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Retention and Promotion: Issues and Rights

Posted on September 12, 2025

Co-Authored by:

Patrick O'Keefe 
Ryan Whittington

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

Parents call either because they want their child retained or promoted, but their school district disagrees with their preference. There are state laws and case law that describe these rights. In general, the district has discretion, but parents can appeal. Parents must be told to look at their school’s policies which can differ from district to district. Parents should also be advised that every school district must make their policies available to parents. Most districts post their policies on their websites on their Board of Education page. If parents can’t find the policy they are looking for, they are entitled to receive this information upon request to the Board of Education. N.J.S.A. 18A:35-4.9

Know Your Rights: Understanding Student Promotion and Retention in New Jersey Schools
Grade promotion decisions represent important milestones in a student’s educational journey. Parents may have legitimate concerns about whether their child should advance to the next grade or might benefit from additional time to master key concepts. New Jersey law stablishes clear guidelines for how these decisions should be made, ensuring that families are informed and involved throughout the process. This guide explains the legal requirements schools must follow regarding promotion and retention, outlines effective advocacy strategies for parents and guardians, and identifies resources available to support families navigating these important educational decisions.

Understanding the Law
New Jersey law (N.J.S.A. 18A:35-4.9) provides important protections for families regarding how schools make decisions about promoting students to the next grade or requiring them to repeat a grade. Under this statute, all local school boards must develop comprehensive policies addressing promotion standards and remediation options aligned with district goals and student proficiency requirements. Schools must notify parents/guardians about these policies and provide regular updates throughout the school year on student progress toward meeting promotion standards. Critically, the law also requires immediate consultation with parents if a teacher believes a student may not meet promotion standards—not just at year-end when intervention opportunities may be limited. Additionally, districts must establish formal appeals processes for parents and adult students to challenge promotion or retention decisions, and ensure parents, teachers, and students (where appropriate) participate in developing these policies.

Navigating the Process Effectively
Clear, ongoing communication is key to supporting student success. Families should first request their district’s written promotion and remediation policies to understand exactly what standards students must meet and what support options exist. Parents/guardians should seek to establish regular contact with teachers to help catch potential academic concerns early and monitor their child’s progress and academic capabilities. If academic concerns do arise, parents should promptly schedule formal meetings to develop specific intervention plans that include clear goals, action items, and follow-up dates.  Throughout this process, parents/guardians should aim to keep organized records of communications with the school, documenting when meetings occurred, who participated, what was discussed, and which interventions were proposed. Keeping such records may be valuable if further advocacy becomes necessary.

Seeking Additional Support
Certain situations may signal the need for further support or legal consultation regarding promotion or retention issues:

      • When schools fail to provide legally required notifications about academic concerns.
      • If documented intervention plans remain unimplemented despite parent/guardian follow-up
      • When retention decisions appear at year-end without prior warning or documented support
      • When retention decisions conflict with special education protections
      • If there appears to be discriminatory treatment or patterns in retention practices
      • Lack or failure of the school to follow its due process, district requirements and/or procedural frameworks

An attorney can help families understand their specific rights under New Jersey law, evaluate whether proper procedures were followed, and determine appropriate next steps when school-based resolution attempts have been exhausted.

Resources for Families
Parents and guardians seeking resources related to a pupils’ promotion, remediation policies, and procedures can visit these resources to understand about New Jersey’s law and policies:

New Jersey Department of Education (NJDOE):
https://www.nj.gov/education/code/current/title6a/chap8.pdf

The Law:
https://law.justia.com/codes/new-jersey/title-18a/section-18a-35-4-9/.

To learn more about Parent Notification Requirements:
https://www.state.nj.us/education/parents/

State of New Jersey Legislature Database:
https://www.njleg.state.nj.us/

New Jersey Student Learning Standards:
https://www.nj.gov/education/standards/

    • Understanding grade-level expectations

Understanding grade-level expectations

NJ Department of Education County Offices:
https://www.nj.gov/education/counties/

    • Local resources
    • District oversight
    • Regional assistance

Understanding Mental Health Services in School Districts: Guide for Parents

Posted on September 11, 2025

Co-Authored by:

Gregor Stoerzinger
Head of Privacy, Product
Audible

Amanda Montes de Oca
Manager, Global Content Rights
Audible

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

Recent data paints a concerning picture of youth mental health in New Jersey. According to a 2024 SAMHSA report, among teenagers aged 13-17, 34% experience anxiety disorders, 16% experience mood disorders, and 20% face behavioral disorders. For children aged 3-17 years in New Jersey, common diagnoses include ADHD, behavioral/conduct problems, anxiety, and depression. These statistics underscore the critical importance of accessible mental health services in our schools, particularly as students continue to navigate the lasting emotional impacts of the COVID-19 pandemic.

