The late English philosopher, Herbert Spencer, commented that "education has for its object the formation of character." This "formation of character" requires a collaboration between a child's parents and the child's school. What rights do parents have when their children require a specialized education? Parental rights in special education exist, and parents should know their rights. The Individuals with Disabilities Education Improvement Act (hereinafter "IDEA") was enacted to give disabled children the same rights and opportunities as other children to secure a free and appropriate education in the least restrictive environment. 20 U.S.C. §1400, et. seq. Consistent therewith, in one of the reported cases handled by Davis & Mendelson; the court held that the IDEA was enacted "to insure that all children with disabilities have available to them a free and appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living." M.A. v. Voorhees Township Board of Education, 202 F. Supp. 2d 345, 360 (D.N.J. 2002).
School Districts are accordingly charged with determining a disabled student's individual needs and, once they've done so, developing individualized educational programs for the particular child. These individualized educational programs are designed, potentially modified and implemented by a panel of teachers, administrators and by the parents of the child in the context of what the IDEA calls a "child study team". Under Federal and New Jersey law, parents are entitled to be present at all child study team meetings, to voice their opinions, and if they disagree with services provided by their local school district, to seek independent evaluations from educational experts acceptable to the student's parents. N.J.A.C. §6A:14-1.1 et. seq. Parents are also entitled to resolve their conflicts with school districts in the context of mediation and to review all student records maintained by the district. Id. If the parent's dispute with the school district cannot be resolved in the context of mediation, the parents have the right to demand a due process hearing before an Administrative Law Judge. Parents accordingly have crucial rights in special education matters, and should not be afraid to assert same on behalf of their children.
