Sussan & Greenwald

ATTORNEYS AT LAW

www.special-ed-law.com

Practice limited to special education and related matters

 

Preschool Disabled

"Preschool disabled" is a disability that is defined in New Jersey as an identified disabling condition and/or measurable developmental impairment which occurs in children between the ages of three and five years and requires special education and related services. These younger children are entitled to protection under the Act  as are older children.

Earlier identification of disabilities and other causes have led to an increase in parents demanding access to special education as soon as it is legally required. As a result, here in New Jersey, there are many litigated cases that deal with the special education rights of children ages three to five. Issues such as the need for special education, extended school years, assistive technology, inclusion, and placement are commonplace.

An area that has recently gained much attention is programming for preschoolers. While they all share a common classification, their needs and diagnoses are all different. Despite this, Districts sometimes attempt to place all Preschool Disabled children in one class - the Preschool Disabilities class. What services is a classified preschooler entitled to? What if the child requires a full-day program and the District only offers a half-day program? Is the child entitled to attend a typically developing preschool? What if the child's profile is different than the rest of the proposed Preschool Disabilities class? - Does the child have to be placed in that class? These and many other questions have been asked and answered in the last several years by way of judicial decisions. In order to ensure that your child receives a FAPE, it is imperative that a parent be informed and know their rights.

Another area that has been considered in special education during the last several years is appropriate programming for children with Pervasive Developmental Disorders and Autism. Literature and research suggest that intensive services ought to begin at the earliest opportunity in order to remediate the deficits exemplified by these disorders. What services is my child entitled to? Does the school district have to provide discrete trial services? Is my child entitled to a home-based program? Can the district be required to provide a trained "shadow?" According to the law, all classified children between the ages of three (3) and twenty-one (21) are entitled to a free appropriate public education (FAPE). If a child needs any or all of the above mentioned services in order to make progress then the district is required to provide same. If the district does not have the appropriate staff then it can be required to hire outside consultants to administer the program.

The Federal and State law both articulate the requirement for placement in the least restrictive environment to the greatest extent appropriate. As stated above, many parents of preschool children have argued that placement in the Preschool Disabilities Class violates this requirement, which is set forth in NJAC 6A:14-4.2. Subsection (a)1 indicates that students with disabilities shall be educated in the least restrictive environment, and that each District Board of education shall ensure that to the maximum extent appropriate, a student with a disability is educated with children who are not disabled. The caveat here of course is that the placement must be appropriate in the first instance.

As can be seen, special education begins at an early stage, and can potentially continue through the age of twenty one. The sooner a parent becomes an effective advocate, the better chances the child has in fulfilling IDEA's promises.

The information presented herein is intended to be informational, and not legal advice. Obtain competent legal representation for your particular matter. See full disclaimer.

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