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Special Education Question: When is individual instruction by a special education teacher or reading specialist appropriate?

Medford, NJ |

My child's placement is changing from in class support to pull-out replacement resource for language arts. It has been recommended by independent evaluation that he receive some individual instruction, but the request has been denied. I have heard that individual instruction is difficult to obtain. I am wondering how this is currently upheld in NJ courts?

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Attorney answers 3


Every case is different. IDEA Due Process litigation is very fact specific. Your question is beyond the limits of this forum without an individual review of your child's individual records.


When it is appropriate for your child with his particular circumstances. Experts can disagree. When they do, if you can't agree on an IEP - because your "independent" evaluator does not have more weight than the ones that work for the school - the court will decide. Get an education attorney who will file for a quick resolution. Till then the old IEP remains in effect.

This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.



Would it make a difference if the school has an action plan in place for failing to meet progress targets in language arts in the special education category, and has reading specialist listed as a support to special education students as part of this plan? I also know that this is occurring for a few classified students.

William J Popovich

William J Popovich


Not really - without it being in your IEP, you are entitled to access to the same remediation as any other student with no requirement that the aide do more than is actually in the IEP as the reason for an aide. Misuse of a personal aide comes up most often when the teacher assigns them duties that help the whole class, like passing out/collecting homework, or counting someone's personal aide as the classroom aide for a room that requires one by law. I do agree that your question is basically too specific for answer in a general forum. Education attorney fees are sometimes recoverable from the district, as are your outside expert fees in the right circumstances. And your child really deserves more time from one lawyer who is working just for him/her during the time retained.


You need to obtain a qualified Special Ed attorney through this website or contact the COPAA website. You need to file for a Due Process Hearing. But retain a qualified attorney first. Good luck!

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