How long does the school have to evaluate my child?

In New Jersey, once you give written consent for an initial evaluation, the district has 90 calendar days to complete the evaluation, determine eligibility, and, if your child qualifies, develop and implement the IEP. Put your request in writing, because that is what starts the clock, and districts frequently miss this deadline.

The district says my child gets good grades, so they don't qualify. Is that correct?

Not by itself. Eligibility depends on whether a disability adversely affects educational performance and requires specialized instruction, not on whether the student is passing. A child can earn acceptable grades and still qualify, particularly where they are compensating in ways that mask the disability. This kind of denial can be challenged.

I disagree with the school's evaluation. What are my options?

You have the right to an independent educational evaluation at the district's expense, one per district evaluation, when you disagree with the district's assessment. Make the request in writing and state that you disagree. The district must consider the independent evaluation, and it can be used as evidence if the matter goes to due process.

The IEP is written correctly but the school isn't following it. Can I do anything?

Yes. A district must implement the IEP as written, and a failure to deliver listed services or accommodations is a violation in itself. Keep records of missed services, and counsel can file for mediation or due process to compel compliance and seek compensatory education for what your child was denied.

How long do I have to file for due process?

Generally two years from the date you knew or should have known about the issue that forms the basis of the dispute. Because that window can be shorter than families expect and evidence fades over time, it is best to have a potential claim evaluated promptly rather than waiting.

Can the school change my child's placement while we're in a dispute?

Generally no. Under the stay-put protection, a student remains in the current educational placement while a due process proceeding is pending, unless the parties agree otherwise. This prevents a district from unilaterally reducing or changing services during the dispute.

Can I get reimbursed for a private school placement?

Sometimes. Where a district fails to provide FAPE and a parent places the student in an appropriate private program, reimbursement may be available. These cases have specific notice requirements and turn on whether the district's program was inadequate and the private placement appropriate, so they should be handled with counsel from the outset.

My child has an IEP and is now facing suspension. Is that treated differently?

Yes. Before a removal that changes placement, the district must hold a manifestation determination review to decide whether the behavior was a result of the disability or a failure to implement the IEP. If it was, ordinary discipline generally cannot be imposed. We handle these reviews and the broader disciplinary process.

What should I do if I’m arrested in New Jersey?

Remain silent and request an attorney immediately. Do not answer questions without legal counsel present. Contact Ratliff Jackson LLP as soon as possible to begin your defense.

Do you handle federal criminal cases?

Yes, we defend clients facing federal charges in the U.S. District Courts for New Jersey and the Eastern District of Pennsylvania.

Can I avoid jail time if I’m charged?

Depending on your case, we may be able to negotiate alternative sentencing options like probation, diversion programs, or dismissal through pretrial motions.

Education Law

New Jersey Education Lawyers

When a school, district, or university fails a student, families need New Jersey education lawyers who know both the administrative system and the courtroom. At Ratliff Jackson LLP, we represent students and parents across the full range of education law: special education and 504 plans, school discipline and Title IX, bullying and discrimination, residency and school access, higher education proceedings, and the civil rights and records disputes that surround them. Education matters move on short deadlines and through unfamiliar procedures, and the earlier a family has counsel, the more can be done.

Education disputes often carry filing windows measured in days. Call (856) 209-3111 or email intake@ratliffjackson.com to speak with a New Jersey education lawyer about your child's situation.

Special Education and 504 Plan Representation

Special education is the core of our education practice. Under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, every child with a qualifying disability is entitled to a free appropriate public education. New Jersey builds detailed procedure on top of that federal floor through N.J.A.C. 6A:14, the state's special education code, which governs evaluations, eligibility, the individualized education program, and the dispute process.

We represent families in the full arc of a special education dispute, including evaluation and eligibility disputes, FAPE disputes, least restrictive environment claims, 504 plan compliance, disability accommodations, private school placement reimbursement, and transition planning. When a dispute cannot be resolved informally, it proceeds through mediation or a due process hearing before an administrative law judge at the New Jersey Office of Administrative Law. A due process petition generally must be filed within two years of when the family knew or should have known of the issue, which is why timing matters from the first sign of a problem. Our full special education practice covers each of these areas in depth.

School Discipline and Title IX

Suspension, expulsion, and misconduct charges carry consequences that follow a student well beyond the hearing. Because this area is deep enough to warrant its own dedicated resource, we handle it through a focused practice. Our student discipline defense practice covers short and long-term suspensions, expulsion appeals, academic integrity charges, and the manifestation determination reviews that protect students with disabilities, along with Title IX defense at the K-12 and college level. Families facing a disciplinary notice should start there, and can reach us at the number above for immediate help.

Bullying, Harassment, and Discrimination

New Jersey schools have a legal duty to maintain a safe environment. The Anti-Bullying Bill of Rights Act, N.J.S.A. 18A:37-13 et seq., sets specific standards and procedures for how districts must prevent, report, investigate, and respond to harassment, intimidation, and bullying. When a school fails to act, or retaliates against a family that reports, legal options exist. We represent students in HIB matters and in discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., where conduct is tied to race, disability, gender, religion, or another protected characteristic, in both public and private schools.

