suspend students with Individualized Education Programs (IEPs) just like any other student - but only up to a point. The magic number here is 10 days. After that, several important protections kick in for your child. This applies not just to students with existing IEPs, but also to those in the initial evaluation process. Additionally, whether the student has an IEP or is being evaluated for one, before any suspension, the student’s unique circumstances, due to the disabling condition, may be considered in deciding whether or not to suspend or change the student’s placement.

What Happens After 10 Days?
Once your child reaches that 10-day threshold (either consecutively or cumulatively in a school year), here's what should happen:

- - The school must schedule a "manifestation determination" meeting
  - Educational services must continue
  - You should receive written notice about any disciplinary actions

The Manifestation Determination Meeting
This meeting is crucial - it's where the school staff, IEP team and parents come together to answer two questions:

Was your child's behavior caused by or directly related to their disability?
Did the behavior happen because the school failed to properly implement the IEP?

What Comes Next?
It depends on the findings from that meeting. If the behavior IS related to the child’s disability:

- - Your child returns to their original placement (unless you agree to a change)
  - The school must conduct a behavioral assessment
  - A behavior intervention plan needs to be created or updated

If the behavior is NOT related to the child’s disability:

- - Regular discipline procedures may apply
  - Your child must still receive educational services

Special Circumstances You Should Know About
There are some situations where schools can move your child to an alternative setting for up to 45 days, regardless of the manifestation determination:

- - If they bring weapons to school
  - If drugs are involved
  - If they cause serious bodily injury to another person

Pre-school students with disabilities may not be suspended or expelled. There are also certain restrictions on suspensions and expulsions up through 2nd grade.

Know Your Rights
As a parent, you have several important rights throughout this process:

- - You must receive written notice and due process rights for any disciplinary action, including the right to a school board hearing for long-term suspensions
  - You have the right to participate in all meetings
  - You can appeal decisions through due process
  - You can request expedited hearings
  - Your child has the right to continue receiving educational and related services no later than the 5th day of suspension

Understanding these rights is crucial for advocating for your child. While schools need to maintain safe learning environments, students with disabilities have specific protections under the law. Don't be afraid to ask questions and seek clarification - your involvement is key to ensuring your child's rights are protected.

Remember: These laws come from New Jersey Administrative Code (N.J.A.C. 6A:14-2.8 read with 20 U.S.C. § 1415(k) and N.J.A.C. 6A:16).

Note: This blog provides general information and should not be considered legal advice. Always consult with educational advocates or legal professionals for specific situations.

KidLaw Resource Center

Education Rights of Homeless Students: Under New Jersey Law

Post author By Aisha Khan
Post date September 23, 2025

Posted on September 23, 2025

Co-Authored by:

Ruth Vinson
Senior Corporate Counsel
Amazon

Carter Nelson
Corporate Counsel
Amazon

Jake Goodman
Corporate Counsel
Audible

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

Summary of the Law
New Jersey law allows homeless children to continue attending school in the district they lived in prior to becoming homeless, unless this is not feasible or is against the parent’s wishes. Alternatively, the child may go to school in the district in which they last attended or where they are currently living. Transportation shall be provided by the district where the student is enrolled. A child is considered homeless when they lack a fixed, regular, and adequate residence. This includes children living in shelters, hotels/motels, cars, parks, public spaces, condemned or dilapidated housing, tents, abandoned buildings, temporary housing, or staying with relatives or friends due to lack of adequate housing. The law also ensures the education of children who are in state correctional facilities or resource family care.

Your School Options
The school district your child attended prior to becoming homeless is responsible for deciding where the child is enrolled. They should make this decision based on the best interest of the child and in accordance with the child’s parent’s wishes. These are the options for enrollment: They should enroll the child in the school district they were in prior to becoming homeless to the extent feasible, unless the parent does not want the child to be enrolled there. Otherwise, they should continue the child’s enrollment in the school district the child last attended or they should enroll the child in the school district where the child resides. This enrollment should be maintained for the duration of homelessness and for the remainder of the school year if the child becomes permanently housed during the school year.

After this decision is made, the child will be enrolled immediately, even if the child does not have documentation normally required for enrollment such as academic records or medical records. If there is a dispute about enrollment, the child will be immediately enrolled in the district the parent wants until the dispute is resolved. In addition, for children placed in districts other than where they are living, the school district must provide transportation services.

Resolving Disputes & Appealing
If a school district disputes your child’s homeless status or refuses your choice of school placement, don’t give up – you have appeal rights. First, contact the district’s homeless liaison immediately. If that doesn’t resolve the issue, the dispute goes to the executive county superintendent, who must make a decision within 48 hours. During any dispute, your child must be allowed to stay enrolled in the school where you want them to attend. If the county superintendent’s decision doesn’t resolve the matter, you can appeal to the state Commissioner of Education.

Getting Assistance
You should consider contacting an attorney if: the school district refuses to recognize your homeless status; denies your school choice; fails to provide required transportation, appropriate education, and/or support services; refuses immediate enrollment; or if appeals through the county and state levels are unsuccessful.

For the complete law, see N.J.A.C. 6A:17. For immediate assistance with school enrollment or other homeless education rights, contact your local school district’s homeless education liaison. If the district’s liaison isn’t helpful, contact the New Jersey Department of Education's McKinney-Vento Homeless Education Coordinator.