New Jersey law requires school districts to provide comprehensive mental health services to students, recognizing schools' unique position to identify early signs of mental, behavioral, and developmental disorders. The New Jersey Department of Education has implemented guidelines that mandate schools to have mental health professionals on staff, including school counselors, psychologists, and social workers. These professionals provide various services, such as individual and group counseling, crisis intervention, and referrals to outside resources when necessary. Schools must also implement prevention programs and create a positive school climate that promotes mental health and social-emotional development.

As a parent, it's essential to be proactive in ensuring your child receives the mental health support they need. Start by communicating with your child's teachers and school administrators about any concerns you may have. Request a meeting with the school's mental health team to discuss available services and create a plan tailored to your child's needs. If your child has a diagnosed mental health condition, consider working with the school to develop an Individualized Education Program (IEP) or a 504 plan to ensure they receive appropriate accommodations and support.

If you feel that your child's school is not providing adequate mental health services or is not complying with state regulations, it may be time to consult an attorney. This step should be considered if you've exhausted all communication channels with the school and district administration, and your child's needs are still not being met. An education law attorney can help you navigate the legal process and advocate for your child's rights to appropriate mental health support in school.

For more information on mental health services in New Jersey schools, visit the New Jersey Department of Education's Mental Health Resources page: https://www.nj.gov/education/safety/wellness/mh/index.shtml. Additionally, if you're seeking emotional or behavioral support for your child outside of school, consider reaching out to the New Jersey Children's System of Care (PerformCare) at https://www.performcarenj.org/. This valuable resource can provide access to a wide range of mental health services and support for children and their families.

The High School Years for Students with Individualized Education Plans (IEPs): Options and Issues

Posted on September 11, 2025

Co-Authored by:

Aric Hansen
Senior Manager, Senior Corporate Counsel
Audible

Jackie Reich
Corporate Counsel
Audible

Andrew Sun
Associate Corporate Counsel
Amazon

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

As a parent navigating New Jersey's special education system, understanding the Individuals with Disabilities Education Act (IDEA) is crucial for ensuring your child receives appropriate educational services. The law mandates specific requirements for Individualized Education Programs (IEPs), which are written agreements between the school district and parent(s) that identifies all programs and services that the school district will provide to your child within a 12-month period.

While federal law mandates transition services beginning at age 16, in New Jersey, regulations mandate that IEPs must begin identifying transition services when your child turns 14, or when a student enters 8th grade (N.J.A.C. 6A:14-3.7(e)9-14). "Transition services" encompasses a coordinated set of activities promoting movement from school to post-school activities, including college, vocational training, employment, adult education, independent living, and community services. The law (N.J.A.C. 6A:14-4.11) specifically requires:

      • Specialized instruction
      • Related services
      • Community experiences
      • Job sampling aligned with interests and skills
      • Post-school living and employment preparation
      • Independent living skills development
      • Vocational evaluation when appropriate

Special education advocates emphasize that transition services are the most important part of the IEP, as it lays the groundwork for a student's future education, employment, and independent living.

Parents must be proactive advocates, as schools sometimes fall short in fulfilling their transition service obligations. Start by maintaining detailed documentation of all communications and meetings, and ensure your child's IEP includes comprehensive transition planning with necessary supports for post-high school success. If concerns arise, request an IEP team meeting in writing and follow proper communication channels from teacher to special education director. While resources like the NJ Department of Education Special Education office and SPAN Parent Advocacy Network provide valuable support, unresolved disagreements about services or transition planning may require an education attorney's assistance to enforce your child's rights under IDEA. See New Jersey's IEP Development and Resources.

What Do We Know About the “Medically Frail”?

