12/22/2005
Report on
the 12/21/2005 NJ Board of Education Hearing on IDEIA 2004 Revisions to NJ Code
by Bob Witanek,
Advocate@StudentAdvocate-NJ.org 908-881-5275
http://StudentAdvocate-NJ.org
Those of you who have dedicated yourself to struggle for social change could be familiar with the ebb and flow of personal efficacy when you channel your energy into such an effort. Most such challenges are long term and the milestones of success can be few and far between. Yesterday’s hearing around these issues was such an experience for me. While each of us experienced the hearing uniquely, I would like to share my perspective of what transpired.
I left work early and arrived around 12:40 pm for the 3 pm hearing. I found a spot in the parking lot across from 100 Riverview Plaza. Many of the vehicles parked there were staff of the Department of Education. I proceeded to stick into the door handles of the cars in that lot issues of The New Jersey Student Advocate (see http://studentadvocate-nj.org/new_jersey_student_advocate_V001N001_OnLine.htm ). While it was brisk – around 30 degrees – I tried to move quickly to stay a little warmer.
After some such effort I ventured closer to the DOE building and handed papers to some pedestrian traffic coming and going. One individual who took a paper asked me for an additional copy for his boss. I gave him the extra copy and asked who he was with – and he said the “principal’s association.” I said to him – “so you are on the other side of these issues” to which he replied “we are all for the children.”
I asked if he was a lobbyist and he said he was. So I told him that he is a “hired hit man” trying to take my son’s rights away. That ended the conversation.
I noticed that there were newspaper boxes outside the doors of the school department building. I thought then that it would be perfectly appropriate to hand the newspaper out at that location. After some time, the security guard came out and told me that I was not allowed to hand the papers out there.
Of course I told her that since the board and department are inviting the public into the building for public hearings and since they have newspaper boxes there that it was a perfectly appropriate place to hand the papers out. I also told her that I had spoke to a Mr. Page of the Trenton police community affairs office (which was true – I had called him the day prior) and he stated that no permit was needed to assemble at that location. I told her that I was exercising my right to free speech, for public assembly, to petition government (I had a sign about the special education petition) and the right to advocate for my children.
At that point she stated that she was not going to get into it with me.
However, there must have been complaints from upstairs because she later came out again with the same arguments. We had a similar conversation. She stated that the City of Trenton does not have jurisdiction over the property – that it was the state police that would have such jurisdiction. She stated that the building supervisor had stated that I should be barred from handing the papers out there and needed to go out by the edge of the street. I told her to call the state police if that was her position and continued to hand the papers out.
The State Police never came. I pumped about 300 papers into the building, placing them into the hands of most of the senior and junior staff – into the hands of several senior OSEP staff persons including the rotating directors. I also handed papers out to those visiting the building for various purposes including for attendance of the hearings that we participated in and those delivering sandwiches. I had several friendly conversations and kept everything cordial (except with the individual I mentioned who admitted being a paid lobbyist for the Principal’s Association.).
We had announced a press conference to various media outlets for 2 pm. Unfortunately – only a single photographer for the Trenton Times showed up. He took some action shots of me handing the papers out. However – no reporters showed up to take our statements. For January 18 – we will do a better job at outreach to the papers to make sure that there is a story. More on that will follow.
Once inside – I continued to hand papers out and was again stopped by the security guard. This time she stated that it is ok to hand the papers out outside (where she told me twice previously that it was not ok) but that nobody hands papers out inside and it is not ok to do so there. I again told her that since they were inviting the public into the building for hearings around issues of concern to the public – it is our right to do so. However, I told her I would not push the issue at that point. I had already gotten the papers out fairly thoroughly by that point.
As for the hearings, there was a tremendous and strong showing by parents and advocates on behalf of our children. Common themes were the inaccessibility of the hearings given the timing around two of the most important religious holidays and the failure of the board to schedule regional hearings. Parents and advocates at least in the room I testified in were the overwhelming majority. It was most encouraging that there was one high school senior student who testified and made some pertinent points around the issue of isolating special education students for 9 weeks instead of 6 weeks among other issues. The room burst into applause for him. I think we should have applauded for all of our supporters. I did not because I feared being viewed as disruptive but I think on January 18 we should.
