Running Head: EXPLORING DIFFERENT KINDS OF LAW
Exploring Different Kinds of Law
Michelle Matesic
American College of Education
1
EXPLORING DIFFERENT KINDS OF LAW
2
Exploring Different Kinds of Law
Meeting the needs of students is a core value of all schools. Identifying and placing
students with special needs in the most appropriate learning environment to meet their individual
needs is a necessity for any district, school, administrator and teacher. There are a set of strictly
enforced timelines and procedures that must be done in order to keep the needs of the student in
the forefront and as the sole purpose of possible special education classification.
Special Education Law and Policies
The beginning of this process is identifying students that may need extra services to allow
them to reach their fullest potential. Whether that be keeping the students in the regular
education class with their non-disabled peers or placing the student in a replacement setting like
a resource room for certain subjects or having the student removed from the general education
setting altogether and placed in a self-contained classroom or for the students with the most
needs an out of district placement. Each of these educational settings serve a purpose and each is
meant to put the student in the most appropriate place for them to thrive and learn. The first step
of identification is critical and sets the stage for all the procedures that follow.
After a student has been referred to the child study team for evaluation by a teacher,
parent or another professional there will be an initial meeting with all parties involved to discuss
concerns and the reasoning for that referral. According to the New Jersey state guidelines for
IEPs, the meeting must be held within 15 days of the referral. At this meeting the major decision
will be if an evaluation is necessary or not. If the decision is for an educational and intelligence
testing then the team must decide what types of testing will be used to determine special services
eligibility. The Child Study Team then has 90 days to administer the agreed up testing in order
to deem a child eligible for special services or not (New Jersey Department of Education, 2016).
EXPLORING DIFFERENT KINDS OF LAW
3
In New Jersey, at a minimum, there must be an intelligence test administered by a school
psychologist and an educational test administered by an LDTC (Learning Disability Teacher
Consultant). The results of these tests will be compared an if a large enough discrepancy exists
from a student’s natural ability to learn and their present level of education then that student may
be eligible for special services under a learning disability classification. Other ways a student
may become eligible for special education services can come from medical professionals. That
may be for any attention disorders or other medical concerns that are deemed to affect the child’s
learning. Students may also be classified with a “speech disorder” that affects their education.
That testing would be administered under the expertise of a school speech therapist. There are
times when a student may not meet these requirements for services but there is enough functional
data acquired from class work and tests to allow the Child Study Team to classify a child. While
this has happened in the past it is not used often and only as a last resort for a student that is
clearly in need for services but is considered “border-line” on any of the tests.
It is very clear in New Jersey law that students cannot be classified based on socioeconomic disparities or if English is a new or second language for them. A child’s upbringing or
lack of support staff at home is not a means to classify them for special education. In order to be
classified in New Jersey a student must have a bonified disability that is identified through
testing, a doctor, or data from the classroom.
After the testing is completed the Child Study Team will meet again to discuss the
results. At this meeting the parent, child study team members, general education teacher, special
education teacher and any other adults involved will meet to share the information gathered. The
general education teacher will update the team on the how the student is doing class and the
special education teacher will inform the parent about the programs available in school. The
EXPLORING DIFFERENT KINDS OF LAW
4
special education teacher will also answer any questions the parent may have about the program
in school. If a child is deemed eligible for services the parent must sign off on that classification.
At that point, the team then can discuss recommendations for placement, as well as, any
additional services that the student may require.
Under federal law a child must be placed in the “least restrictive environment”. That
meaning a child must be in a placement that is most appropriate for them. It is the burden of the
district to show why they are removing a child from the general education setting and their nondisabled peers. This is not taken lightly and the discussion of a child’s placement is of utmost
importance. As far as the levels of removal from the general classroom they will be listed from
the least restrictive to the most.

General Education classroom with no IEP (Non-disabled student)

General Education classroom with IEP (specific modifications and/or
accommodations)

Resource Room (replacement for specific classes)

Self-Contained classroom (replacement for all subjects)

Out-of-District placement (Most restrictive/ student removed from school to a school
that best meets their needs)
As stated above, with each placement a student if further and further removed from their
non-disabled peers. The goal of any professional or guardian for a child will be to get them back
into the general education setting. While that may not always be the case, it is the standard that
all Child Study Team members should be held. It is not uncommon for students who are
removed from the general classroom into more restrictive settings like a resource room or selfcontained classroom to be able to move into a less restrictive environment after they have
EXPLORING DIFFERENT KINDS OF LAW
5
success in that other setting. It is the responsibility of the educators involved to identify the
students who have been improving and deciding if another meeting needs to be help to discuss a
transition into a less restrictive placement. Not wanting a child to experience failure after
success in their current placement, modifications and accommodations for that student will be
discussed at that meeting to see if those could meet the child’s needs and allow for success in
that new setting.
If the setting the child is placed in is appropriate and no member of the Child Study Team
call for a meeting then the next opportunity for the team to meet with the parent will be one
calendar year for the initial evaluation meeting. According to New Jersey IEP Direct Group
(2011), “State regulations require that, “annually, or more often if necessary, the IEP team shall
meet to review and revise the IEP” and determine the student’s placement” (p. 8).
At this meeting the team will discuss the child’s present level of performance in each
content area, as well as, any other pertinent information that may be needed to decide the
student’s placement for the next year. Under law a student must be reevaluated by the child
study team, at least every 3 years, unless the child’s guardian signs off that a reevaluation is not
needed. This tends to happen when a child is more than a year away from transitioning into
middle school or high school. If a child is heading into 4th grade and is up for a reevaluation, the
team and parent may decide to wait until they are in 5th grade to get updated testing results to aid
in the transition process. That said, if a parent or team member wants the student to be tested
both years that is something that can be discussed at the yearly evaluation meeting.
Conclusion
The appropriate placement of a student is critical for their educational, social and
personal success. It is of the utmost importance to place students in the least restrictive
EXPLORING DIFFERENT KINDS OF LAW
6
environment so that they may flourish socially and educationally in a classroom that meets all
their needs. “It takes a village” in a homage that spotlights the importance of a group in raising
young minds. It is also a central theme in education. Parents and professionals coming together
with the sole purpose of putting a child in the best scenario to breed success. It is essential for all
those involved, including administration, to be aware and promote this mindset when dealing
with the neediest students.
EXPLORING DIFFERENT KINDS OF LAW
References
New Jersey, Department of Education. (2019, March). New Jersey Department of Education
Document Informing LEAs, in Accordance with 20 U.S.C. §1407(a), of State-Imposed Rules,
Regulations and Policies Not Required by IDEA or Federal Regulations. Retrieved May 26,
2019, from https://www.nj.gov/education/specialed/rules.pdf
New Jersey IEP Direct Centris Group. (2011). New Jersey Special Education Compliance and Best
Practices. Retrieved May 26, 2019, from
https://www.gcsssd.org/ourpages/auto/2011/10/6/49484878/IEPD_NJ_WhitePaper_v1_IEP
Process and Development.pdf
7