Posted on September 2, 2025

Riyah Myrie, Summer Intern
Authored by:
Riyah Myrie
Summer Intern

Portions of the One Big Beautiful Bill Act, signed by President Trump on July 4, amended parts of the Social Security Act that outlined the requirements for a State plan for medical assistance, commonly known as Medicaid, and the Children's Health Insurance Program (CHIP). In New Jersey, our state public health insurance program is NJ FamilyCare.

What Changed in Medicaid and CHIP?

The law now requires states to:

  • Reduce duplicate enrollments in Medicaid and CHIP.
  • Ensure that deceased individuals are removed from enrollment rolls and that no payments are made on their behalf.
  • Establish Medicaid “community engagement compliance” for certain individuals.

Lawmakers justify these measures as promoting “community engagement compliance” by encouraging work, reducing reliance on public assistance, and fostering self-sufficiency.

For working-age adults (ages 19–64) in the Affordable Care Act’s expansion group, the requirement is 80 hours of work or equivalent activity per month. As a medicaid expansion state, New Jersey adults apart in the program have to meet the work requirements.  This can be met through:

  • Traditional employment
  • Community service
  • School attendance
  • Having earned income equal to or greater than 80 × the federal minimum wage

Enrollees must verify compliance every six months. These new changes to Medicaid eligibility will start to be adopted on December 31, 2026. 

This new work requirement is said to be the strictest to be implemented so far in Medicaid history. However, not everyone can work 80 hours a month, especially people with significant health conditions. That’s where the “medically frail” exemption comes in. 

Working-age adults in the Affordable Care Act’s expansion group are exempt from the work requirement if they are:

  • Experiencing short-term hardship
  • Pregnant and postpartum members
  • Foster youth and former foster youth under the age of 26
  • Veterans with rated disabilities
  • Considered “medically frail”
  • Receiving care in certain substance use disorder treatment programs
  • Showing compliance with work requirements under TANF or SNAP
  • Incarcerated or recently incarcerated

What Does “Medically Frail” Mean? 

The bill defines a medically frail person as someone with “special medical needs” as determined by the Secretary of Health and Human Services. It lists specific examples: 

  • Blind or disabled individuals 
  • People with a substance use disorder 
  • People with a disabling mental disorder 
  • People with a physical, intellectual, or developmental disability that significantly limits their ability to perform one or more activities of daily living (ADLs) 
  • People with a serious or complex medical condition 

While this list offers examples, the term itself is vague. That vagueness has real consequences, and if you don’t know whether you qualify, you might fail to apply for an exemption you’re entitled to. 

This is not the first time “medically frail” has been used in federal law. It appears in the Affordable Care Act (ACA), the Food and Nutrition Act of 2008, the RAISE Family Caregivers Act, the Older Americans Act, and the Indian Health Care Improvement Act.

Medically frail means having a physical, mental, or medical condition so serious that it makes it hard or impossible to work, go to school, or do daily activities without significant help. This could be due to a chronic illness, a disability, a severe injury, or ongoing treatment that limits your ability to live independently. 

In short, if your health condition prevents you from sustaining steady work or normal daily function, you might qualify as medically frail.

Impact on New Jersey (NJ FamilyCare) 

Many people may not know that NJ FamilyCare is the state's version of Medicaid, or that New Jersey is part of the Medicaid expansion group. Medicaid offers free or low-cost health coverage to eligible residents who meet specific income and other requirements.

Under these new federal rules: 

  • Work requirements mean that more NJ FamilyCare recipients will have to track and report their employment or volunteer hours, resulting in increased paperwork.
  • Individuals who consistently miss deadlines or fail to provide required documentation may lose coverage, even if they still meet the qualification criteria. 
  • The Congressional Budget Office projects that the law will save the federal government over $1 trillion in the next decade, largely from people losing coverage due to eligibility changes and administrative hurdles. 

For many in New Jersey, especially in urban areas where jobs may be unstable or seasonal, meeting an 80-hour monthly work threshold could be challenging. This is compounded by the fact that the bill also introduces new cost-sharing (copays) for this group, making healthcare less affordable even for those who remain eligible. 

Impact on Children 

While children are not directly subject to work requirements, they are deeply affected when their parents or caregivers lose coverage. 

