Education Lawyers in New Jersey
New Jersey and federal law ensures that children with disabilities are provided with a free, appropriate public education in the least restrictive environment. Codified within these laws is the parents’ right to participate in their child’s education.
If your child is eligible for special education services, parents and a school district’s child study team develop a child’s education program. These decisions are made at meetings in which parents must be permitted to participate. The resulting plan is known as an Individualized Education Plan (“IEP”).
Generally, the school district must obtain parental consent before amendments can be made to the IEP, in addition to many other actions that require parental consent.
If you disagree with the school district over the identification, evaluation, classification, educational placement or the provision of a free, appropriate public education, New Jersey and federal law has established procedures to address these concerns. This may include a process known as complaint resolution, mediation, or a more formal due process hearing in which a decision will be made by an administrative law judge.
Concerns involving a child’s education can be extremely stressful and emotionally draining. It is critical to understand your rights and a district’s obligations with regard to these important issues.
School Bullying Laws In New Jersey
Our children are our future and as parents we want to give them the very best of what life has to offer. We want to protect them from harm of any type. However, when you send your child off to school, you extend responsibility for that protection to the school.
Regrettably, the schools cannot protect all youngsters from being bullied or victimized in school; and from pre-school e to high school graduation, many children are subjected to all forms of harassment, intimidation and bullying, such as hazing, sexual assault or abuse, physical abuse, psychological abuse and cyberbullying.
Cyber Bullying Laws In New Jersey
In 2011, New Jersey enacted a comprehensive anti-bullying law, which requires schools to adhere to numerous mandates that are designed to prevent and put an end to school harassment, intimidation and bullying. These laws require that all schools take preventative measures by establishing firm anti-bullying policies, public reporting requirements, periodic review of policy, anti-bullying instruction and training, as well as various actions to stop harassment, intimidation and bullying.
School professionals and other staff members must report all alleged incidents of harassment, intimation or bullying to the school’s principal on the day that they learn of the alleged harassment, intimidation or bullying incident. The principal must then inform the parents of all students involved and must commence an investigation within one day of learning of the allegations. This investigation must be completed within ten school days. A written report must be then submitted to the school’s superintendent, and the results of the investigation must be reported at the next school board meeting. All parents of the children involved must be provided information concerning the investigation and its conclusions.
If the school turns a blind eye to the harassment of a student, then filing suit is proper under the New Jersey Law Against Discrimination. The suit may include damages if the school has been particularly unresponsive and the harassment particularly egregious. The statute also allows for the recovery of attorneys’ fees in addition to compensation for the student.
The attorneys at Hoffman DiMuzio are seasoned in litigating both bullying and bias-based bullying incidents and in holding the school district accountable for their failure to adhere to the mandates of the New Jersey Anti-Bullying Law.
How An Education Lawyer Can Help
The skilled attorneys at Hoffman DiMuzio have been providing guidance to individuals and businesses in the South Jersey area for over thirty years. Their expertise in this area of the practice assures our clients that they will always receive top-notch legal representation.
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Six Convenient NJ & Philadelphia Law Office Locations
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Disclaimer: please note this page was written to provide information about the law and is not legal advice. Click here to read more about our disclaimer and our fees and services.