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Disabled EducationA Critical Analysis of the Individuals with Disabilities Education Act$
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Ruth Colker

Print publication date: 2013

Print ISBN-13: 9780814708101

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814708101.001.0001

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New Jersey

New Jersey

(p.169) 10 New Jersey
Disabled Education

Ruth Colker

NYU Press

This chapter examines the results of hearing officer decisions in New Jersey involving parents who challenge individualized education programs (IEP) on behalf of their children with disabilities under the Individuals with Disabilities Education Act (IDEA). It begins by telling the story of a four-year-old boy named E.R., whose grandmother could not get the school district to provide transportation from his childcare center (rather than from her home) so that he could receive special education services at the local preschool. New Jersey is one of the few states to impose the burden of proof on the school district when a parent brings a due process complaint to challenge an IEP. Although the school district bears the burden of proof in regular petitions, parents rarely succeed in these petitions.

Keywords:   hearing officer decisions, New Jersey, parents, individualized education program, children with disabilities, Individuals with Disabilities Education Act, school district, special education, burden of proof, petitions

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