KidLaw Resource Center

Intervention and Referral Services: What Parents Need to Know

Post author By Aisha Khan
Post date September 23, 2025

Posted on September 23, 2025

Co-Authored by:

Brian Andrews
Global Head of Public Policy
Audible

Anthony DeNunzio
Manager, Global Content Rights Audible

Tera Lynn Rule
Corporate Counsel
Amazon Health Services

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

School Districts in New Jersey are mandated by law to provide services referred to as Intervention and Referral Services (I&RS) to any student who is struggling either academically or behaviorally in school. Students do not need to have a formal diagnosis, such as from a medical provider, to gain access to the services. However, schools cannot make a student try these services first or wait to be tested for special education if someone thinks the student might have a disability.

The goal of I&RS is to utilize school and community resources to address barriers to student success and learning before a formal special education evaluation is needed. The specific I&RS procedures and services offered can differ across New Jersey School Districts based on their student population and resources available.

Generally, Intervention and Referral Services may include:

- - Identifying student learning, behavior, and health difficulties;
  - Collecting and analyzing information on the identified difficulties;
  - Developing and implementing action plans to address the difficulties;
  - Coordinating the services of school staff and community resources;
  - Actively involving parents or guardians in the development and implementation of intervention and referral services action plans;
  - Providing support, guidance, and professional development for teachers;
  - Monitoring and evaluating the effectiveness of the interventions; and/or
  - Referrals to the child study team for evaluation and determination of eligibility for special education services, if necessary.

Here are the recommended steps parents should take to request Intervention and Referral Services (I&RS):

1. Document Everything

Keep a written record of your child's struggles
Save emails, test scores, and teacher communications
Note dates when you request help or services
Keep copies of any letters or forms you submit

2. Make Formal Requests in Writing

Send a dated letter or email requesting I&RS services
If you suspect a disability, specifically request a Child Study Team evaluation
Keep copies of all requests
Send communications via certified mail or email for proof of receipt

3. Know Your Rights

You can request I&RS services AND a special education child study team evaluation at the same time
Schools must respond to evaluation requests by scheduling a child study team meeting within 20 calendar days
You don't have to "try" I&RS before requesting an evaluation

4. Follow Up

If you don't receive a response, send a follow-up letter
Keep track of response deadlines
Document any delays or refusals

5. Attend All Meetings

Take notes during meetings
Bring an advocate if needed
Request written copies of all decisions and plans
Don't sign anything you disagree with

6. Seek Support If Needed / When to Contact an Attorney

Contact the Statewide Parent Advocacy Network (SPAN)
Consult with a special education advocate
Consider legal counsel if the school does not respond to your request for I&RS service or refuses to comply
File a complaint with the New Jersey (NJ) Department of Education if necessary

Additional Resources:

Relevant Laws, Regulations, and Resources:
N.J.A.C. 6A:16-8,
NJDOE website

State Law:
https://www.nj.gov/njded/code/current/title6a/chap16.pdf

New Jersey Department of Education Resources:
https://www.nj.gov/education/njtss/resources/irs/

Resource Manual for Intervention and Referral Services(I&RS):
https://www.nj.gov/education/njtss/resources/irs/manual/index.shtml

KidLaw Resource Center

School Choice: What It Is and How to Access the Option

Post author By Aisha Khan
Post date September 23, 2025

Posted on September 23, 2025

Co-Authored by:

Jack Cantrell
Corporate Counsel
Audible

Iago Lugon
Corporate Counsel
Audible

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

New Jersey's Interdistrict Public School Choice Program provides families with educational options by allowing students to attend public schools outside their district of residence without cost to their parents. This program, which was established as a pilot program in 2000 and achieved permanent status in 2010 pursuant to N.J.A.C. 6A:12 (New Jersey Administrative Code), enables students to enroll in participating districts, known as "choice districts," that have available classroom space. For the 2026-2027 school year, there are 119 participating choice districts.

To participate in the program, students must generally be enrolled in their district of residence for at least one full academic year before applying to a choice district. However, this requirement doesn't apply to siblings of current choice students enrolling in preschool or kindergarten, or to choice students reaching their current school's terminal grade and applying to another choice district for secondary education. The application process follows a specific timeline set by the Commissioner of Education each year. For the 2026-2027 school year, the application deadline is November 24, 2025. If a choice district receives more applications than available spaces, they must conduct a public lottery to determine student selection, with preference potentially given to siblings of current choice students.

Parents interested in the program should first check if their desired district is an approved choice district by visiting the Find a Choice District webpage. They should then review their Choice District Profile for their preferred district and submit applications according to the Commissioner's timeline. The actual timeline can vary slightly for each district, but the deadline for submitting a letter of intent has historically been in November, prior to the intended school year of enrollment. It's important to note that sending districts can limit the number of their students participating in choice programs to 10 percent per grade level and 15 percent of total enrollment. If your child is denied participation or you believe the process wasn't followed correctly, you should consult with an education law attorney, particularly if your child has special needs or if you believe the denial was discriminatory.

For transportation, sending districts must provide transportation or aid in lieu of transportation for eligible choice students. Choice students can remain in their choice district until reaching the terminal grade without needing to reapply annually. However, if the program is terminated either in the choice district or statewide, enrolled students can continue until reaching their choice district's terminal grade.

For more information:
N.J.A.C. 6A:12
New Jersey Department of Education School Choice Program
Contact Information:
New Jersey Department of Education
Interdistrict Public School Choice Program
P.O. Box 500
Trenton, New Jersey 08625-0500
Email: pschoice@doe.nj.gov

KidLaw Resource Center