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MARC represents children and their families on a variety of special education and disability issues, including issues with school districts, special needs estate planning and guardianship.
SPECIAL EDUCATION
MARC represents New Jersey students and their families in disputes with New Jersey school districts regarding a wide range of special education issues. We provide guidance and counsel regarding the legal challenges faced by children with learning and communication difficulties, behavioral issues and neurological and physical disabilities. In today’s educational climate, vigorous legal representation of a special needs child’s interests has become a necessity, and we have achieved excellent results for our clients. We are experienced in all facets of the special education process, emphasizing the importance of early diagnosis as a precursor to identifying the appropriate educational and related services each child uniquely requires. We assist families through the school district’s initial assessment, negotiate on behalf of families an individualized education program (IEP), ensure the school district’s ongoing compliance with the IEP and, where necessary, resolve disputes regarding the extent and quality of services that a school district must provide for the “free and appropriate public education” (FAPE) in the “least restrictive environment” that the law requires. Although we emphasize cooperation and negotiation with educational providers in the first instance, we have the capability and experience to resort to litigation when necessary in the form of a Due Process Hearing in the Office of Administrative Law or in the state and federal court system.
SPECIAL NEEDS ESTATE PLANNING
MARC provides special needs estate planning services for families with special needs children and disabled adults with the intention of protecting rights and assets and maintaining eligibility for government programs, such as through the use of special needs trusts and powers of attorney.
GUARDIANSHIP
MARC represents disabled individuals and their loved ones in guardianship proceedings, both as counsel for the plaintiff/potential guardian and as court-appointed counsel for the alleged incapacitated individual.
MARC’s Special Education and Disability Practice Group provides students and their parents with effective and efficient legal representation and guidance in many educational circumstances, including:
- Advice on obtaining initial evaluations from school districts when concerns arise.
- Participation in individualized education program (IEP) meetings.
- Development and negotiation of written IEP and 504 plans with school districts.
- Dispute resolution through informal meetings with school districts.
- The filing and litigation of Due Process Hearings through the Office of Administrative Law.
- Disputes regarding the appropriate private and out-of-district school placements at the expense of the school district.
- Transportation disputes for out-of-district placements.
- Disputes with school districts regarding the “fair and appropriate” educational services special needs students as required under the Individuals with Disabilities Education Act (IDEA).
- Counsel and advice regarding the retention of educational advocates and experts for all stages of the special education process.
- Counsel and advice regarding special needs estate planning, including the preparation of special education trusts.
- Guardianship proceedings involving disabled individuals.
Our recent successful representations include:
- Negotiation of numerous out-of-district placements for special needs students whose particular needs could not fairly and appropriately be met by the school district programs, at school district expense;
- Negotiation of additional home instruction hours from a school district, at school district expense.
- Negotiation of particularized special educational services for both in-district and home instruction for numerous special needs children, at school district expense.
- Commencement of Due Process Hearings to secure requisite special educational services for numerous clients.
- Negotiation on behalf of a private special needs school before the New Jersey Department of Education, resulting in state approval for the school.
For additional information or to request a speaking engagement for your group, please contact Paul Carvelli at pcarvelli@marc-law.com or Laura Siclari at lsiclari@marc-law.com.
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