New Jersey Association of Justice
American Bar Association
National Employers Lawyers Association

Education Law

Our New Jersey education lawyers represent families and students with disabilities who require reasonable accommodations to access their education in elementary and middle school, high school, and college. Our education attorneys also help families obtain appropriate transition plans for classified students with disabilities who are preparing for life after high school. Our education and discrimination attorneys always aim to ensure equal access to education and to prepare New Jersey students with disabilities for adult life.

Does your child struggle in school due to a learning disability, like dyslexia or dysgraphia, and need accommodations to complete their work? Students with many types of identified disabilities, including attention deficit hyperactivity disorder (ADHD), anxiety, autism spectrum disorder (ASD), and specific learning disability are often entitled to receive academic modifications and reasonable accommodations in school. Perhaps your school has determined that your child does not qualify for accommodations and modifications, but you believe they are necessary. Our special education lawyers are familiar with the federal and state laws protecting students with disabilities, including Section 504 of the Rehabilitation Act of 1973 (Section 504), the Individuals with Disabilities in Education Improvement Act of 2004 (IDEA), and New Jersey state education and discrimination statutes. We can evaluate your education law case and advise you of your rights, your child’s rights to receive accommodations in school, and the school’s legal obligations to your family. 

Does your child have a medical condition that requires ongoing care while in school? Students with intensive medical needs like epilepsy or diabetes, among other conditions, are also entitled to reasonable accommodations and modifications in New Jersey schools. They are also entitled to individualized health care plans and emergency health care plans, designed to allow them equal access to their education and school-related activities. When medically fragile students are denied these rights, they often cannot attend school safely. If your child has missed school, is routinely being sent home early or excluded from certain activities, or you worry about their safety while in school due to a medical condition, an education attorney can help you enforce your rights and ensure your child’s ability to attend school safely with their peers. 

Classified students with disabilities who are preparing to leave high school are entitled to a robust and intensive transition plan designed to prepare them for postsecondary life. Transition planning in New Jersey must be based on transition assessments, with measurable IEP goals and objectives designed to bring the student closer to their postsecondary goals. It should involve state agencies to assist with vocational rehabilitation, housing, and adult disability services whenever necessary to meet the student’s individual needs. Our IEP lawyers can make sure that all of your child’s needs are being met through transition planning, including their social, behavioral, daily living, employment, and academic needs, and we can ensure that transition planning is driven by your child’s unique interests and strengths. 

For students with disabilities who are attending college and need accommodations, you may be shocked by the difference between securing accommodations in high school versus college. While New Jersey high schools are required by law to seek out struggling students and make sure they get the help they need, colleges have entirely different legal obligations to students with disabilities. In fact, it becomes the student’s responsibility to identify themselves as a student with a disability, provide documentation of their disability to the student disability services office, and demonstrate their need for reasonable accommodations or academic adjustments. Securing these accommodations is vital for academic success in college. Our education attorneys can help you navigate your school’s disability disclosure requirements and reasonable accommodations process, and help you obtain equal access to the college environment.

If you or your child are being denied reasonable accommodations in school, need help acquiring college accommodations, or are concerned about the state of your child’s transition plan, reach out to one of our education lawyers to schedule a consultation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully

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