NJ Gives Parents More Time To File COVID Special Education Claims

NEW JERSEY — It’s been two years since the coronavirus crisis hit New Jersey’s schools. And for some parents of children with special needs, the battle to regain crucial services their kids lost during COVID shutdowns continues.

Now, thanks to a state law and efforts from advocates, they’ll have some extra breathing room to continue the fight.

Federal law requires school districts to provide “compensatory education” to make up for many services lost on a student’s Individualized Education Program (IEP) during the pandemic. That can include therapy, one-on-one aides and bilingual education services, among others.

But some advocates in New Jersey have been saying that more time is needed for parents and school districts to hammer out plans to fill the gaps.

On March 3, Gov. Phil Murphy signed S905/A1281 into law. The Legislature unanimously passed the bill in February after months of effort from disability rights advocates, including the Education Law Center (ELC).

According to the ELC, the new law requires school districts to hold IEP meetings with parents and make determinations about pandemic-related compensatory education by no later than Dec. 31 – or sooner if requested by a parent or guardian.

Parents have the right to file a due process hearing with the state Office of Administrative Law if they disagree with their IEP team’s decision. Under the new state law, the deadline to file a claim, originally March 18, is now extended to Sept. 1 of 2023.

“If you believe that your child did not receive a free appropriate public education between March 18, 2020 and the end of the 2019-2020 school year, and you want to request compensatory education or other services for this time period, you have until Sept. 1, 2023 to file a due process petition,” the ELC states.

WHO QUALIFIES?

What sort of situations might be eligible? According to Advocates for Children of New Jersey, some examples may include:

• A student who was not provided with a working computer in March 2020 or did not have access to classes or school work due to internet issues
• A student who could not learn through remote instruction due to the student’s disability
• A student who needed a one-on-one aide but one was not provided by the school
• A student who did not receive the school-based therapies they were entitled to
• A student who required bilingual education services that were not provided
• A student who experienced a long delay in receiving child study team evaluations and services through an appropriate IEP
• A student who receives other IEP services that were not provided or not provided appropriately

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