This manual is designed to help advocates, including parents, obtain special education for children with disabilities residing in New Jersey. It explains the requirements of the federal statute governing special education--the Individuals with Disabilities Education Act (IDEA)--and the federal regulations implementing IDEA, as well as the state…

The Education Law Center (ELC) sought an independent review of special education funding in New Jersey as part of a larger group of studies intended to critique the cost study conducted by Augenblick and Palaich and Associates (APA) and the New Jersey Department of Education (NJDOE) and inform the ongoing public debate. In doing so, ELC recognized…

In the last twenty years, courts throughout the country have entertained claims relating to disparities in school funding. Early school finance suits sought to equalize "inputs" in terms of per pupil or overall expenditures. More recently, the advent of rigorous state accountability plans and the federal No Child Left Behind Act has…

Except for school construction, there is no legislation to guide implementation of the programs and reforms ordered by the New Jersey Supreme Court in the landmark "Abbott v. Burke" case. Instead, in its 1998 "Abbott V decision," the Supreme Court directed the Commissioner of Education to provide standards and procedures to…

To be both fair and effective, student discipline law and policy must balance two separate rights of students: the constitutional right to a public education, and the right to a safe and orderly learning environment. Procedures and laws to protect students from arbitrary and wrongful discipline are necessary, as are procedures and laws to allow…

During the summer of 2003, a statewide committee of representative educational stakeholders on "cooperative rulemaking" was convened jointly by the Department of Education and the Education Law Center. The Supreme Court in "Abbott X" had directed the establishment of this committee to develop new regulations more consistent…

In 1999-2000, over one-third of all students in the 30 Abbott districts spoke a native language other than English, and more than one-tenth were considered limited English proficient (LEP). The proportions of LEP students varied considerably across the districts, but they comprised between 5% and 29% of total enrollments in 18 of the districts.…

The goal of this guide is to provide information, support and practical tools that may help educators design, implement, and evaluate their school's standards-based education program. In order to work, a comprehensive, standards-based educational program must, by definition, be the organizing structure upon which the school program operates.…