New Jersey Law Enhances Parental Involvement in Special Education Planning
New Jersey has taken a significant step toward improving transparency and communication between schools and parents of children with disabilities. A new law, signed by Governor Phil Murphy, mandates that public schools provide more detailed information to families before their child’s annual Individualized Education Program (IEP) meeting. This change aims to ensure that parents are better prepared to participate in the planning process for their child’s educational needs.
The law requires schools to send a written statement outlining the topics to be discussed at an IEP meeting no later than two business days before the session. This document should include the student’s current academic performance, functional abilities, a list of IEP team members who will not attend, and their input on the services they oversee. Parents will also receive an invitation to share feedback on proposed services. This is a shift from previous requirements, which only mandated basic details such as the meeting’s purpose, time, and location.
Prior to this update, parents were typically given additional documents, such as reports or evaluations, only if the meeting was focused on determining a student’s eligibility for special education. The new law expands the scope of information provided, ensuring that families have access to more comprehensive data about their child’s educational plan.
Expanding Support for Families
Senate Majority Leader M. Teresa Ruiz, who represents Essex County, introduced the legislation to give families more time and clarity ahead of IEP meetings. She emphasized that the goal was to provide parents with a document they could review before the meeting, allowing them to prepare questions and notes. Ruiz highlighted the challenges faced by families, especially those for whom English is not their first language, due to the complexity of IEPs and 504 plans.
A 504 plan is designed for students with disabilities who do not require specialized instruction but still need accommodations to succeed in school. However, the new law does not apply to 504 plans, focusing instead on IEPs, which are legally binding documents outlining specific services for students with disabilities.
Challenges and Concerns
While the new law is seen as a positive development, some advocates believe it may not go far enough. Peg Kinsell, policy director at the SPAN Parent Advocacy Network, called the law a “first step” but noted that two business days may not be sufficient for parents to fully understand and prepare for the meeting. She pointed out that the information provided is just one part of the IEP, and parents may still struggle to grasp the full scope of their child’s needs.
Elizabeth Athos, senior educational equity attorney at the Education Law Center, agrees that the law helps bridge knowledge gaps between schools and families. However, she stresses that more can be done to support parents who may not fully understand their child’s disability or how to navigate the IEP process. Without adequate preparation, meaningful participation during meetings may be difficult.
Growing Need for Special Education Services
The new law comes amid a growing number of children in New Jersey requiring special education services. Researchers at Rutgers University found that autism rates among 8-year-olds without intellectual disabilities increased by 500% from 2000 to 2016, while overall cases among children with intellectual disabilities tripled during the same period. In Newark, home to the state’s largest school district, 1 in 20 children had been diagnosed with autism as of 2020, compared to 1 in 167 in 2000.
Newark Public Schools has seen a significant increase in the number of students with disabilities. Last school year, nearly 7,000 students with disabilities were enrolled in the district, highlighting the urgent need for improved support systems. However, the district has faced challenges in meeting these needs, including issues with reporting, parent notification, and attendance at IEP meetings.
Future Steps and Recommendations
To address these challenges, the new law establishes an IEP working group within the state’s education department. This group will review the IEP process, compare practices across states and districts, and identify legal limitations. The group, composed of educators, parents, and advocates, must submit recommendations within four months of its formation.
Advocates hope the working group will lead to meaningful improvements in how IEPs are developed and implemented. As the new law takes effect in the upcoming school year, the focus remains on ensuring that families have the tools and information needed to advocate effectively for their children.
Jessie Gómez is a reporter for Articles of EducationNewark, covering public education in the city. Contact Jessie at jgomez@Articles of Education.org.