Residency and School Access Disputes

Every child has the right to attend school in their district of residence, and disputes over that right move quickly. Districts sometimes challenge a family's residency or demand tuition reimbursement on the theory that a child lives out of district. We defend families against wrongful residency accusations, challenge tuition demands, and establish lawful domicile under New Jersey's education regulations. For students experiencing housing instability, the federal McKinney-Vento Act can independently protect the right to remain enrolled, and we raise it where it applies. These matters are handled through our related residency dispute practice.

Higher Education Representation

Education law does not end at graduation. College and university students face their own proceedings, from academic integrity charges to Title IX investigations to disciplinary actions that can threaten a degree and a career. We represent students through our higher education practice and, where the matter involves Title IX, our New Jersey Title IX defense practice. College appeal deadlines are often measured in days, so early involvement is essential.

Student Records, Privacy, and Parental Rights

Parents and eligible students have enforceable rights to access and correct education records. Under FERPA, families can inspect records and request correction of inaccurate or misleading entries, and under New Jersey's Open Public Records Act they can seek records from public agencies. When a district improperly withholds records or refuses to correct them, those denials can be appealed. We help families obtain records, challenge improper denials, and remove inaccurate disciplinary notations from a student's file.

Civil Rights in Education

When a school crosses into unlawful discrimination, retaliation, or a constitutional violation, the remedies extend beyond the administrative system. We bring claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., and under 42 U.S.C. § 1983 for the deprivation of constitutional rights, alongside the due process protections that govern how schools must treat students. These cases hold institutions accountable where internal processes have failed.

Why Families Work With Ratliff Jackson LLP

Both systems, one firm. Education disputes run through administrative agencies and, when necessary, the courts. We handle both, from an OPRA request through a due process hearing to litigation.

K-12 and college. Our practice spans the full range, from an IEP dispute in elementary school to a Title IX appeal at a university.

Direct communication. These matters are stressful and time-sensitive. Families know where their case stands and what the next step is.

Frequently Asked Questions

My child's IEP looks fine on paper, but the school isn't following it. Can I act?

Yes. A district must not only write an appropriate IEP but implement it faithfully. When listed services or accommodations are ignored, that can violate IDEA and Section 504. Keep records of missed sessions, unmet accommodations, and untrained staff. Counsel can file a complaint or a due process petition to compel compliance and seek compensatory education.

Can a school suspend a student with disabilities for disability-related behavior?

Only in limited circumstances. Before a long-term removal, the district must hold a manifestation determination review to decide whether the behavior was a result of the disability. If it was, standard discipline generally cannot be imposed without proper supports. We handle these reviews through our student discipline defense practice.

The district says my child isn't "severe enough" for special education. Is that right?

Not necessarily. A student does not need to be failing to qualify. Eligibility turns on whether a disability adversely affects educational performance and requires specialized instruction. Districts sometimes misapply the standard, and families can challenge an evaluation and obtain an independent educational evaluation to establish eligibility.

When should I request an evaluation?

As soon as you suspect a disability. You do not need the school's permission to raise the concern. Put the request in writing, since that starts the regulatory clock for the district to respond and complete testing. Districts frequently miss these timelines, and counsel can hold them to the required deadlines.

We changed districts mid-year and the new school is ignoring the IEP. Can they start over?

No. Federal law requires the new district to provide comparable services under the existing IEP until it holds a new IEP meeting. This prevents a gap in services when a family moves. We help enforce that continuity so a student is not penalized for a transfer.

What if my child is bullied by staff rather than another student?

That can still be actionable. Harassment by teachers or administrators may violate the New Jersey Law Against Discrimination, Title IX, or Section 504 when tied to disability, race, or gender. These cases turn on evidence, including witness statements and communications, and we handle them with care for the student while holding the district accountable.

My college student was found responsible in a Title IX case with little evidence. What now?

Move quickly. University appeal windows are often short, sometimes only a few days. Grounds for appeal typically include a lack of due process, procedural error, or new evidence. We represent college students in Title IX and academic integrity appeals and can assess the record against the school's own procedures.

My child's records contain disciplinary notes we never knew about. Can they be removed?

Possibly. Under FERPA, parents and eligible students can inspect records and request correction of inaccurate or misleading entries. We help families draft correction requests and, where a district refuses, challenge that refusal through the appropriate channel.

Education Law Practice Areas

Families facing a discipline or Title IX matter can go directly to our student discipline defense practice. For related student-side resources, see our work on Title IX representation, academic dishonesty defense, and student appeals.

Resources

Primary legal sources referenced on this page:

Individuals with Disabilities Education Act – Federal special education law guaranteeing a free appropriate public education
N.J.A.C. 6A:14 – New Jersey special education code, including due process hearing procedures
Anti-Bullying Bill of Rights Act – New Jersey harassment, intimidation, and bullying standards (N.J.S.A. 18A:37-13 et seq.)
FERPA – Federal law governing the privacy and correction of education records

Whether your child has been denied special education services, disciplined unfairly, bullied, or discriminated against, the time to act is early. Call (856) 209-3111 or email intake@ratliffjackson.com to speak with a New Jersey education lawyer.

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