How do the special education laws deal with a divorced couple over the issue of educating a child who has learning disabilities?
Children who have learning disabilities enjoy a wide range of benefits under the Individuals with Disabilities Education Act. (IDEA), 20 U.S.C. 1400 to 1487. The key to the implementation of the IDEA is an individualized educational plan (IEP). This is a document that is developed collaboratively each year by the school officials and the parents. This report describes the child’s problem, placement, goals and objections. If there is a disagreement over the terms of the IEP, the IDEA and the New Jersey State Board of Education regulations provide a speedy hearing process before an Administrative Law Judge of the Office of Administrative Law. In many divorced families there is a great deal of disagreement as to how to educate a child who may have learning disabilities. One parent may totally disagree with any classification of a child as having a learning disability. Meanwhile, the other parent may completely agree with the classification made by the school. A leading case on this issue
