Posted on September 25, 2025
Co-Authored by:
Patrick O'Keefe
Contracts Manager
Audible
Ryan Whittington
Manager, Public Policy
Audible
For more information on this topic, contact Nina Peckman at npeckman@acnj.org.
New Jersey education law establishes a comprehensive framework to address achievement gaps and ensure educational equity. The law mandates specific protections and support systems, particularly for students from disadvantaged backgrounds, those with disabilities, and English language learners. Key legal provisions include the right to intervention services (I&RS), special education evaluations, and appropriate educational accommodations. The 2023-2024 data shows persistent achievement gaps, triggering additional legal protections under P.L. 2024, c.053, which created the Office of Learning Equity and Academic Recovery (LEAR) to specifically address these disparities.
Parents have legally protected rights to request evaluations, participate in educational planning, and appeal school decisions. Schools must respond to evaluation requests within 20 days and complete evaluations within 90 days if approved. The law requires schools to provide appropriate interventions through a tiered support system before considering special education services, unless immediate evaluation is clearly warranted.
Steps Parents Should Take to Ensure the Law is Enforced
When parents are concerned about their child’s academic progress, they should follow a structured approach to ensure their child receives appropriate support under New Jersey education law. The following steps outline the process parents should follow:
- Document Academic Concerns
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- Collect dated samples of schoolwork
- Keep records of grades and test scores
- Document all communications with school staff
- Compare performance to grade-level standards
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- Request Initial Intervention
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- Submit written request for I&RS meeting to principal
- Attend I&RS meeting and participate in action plan development
- Request progress monitoring schedule
- Get copy of intervention plan in writing
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- Monitor Intervention Effectiveness
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- Track implementation of agreed interventions
- Request regular progress updates
- Document any gaps between plan and implementation
- Request plan modifications if progress is insufficient
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- Request Formal Evaluation (if needed)
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- Submit written evaluation request to Child Study Team
- Attend evaluation planning meeting within 20 days
- Provide written consent for approved evaluations
- Monitor 90-day evaluation timeline
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- Exercise Due Process Rights (For Special Education)
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- Request State Mediation or file a Due Process Petition for unresolved disputes
- File a Complaint Investigation for legal violations
- Appeal unfavorable decisions within prescribed timeframes
- Document all steps taken to resolve issues
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Consult an education attorney when:
- School fails to meet mandatory timelines:
- No response to evaluation request within 20 days
- Evaluation exceeds 90-day completion deadline
- IEP services delayed without explanation
- Serious procedural violations occur:
- Denial of appropriate evaluations
- Implementation failure of IEP/504 services
- Exclusion from educational decision-making
- Unauthorized service/placement changes
- Discrimination or systemic issues:
- Pattern of unequal treatment
- Denial of appropriate accommodations
- Bullying/harassment not properly addressed
- Complex disputes requiring legal expertise:
- Due process hearings
- Mediation proceedings
- Settlement negotiations
- Disciplinary actions affecting placement
NJ Law
- Relevant Education Regulations and Statutes include:
- N.J.A.C. 6A:14 (Special Education)
- N.J.A.C. 6A:16-8 (Intervention and Referral Services)
- N.J.A.C. 6A:8 (Standards and Assessments)
- N.J.A.C. 6A:12 (School Choice Programs)
- N.J.A.C. 6A:15 (Bilingual Education)
- N.J.A.C. 6A:7 (Managing for Equality)
- N.J.S.A. 18A
- P.L. 2024, c.053 (LEAR Act)
- Federal Laws Applicable in NJ
- IDEA (20 U.S.C. § 1400)
- Section 504 (29 U.S.C. § 794)
- Americans with Disabilities Act (42 U.S.C. § 12131)
- ESSA (20 U.S.C. § 6301)
Helpful Resources
- Government Resources
- NJ Department of Education Special Education: https://www.nj.gov/education/specialed/
- LEAR Office: https://www.nj.gov/education/lear/
- NJ Parent Rights: https://www.nj.gov/education/specialed/form/prise/
- Legal Assistance
- Education Law Center: https://edlawcenter.org/
- Legal Services of NJ: https://lsnjlaw.org/education
- Disability Rights NJ: https://www.drnj.org/
- Parent Support and Advocacy Organizations
- SPAN Parent Advocacy: https://spanadvocacy.org/
- NJ Special Education Parent Advisory Groups (SEPAG): Contact local district
- Additional Resources
- Special Education Ombudsman: specedombudsman@doe.nj.gov
- NJ Family Support Organizations: https://www.nj.gov/dcf/families/support/
- County Education Offices: https://www.nj.gov/education/counties/
Common Legal and Educational Terms:
Federal Laws:
- IDEA: Individuals with Disabilities Education Act
- ESSA: Every Student Succeeds Act
- IEP: Individualized Education Program
- FAPE: Free Appropriate Public Education
- LRE: Least Restrictive Environment
New Jersey State Terms:
- NJDOE: New Jersey Department of Education
- N.J.A.C.: New Jersey Administrative Code
- N.J.S.A.: New Jersey Statutes Annotated
- PRISE: Parental Rights in Special Education (a booklet)
- P.L.: Public Law
- LEAR: Learning Equity and Academic Recovery Office
- DCF: Department of Children and Families
- DCP&P: Division of Child Protection and Permanency (Part of DCF)
- CSOC: Children’s System of Care (Part of DCF for behavioral health services)
School-Based Support Services:
- MTSS: Multi-Tiered System of Support
- I&RS: Intervention and Referral Services
- CST: Child Study Team
- IEP: Individualized Education Program
- 504 Plan: Accommodation plan under Section 504 of the Rehabilitation Act
