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Your Rights to Attend School in New Jersey: A Simple Guide

Posted on September 25, 2025

Co-Authored by:

Catherine Thompson, Senior Corporate Counsel, Audible

Rachel Wiltshire Associate Corporate Counsel, Audible

 

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

Who Can Attend School?

Students ages 5-20 (ages 3-21 if in special education)

Where You Can Attend School

You can attend school in a district if:

  • Your parent/guardian lives there
  • You live with someone who takes care of you like a parent (without payment)
  • You're temporarily staying in the district due to family hardship
  • You live with someone who resides in the district when your parent/guardian are active military members in certain situations
  • You're homeless
  • You're placed there by court order
Read more guest blogs from our partners at Audible and Amazon.

Important Protections

  1. You Cannot Be Denied Enrollment Because:
  • Your housing isn't in perfect condition
  • You don't have a birth certificate (you have 30 days to provide it)
  • You don't have medical records (but may need immunizations to attend)
  • You don’t have the records from your previous school district 
  • Of your immigration status
  1. The School Cannot Require:
  • Income tax returns
  • Social Security numbers
  • Immigration documents
  • Housing inspection reports

Steps to Enroll

  1. Fill out the school's registration forms
  2. Provide proof you live in the district (can include):
  • Lease or mortgage documents
  • Utility bills
  • Property tax bills
  • Voter registration
  • Other documents showing where you live
  1. Once the school receives proof of residency and immunization (unless an exception to immunization requirements applies), a student must be allowed to attend even if the other required records are not yet available.

If You're Denied Enrollment

Your Rights:

  • The school must give you written notice explaining why
  • You have 21 days to appeal
  • Your child can attend school during those 21 days
  • You can continue attending while appealing

How to Appeal:

  • File an appeal with the Commissioner of Education
  • Get help from the school district's designated administrator
  • You have the right to a hearing in certain cases

Special Situations

  1. Family Crisis Protection:
  • Students can stay in their original school if they move due to:
    • Domestic violence
    • Death of a parent/guardian
    • House becoming uninhabitable (fire, flood, etc.)
    • Other family hardships
  1. Homeless Students:
  • Have special enrollment rights
  • Should contact the district's homeless liaison
  • Cannot be denied enrollment due to lack of documents

Need Help?

  • Each school district must have a designated administrator to help with enrollment
  • All notices must be in English and your native language
  • Free legal help is available through ACNJ and other education advocacy organizations.

Remember: These rights apply to ALL students, regardless of their immigration status or housing situation. If you need help, ask to speak with the school district's designated enrollment administrator.

When a parent should contact an attorney 

Based on the provided information, you would most likely need to contact an attorney in these specific situations:

  1. If your child is denied enrollment and you need to appeal the decision, especially if you believe the denial was incorrect or unfair.
  2. If you have a complex custody situation, such as:
  • Shared custody between parents living in different districts
  • Recent changes in guardianship
  • Need to prove legal guardianship status
  • Custody disputes that affect where the child can be enrolled
  1. If your child is living in a non-traditional arrangement that might need legal documentation, such as:
  • Living with someone who isn't the parent/legal guardian
  • Need to establish an "affidavit student" status (where someone other than a parent is caring for the student)
  • Complex living situations that might affect residency status
  1. If you're asked to pay tuition after initial enrollment because the district later determines your child wasn't eligible to attend (you might want legal advice to challenge this)
  2. If you believe the school district is requesting documentation they're not legally allowed to require (like immigration status or income tax returns)

Remember: Most routine enrollments don't require an attorney. It's primarily when there are disputes, complex custody situations, or appeals that legal assistance becomes helpful.

Links to relevant law 

Links to helpful resources 

KidLaw Resource Center

Addressing Achievement Gaps in New Jersey Education: A Parent’s Guide

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.

Read more guest blogs from our partners at Audible and Amazon.

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:

  1. Document Academic Concerns
          • Collect dated samples of schoolwork
          • Keep records of grades and test scores
          • Document all communications with school staff
          • Compare performance to grade-level standards
  1. Request Initial Intervention
          • 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
  1. Monitor Intervention Effectiveness
          • Track implementation of agreed interventions
          • Request regular progress updates
          • Document any gaps between plan and implementation
          • Request plan modifications if progress is insufficient
  1. Request Formal Evaluation (if needed)
          • 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
  1. Exercise Due Process Rights (For Special Education) 
          • 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
Achievement Gaps Audible blog

Consult an education attorney when:

  1. 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

  1. Serious procedural violations occur:

- Denial of appropriate evaluations

- Implementation failure of IEP/504 services

- Exclusion from educational decision-making

- Unauthorized service/placement changes

  1. Discrimination or systemic issues:

- Pattern of unequal treatment

- Denial of appropriate accommodations

- Bullying/harassment not properly addressed

  1. Complex disputes requiring legal expertise:

- Due process hearings

- Mediation proceedings

- Settlement negotiations

- Disciplinary actions affecting placement

NJ Law

  1. 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)

  1. 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 

  1. 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/

  1. Legal Assistance

- Education Law Center: https://edlawcenter.org/

- Legal Services of NJ: https://lsnjlaw.org/education

- Disability Rights NJ: https://www.drnj.org/

  1. Parent Support and Advocacy Organizations

- SPAN Parent Advocacy: https://spanadvocacy.org/

- NJ Special Education Parent Advisory Groups (SEPAG): Contact local district

  1. 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

KidLaw Resource Center

Placement Options in Special Education

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.

Read more guest blogs from our partners at Audible and Amazon.

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:

KidLaw Resource Center

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

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. 

Read more guest blogs from our partners at Audible and Amazon.

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:

  1. Was your child's behavior caused by or directly related to their disability?
  2. 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

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.

Read more guest blogs from our partners at Audible and Amazon.

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