Stronger IEP Rights for Parents: What the New Law Means

On July 22, 2025, Governor Phil Murphy signed legislation intended to improve transparency in the Individualized Education Program (IEP) process. S3982 (P.L.2025, c.107.) requires certain information to be provided to parents or guardians at least 2 business days prior to the annual IEP team meeting and establishes the IEP Improvement Working Group in the Department of Education (DOE).

At least 2 business days prior to the annual team meeting concerning the review of an IEP for a special education student, public schools must give the student’s parent or guardian a written statement of items to be discussed at the meeting.

Prior to S3982, the law only required that schools give parents or guardians details about a meeting’s purpose, time, location, and participants. Additional information, such as reports or documents, are provided to parents or guardians at least 10 calendar days before an IEP meeting only if the meeting was to determine a student’s eligibility for special education. Parents or guardians were also informed in advance if an IEP team member would miss the meeting and provided that person’s written input. The IEP team member notification of S3982 is in addition to the IEP team member notification that is included in the IEP meeting date notice.

Along with this, the DOE will be required to create the IEP Improvement Working Group, which will give recommendations to the DOE regarding methods to improve the development and implementation of IEPs and to ensure parental involvement in the process.

The DOE Commissioner will appoint the members of the working group which will be composed of individuals representing the northern, central, and southern regions of the State, and will include, but not be limited to:

• 3 full-time public school teachers who teach students with IEPs
• 2 public school principals
• 2 directors of special education
• 2 school board members from 2 different school districts
• 2 public school chief school administrators
• 4 or 5 parents or guardians of public school students receiving special education services
• 6 members who have expertise working with, or representing, students with disabilities (at least 2 with direct experience working with Black, Latino, and immigrant students with disabilities, 1 who has direct experience providing transition services, and 1 who is at least 21 years of age and has received special education and related services pursuant to an IEP)
• 4 members who are part of a child study team in a public school (1 school psychologist, 1 school social worker, 1 learning disabilities teaching consultant, and 1 speech-language specialist)

The working group will examine, research, and make recommendations on:

• Other states’ practices for the development and implementation of IEPs and ensuring parental involvement
• The differences in practices used in different school districts within the State for the development and implementation of IEPs
• Research or other academic evidence of best practices with respect to development of IEPs
• Federal or State law restrictions on changes to the IEP process
• Potential legislative, regulatory, funding, or other improvements to the State’s IEP process

Once the working group officially organizes, they must issue a report of their recommendations within four months.

Autism New Jersey supported this bill throughout the legislative process and thanks Governor Phil Murphy and sponsors, Senate Majority Leader Teresa Ruiz and Assemblywoman Verlina Reynolds-Jackson for their leadership on behalf of students with autism.

The legislation takes effect immediately with the school district IEP requirement taking effect during the 2025 – 2026 school year. DOE recently released guidance to school districts on how to comply with the new requirements

To learn more about the IEP process and parental involvement, read 10 Tips for Parents during the IEP Process.