Disclaimer: This blog post is for general information only. It is not legal advice and does not create an attorney-client relationship. Every child’s case is different, so you should speak with a qualified lawyer about your specific situation.

It is heartbreaking for a parent to watch their child struggle in school, only to have the school district say they don’t qualify for extra help. In New Jersey, schools have a legal duty called “Child Find.” Under N.J.A.C. 6A:14, districts are required by law to identify, locate, and evaluate all children who may have a disability. This means the school cannot just wait for you to ask; if they see a child struggling, they have a proactive responsibility to act. If your child is struggling and the district is sitting on their hands, they may be failing their Child Find obligations.

Why Districts Say No: The “Outdated” Model

A common reason districts refuse to classify students is that they rely on an outdated “discrepancy model.” This is when they only look at the gap between a child’s IQ and their achievement scores. However, this model is often not applicable if your child falls under categories like Other Health Impaired (OHI), often used for ADHD, or Emotional Regulation Impairment (ERI). Furthermore, classification cannot be based on test scores alone. New Jersey law requires the district to look at “functional capacity,” which means how your child actually performs in the real world and the classroom, not just how they bubble in a standardized test.

Bringing in Your Own Experts

You do not have to rely solely on the school’s internal evaluations. One of the strongest tools a parent has is the ability to bring in outside data. You can hire your own specialists, such as Neuropsychologists or private Speech-Language Pathologists, to perform independent evaluations. These private experts often provide a much more detailed picture of your child’s brain and learning style than a school’s brief assessment. When you present these private reports, the school district is legally required to “consider” them as part of the classification process.

Steps You Can Take Next

If the school refuses to classify your child after an evaluation, your first step is to ask for the decision in writing. In New Jersey, you have the right to request an Independent Educational Evaluation (IEE) at the school’s expense if you disagree with their results. This allows an outside expert, paid for by the district but chosen by you from an approved list, to test your child. Often, these independent experts find the specific learning gaps that the school’s “outdated” models missed, which can be the key to getting your child the classification they deserve.

Fighting Back and Securing Services

If the school still refuses to help, you can request Mediation or a Due Process hearing. This is a formal way to have a neutral third party decide if the school is following the law. Once classified, the goal is to get an Individualized Education Program (IEP) that focuses on your child’s actual needs.  This is true whether that is extra time, speech therapy, or specialized instruction. Remember, you are your child’s best advocate, and the law, including Child Find, is on your side to ensure they receive a “Free and Appropriate Public Education.”

Getting the Services Your Child Needs 

Once your child is classified, the goal is to get an IEP that actually works. This plan can include things like extra time on tests, speech therapy, or a smaller classroom setting. To get these services, you must be an active member of the “IEP Team.” Keep a folder of all your child’s medical records and private tutoring reports to show the school exactly what your child needs. Remember, you are your child’s best advocate, and the law is there to ensure they receive a “Free and Appropriate Public Education.”

At Raff & Raff, LLP, we have spent decades serving the people of Northern New Jersey. We understand how a sudden accident can turn your life upside down, and we are here to help you navigate these complex laws. 

Our goal is to ensure that a simple paperwork error doesn’t prevent you from getting the services your child deserves.

If you have questions or need support regarding this, call Raff & Raff, LLP. Whether your child was involved in a disciplinary, special education, residency, or bullying matter our team is ready to provide the guidance you need.  Contact Raff and Raff, LLP at jenni@raffandraff.com to discuss your potential education law needs today!