In all there were about 60 presenters in 3 separate rooms. In our room only two of the 3 board members who were supposed to be there bothered to attend.
There was also the usual cast of characters testifying on the other side of the issue including representatives of professional associations, school associations, school boards, districts, the teachers unions, among others.
My presentation is at this link: http://studentadvocate-nj.org/testimony_122105_bobw.htm
With my testimony, I handed in 1400 of the 2000 names on the petition and 9 letters from those who had turned them in to me.
Anyone who would like to place their statement at The Student Advocate Website, please send it to Advocate@StudentAdvocate-NJ.org .
The parent testimony was most heartfelt. I was encouraged by the very decent showing on a date that is so near to Christmas Eve. While we offered different perspectives and different sets of emphases – there was an air of unity there and I thought it was overall a successful showing on our part.
After the meeting, one of the board members came over to me and shook my hand and thanked me for my “passionate” presentation. He told me “Don’t give up the fight.” He stated that he could not comment at this hearing but if I were in the room when they meet around these topics – it would be clear that he would be raising issues with the rest of the board. While he stated as much in front of a smattering of other parents – and he seemed sincere – it is never 100% clear to me whether folks with political power are going to carry through for us.
While I believe it was a good showing – I do not get a sense that we are being heard in what are our expressed concerns. However – I believe a better showing on January 18 – which will occur from 6:30 – 8:30 pm – will position us for greater success. Let’s mobilize!
I will work with others to organize press outreach for 5 – 6:30 pm outside the building. I will also bring candles so that we can “Hold a Candle Light for Our Children’s Rights.” I will encourage my family members to attend including my children. Hopefully my child can testify as well.
This will be a most appropriate way to honor the life and legacy of Dr. Martin Luther King Jr. around the anniversary of his birth.
I believe if we mobilize for a large showing and if we bring our children – those who would be able to attend – we can demonstrate to the board and to the press should we get some coverage – what this struggle is all about.
Meanwhile – continue to get your letters drafted. Continue to gather signed petition statements. And get the word out.
Here is the link on the 50 Strong For Our Children effort:
http://studentadvocate-nj.org/50_strong_for_our_children.htm
Merry Christmas, Happy Chanukah, Fruitful Kwanzaa, Happy Holidays and joyful vacation for those who are getting away.
Remember to gather petition signatures from your New Jersey relatives for those who are celebrating.
For All of Our Children,
Bob Witanek, Advocate@StudentAdvocate-NJ.org 908-881-5275 http://StudentAdvocate-NJ.org
Ask the Advocate
NJ Complaint Form (MS Word)
(PDF)
On Line Public Hearing on IDEIA 2004
Survey on NJ OSEP Complaint
Process
Past Activities
IEP Wkshp
Rec. Programs for
those w/ Disabilities
An Evening of Educational Advocacy
September 8, 2005 Edison, NJ
What The Student Advocate Has Done for Our Children
Lately . . .
NJ IDEIA 2004 Organizing Committee
Minutes of IDEIA 2004 meeting on Thu., May
26
Student Rights Radio
Discussion, October 31
Effort to
Reach Gubernatorial Hopefuls and Acting Governor / Candidates
IDEA: An Update
Dec. 5, 2005
Middletown
January 18,
2006: Hold a Candle Light for Our Children's Rights
50 Strong For Our
Children
No. Jersey Radio Interview Aired, 1/22
Petitioning for Rights Children: Legal in Princeton
Interview on NJ IDEIA Rights
- Racial Disparities in Sp-Ed
Call
is Heard in Montgomery Twp: Inclusive Recreation
NJSAU Minutes 2/18/2006
Playing and Singing for
Our Rights, 4/1/6
Better IDEA Laws for Special Education
Students?
Better IEPs? Anything is Possible!
April
1 Report: Student Advocacy Union - Fundraising Concert
Mobilization for Rights
of Our Children, May 17, 2006, Trenton
Nationwide Internet Radio Rally for Sp-Ed Parent Rights
9pm EST, Sat. May 20
Parents’ Rally @ Statehouse in Trenton Thursday, June 8, 2006
Piscataway Parents Mtg, June 19, 2006