BY SALVATORE PIZZURO

COMMENTARY

The recent settlement agreement between the Newark Public Schools and a group of parents of students with special needs serves as an example of the dilemma that all people with disabilities face in New Jersey and across America. The fact that a solution was ten years in the making illustrates the frustration that all people with disabling conditions and their families must face when seeking a judicial remedy.

The parents filed their original complaint more than years ago, citing the failure of the school district to respond in a timely fashion when a request was made for an evaluation pursuant to the implementation of special education services. Both federal and State law were violated.

The Individuals with Disabilities Education Act (Public Law 108-446) and the New Jersey Administrative Code for Special education (N.J.A,C. 6a:14) require that, within 20 calendars of a parent request for a student evaluation, a planning meeting will be held between the Parent and school Child Study Team personnel. If an evaluation is deemed to be warranted and an IEP is completed and signed by both parties, Special Education services must be implemented with 90 days. Unfortunately, in many cases this timeline is not met in school districts throughout New Jersey.