Scarinci Hollenbeck assists boards of education in all areas of special education. We help districts review their special education programs to determine ways these services may be delivered more cost effectively. We have knowledgeable attorneys on staff who can guide school districts through difficult situations as they emerge so that appropriate procedures are followed. This includes advice regarding special procedures for special education students when disciplinary matters are involved.
Our firm’s special education attorneys share a wealth of knowledge and experience regarding local education agency obligations to students with disabilities, including duties under the Individuals with Disabilities Education Improvement Act of 2004, Section 504 of the Rehabilitation Act of 1973, and related New Jersey laws and regulations. We have advised and represented school districts in every aspect of special education law and practice – from IEP team meetings, mediations, and due process hearings to state compliance and OCR complaints. Our special education attorneys also provide significant preventative legal services – including workshops and on-going legal counsel – to assist our clients in solving problems before they erupt into litigation and to allow them to focus on developing programs.
Our attorneys regularly advise on and represent school districts regarding a wide variety of special education issues arising under New Jersey law and the federal Individuals with Disabilities Education Act, including:
- Compliance with state and federal laws
- Individuals with Disabilities Education Act
- Americans with Disabilities Act
- Section 504 of the Rehabilitation Act
- New Jersey Department of Education Complaint Investigations
- Office for Civil Rights Investigations
- Eligibility determinations and accommodations/facilities modifications
- Individualized Education Assessments
- IEP-related services and behavior plans
- Least restrictive environment placement
- Free and Appropriate Public Education issues
- Comprehensive risk avoidance and litigation prevention strategies
- Obligations to students placed in charter schools, private schools, residential treatment centers and other nonconventional educational programs
Our attorneys are always available to consult with superintendents, administrators, and the board regarding special education issues. We provide school districts with clear and concise legal advice and also provide training to general education staff affected by special education matters. When needed, we review student records in response to student records requests. We assist Directors and Supervisors of Special Education and their child study teams in preparing proper documentation. We also have extensive experience writing and updating student and special education related board policies and administrative regulations addressing issues such as attendance, graduation requirements, student discipline, HIB matters, constitutional rights and more.