Here’s why: 

  • Loss of coverage for parents can make it harder for families to access preventive care, manage chronic conditions, and keep up with children’s health needs. 
  • Research shows that when parents are uninsured, their children are less likely to attend regular check-ups, even if the children themselves are still covered. 
  • If household income drops due to illness or loss of Medicaid coverage, families may struggle to afford medications, transportation to appointments, or healthier food, thus indirectly harming children’s well-being. 

For New Jersey specifically, where NJ FamilyCare enrollment for children is high, disruptions in coverage for adults could ripple into higher emergency room visits, poorer health outcomes, and greater strain on school-based health programs.

The exemption for the “medically frail” is critical, but its vagueness makes it hard for people to know if they qualify. Without clear, accessible guidance, many who should be exempt could fall through the cracks, potentially losing essential coverage.

For New Jersey, these changes will test the resilience of NJ FamilyCare, increase the administrative burden on families, and, most concerning, potentially harm children’s health outcomes. The challenge will be making sure the people who truly cannot work are identified, protected, and supported. 

The $50 Billion Rural Health Transformation: What It Means for Hospitals and Families

Posted on September 2, 2025

Riyah Myrie, Summer Intern
Authored by:
Riyah Myrie
Summer Intern

When Congress passed the One Big Beautiful Bill Act earlier this summer, most headlines focused on the sweeping tax cuts, new family incentives, and large-scale federal investment. However, the reconciliation bill included a provision from the Senate: a $50 billion commitment to rural hospitals, known as the Rural Health Transformation Program. 

What Does The Transformation Look Like?

The bill set aside $10 billion per year from fiscal years 2026 to 2030, creating a pool of $50 billion to be distributed. Of the $50 billion, half ($25 billion total, or $5 billion per year) is to be distributed by the Centers for Medicare and Medicaid Services (CMS) equally among all states with an approved application. They must submit detailed plans to the CMS by December 31, 2025, outlining how they will use the funds to stabilize and strengthen rural health systems. The remaining half is to be allocated by CMS within the broad requirements.

Rural hospitals account for roughly a third of all community hospitals nationwide, but many of them operate with thin or negative margins. Between 2017 and 2024, hospital closures in rural communities outpaced openings, leaving many families without local access to emergency rooms, maternity care, or even primary services. Even with the existing special Medicare payments, about half of rural facilities were still struggling as of 2023. 

What Does “Rural” Mean?

In the bill, “rural hospitals” encompass the following:

  • Hospitals physically located in rural areas
  • Critical access hospitals certified under Medicare
  • Sole community hospitals (often the only facility within 35 miles)
  • Medicare-dependent small rural hospitals 
  • Low-volume hospital that serves remote populations 
  • Newly designated rural emergency hospitals

Through capturing these categories, the program ensures hospitals serving isolated areas or sparsely populated areas are eligible for support. However, it does not guarantee support due to the loss of federal Medicaid funding, putting over 300 hospitals at risk of closing. 

Impact on New Jersey

The densest state in the nation, New Jersey, also currently has no federally designated rural hospitals. This raises questions about whether the state will see any direct benefit from the $50 billion fund.

Technically, all 50 states may apply for funding, but the provision will directly affect rural-heavy states such as Texas, Montana, and Mississippi. For New Jersey, this likely means no new dollars flowing directly into local hospitals.

Nonetheless, the policy may have indirect implications. If rural facilities in other states become stable, federal lawmakers might experience less pressure to further reduce Medicaid, a program that finances many births and assists low-income families throughout the state.

Impact on Children 

The stakes are especially high for children. Across the country, Medicaid covers nearly half of all rural births, with the vast majority of them occurring in hospitals. When rural hospitals close, pregnant people must travel farther for delivery, increasing their health risk. For children, losing rural pediatrics or emergency services often means delayed care and higher costs imposed on parents, with the addition of travel expenses. 

Even in New Jersey, though rural designations are scarce, the debate underscores a broader truth: children’s health outcomes are tied to the financial stability of hospitals everywhere. If rural health collapses in one region, it strains referral networks and specialty care nationwide. 

Every state will not benefit equally from the $50 billion Rural Health Transformation Program, and New Jersey may see little direct impact, but it underscores that rural health is on a fragile path and in serious need of support. For families across the country, the program could mean the difference between local hospitals staying open or shutting their doors, making the One Big Beautiful Bill Act more than just fine print.