Legal Blog Articles by Nathanya G. Simon

On June 16, 2021, Gov. Phil Murphy signed legislation requiring boards of education to consider offering additional or compensatory special education and related services, including transition services, for a maximum of one additional year to students with disabilities following a determination made by the student’s Individualized Education Program (IEP) team that the student requires such additional or compensatory special education and related services. The new law aims to address the loss of learning that special education students may have suffered in light of the COVID-19 pandemic.

Generally, boards of education are required to provide a free, appropriate public education, in accordance with an individualized education program (IEP), to students with disabilities age three through 21. If a student turns 21 years of age during the school year, defined as the period between July 1 and June 30, the student is entitled to finish the school year. On June 30 of the student’s final school year, the student is no longer eligible for special education and related services. Accordingly, absent this law, no additional services were available as a matter of law.