Common Sense Online

When a child is born with or stricken with a developmental develops a disability, the Department of Health and Senior Services is legally responsible for making available in-home services at little to no cost to the family.  This is called the Early Intervention Program.  Some of the services available include, visiting nurses, speech therapists, physical therapists, developmental therapists and occupational therapists.

Once your child turns three-years-old, Federal Law requires under the Individuals with Disabilities Education Act (IDEA) that a preschool child with a disability be provided with “a free and appropriate public education and services in the least restrictive environment.”  A child with disabilities could be something as minor as a speech delay or as serious as Autism, Downs Syndrome or Cerebral Palsy.

In many non-english speaking communities, word does not get out that these services exist.  Too often parents learn after the fact that the school district is required to provide preschool disabled children with education and other services. .
If you think your preschooler might qualify for services, to initiate the process you need to make a written request for an evaluation to your local school district.  Preferably this should be done 120 days before your child’s third birthday.  Once your school district receives your request a Child Study Team must schedule a meeting with you.  A Child Study Team is a crucial component of any special education program.  This team consists of a speech-language specialist, a school psychologist, a learning disabilities teacher consultant, and a school social worker. These specialists are selected and paid by your school district.  This meeting determines whether an evaluation is warranted.  It is your legal right to have any referral considered.  The law allows you to have an attorney with you, if you wish, to ensure that your voice is heard and you are fully aware of your options.

If the Child Study Team believes an evaluation is warranted, an evaluation plan will be formalized.  An evaluation of your child must include, one structured observation, an interview with you and your child’s teacher if they are in preschool, a review of interventions documented by professionals who worked with your child.  The Child Study Team will make independent social, educational, psychological, vision and hearing and speech language assessments.

When the evaluation is completed you will attend an eligibility meeting to discuss the results.  If your child is found to be “disabled” under the, law he or she will be eligible for free special education and related services.  In Monmouth County each town has their own public special education preschool program and many provide free transportation.  If you disagree with the evaluations provided by the school you have a right to request a new or independent evaluation at the school’s expense.  If your child is determined to not be eligible for the school you have a right to appeal the decision.  An attorney experienced in education and special education law can be extremely beneficial in advocating your appeal of the school’s decision and helping you to secure special education services for your child.

The Individualized Education Program (IEP) is the roadmap to your child’s education.  It is the written plan to address your child’s special needs and abilities.  The IEP should give you a voice in your child’s education.  Ideally, parents and professionals work together to develop an individualized  program that benefits your child and are supposed to be equal partners throughout the evaluation and IEP Process.  Unfortunately, parents concerns and requests are sometimes  overlooked or ignored due to budgetary constraints, high case loads, and stagnated bureaucracy.

Too often parents are not informed of their rights and available tools such as assistive technology, extended school year programs, and positive behavioral supports to help their children reach full potential.  An attorney well versed in education law can advise and advocate on your child’s behalf.  Don’t let a child study team tell you that they know their program and they know what your child needs.  You as a parent are the expert regarding your child.  If you disagree with your child’s program and / or IEP, the law provides you with valuable rights and powerful mechanisms to make sure your child receives all the special services he or she is entitled.  You are permitted to bring an attorney to the IEP meeting to help advocate your position and if necessary appeal any decisions made by the school.  As parents you are guaranteed a voice in determining the appropriate program for your child. If necessary an attorney can help you be heard.

This article is intended to provide general advice only.  It is not intended to take the place of a consultation with an experienced attorney. .

Nicole Sonnenblick is an attorney at the criminal defense attorney law firm of Shapiro & Sternlieb, LLC, with offices in Freehold, Manalapan, and Eatontown, New Jersey.  Ms. Sonnenblick is a former assistant Monmouth County Prosecutor who concentrates her practice on representing individuals accused of crimes, including juveniles and advocating for children in need of special education services.  You may contact her with your questions at 732-617-8050.