School Law

Helping Families Navigate Special Education

Everything is fine until it isn’t.

Special education is a service not a place.

When your child is not receiving the appropriate supports and services, modifications, and accommodations, no matter where the services are being delivered, it has consequences.

Waiting until the next meeting may not be a viable option.

Here at Bercik Law we can help you advocate for your child with the Individualized Educational Plan (IEP) and the 504 Plan. Ensuring your child receives a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) is our mission.

The Individualized Educational Plan should be just that, individualized. A one size fits most approach will not always lead to FAPE in the LRE.

If you believe your child’s IEP is not being implemented in full you should follow the following steps to protect your child

Avoiding Loss of Education

Consider the following scenario:

Every September things start off well. By October issues arise requiring evaluations and additional supports and services. Those reports come back by December. 

Another meeting takes place. Before implementation begins it is Spring. 

Things really start falling into place just as the year ends. The following September things start off well. This cycle can continue for years. 

Don’t make the mistake of falling into this cycle. Your child cannot afford to lose even one year of education.

We are here to assist you as you advocate for your child from IEP meetings through Mediation and Due Process.

We work with families to obtain results that benefit the student. Every child deserves a chance to succeed with the right supports and services in place.

"When inclusive [practice] is fully embraced, we abandon the idea that children have to become 'normal' in order to contribute to the world. Instead, we search for and nourish the gifts that are inherent in all people. We begin to look beyond typical ways of becoming valued members of the community, and in doing so, begin to realize the achievable goal of providing all children with an authentic sense of belonging."

Norman Kunc (1992)

"We conclude that in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. . ."

Chief Justice Earl Warren, Brown v. Board of Ed., 347 U.S. 483 (1954)

What is the difference between an IEP and 504?

IEP  (Individualized Education Plan)

An IEP is an Individualized Educational Plan developed under the Individuals with Disabilities Education Act of 2004 (IDEA), 20 U.S.C. 1400.

The purpose of the IDEA is to ensure a student receives a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.

It is in place while the student is eligible to receive Special Education in public schools if enrolled until the age of 21.

504 Plan

A 504 Plan is a plan developed under Section 504 of the Rehabilitation Act of 1973.

The purpose of the Act is to eliminate discrimination on the basis of disability in any program or activity receiving Federal financial assistance.

Section 504 specifically applies to the Department of Education. It provides a broader definition of disability than the IDEA.

It is developed for the same reasons, but provides accommodations and modifications for the student to access the general curriculum in order to receive a free appropriate public education (FAPE).

A 504 Plan does not end at the end of high school.

School Law Attorney

At Bercik Law, we have a school law attorney, William S Frazier, Esq.

Mr. Frazier brings that same level of care and focus to his clients when assisting them through the challenges of obtaining free and appropriate public education in the least restrictive environment.

Depending on the family dynamics, needs of the child, and the expectations for the future, Mr. Frazier’s focus is to gain access to all the resources legally available for families.

William S. Frazier, Esq

Contact Our Office Today...

..or call us at 732-483-6300. It is our goal to put you at ease.

Revmont Park
1161 Broad Street (Rt. 35 North)
Suite 215
Shrewsbury, NJ 07702

Tel: 732-483-6300
Fax: 732-676-7636

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