IDEIA and NJ State
Code
by Lauren Agoratus of Family
Voices
Agoratus@cs.com
http://SPANNJ.org
Areas of concern/comments
-highly qualified: the allowance for teachers not having age-appropriate content knowledge for certain students needs to be clarified so as not to lower expectations or limit access to the core curriculum content standards.
Related services: language should be retained regarding “school health services” not just “services provided by a nurse…” because 1) not all schools have nurses on staff and 2) denial of school health services could result in the denial of FAPE (Free Appropriate Public Education).
Transition: services cannot be based on the disability because even within the same diagnosis, there is a spectrum of abilities. Additionally, NJ should return to its original decision to begin transition at 14, not 16.
-manifestation determination review: burden of proof has now shifted to parents who now have to prove the behavior was caused by the child’s disability. This erodes discipline protections for families.
Stay put: Until proven otherwise, the placement should not change until a decision is made to avoid unnecessary disruption for the student.
Resolution Session: The decision must be in writing and I agree that the meeting cannot include the school’s attorney unless the parent has an attorney. I personally faced my first confrontation with a district in mediation across from the school’s attorney whom I didn’t even know would be present.
-elimination of short-term objectives/benchmarks: these served as steps towards reaching annual goals and elimination would negatively affect outcomes for children if progress isn’t being regularly monitored. In addition, IEP progress reports serve the same purpose, particularly in light of NCLB, and should be retained in the state code.
-state flexibility: In NJ, there is now a family cost share for Part C so parents would need to be aware that if they opt to continue early intervention, they would not be eligible for FAPE.
-Personnel Qualifications: Paraprofessionals in private schools for the disabled that do not receive Title I funds are exempt; children with the most severe disabilities often end up in out of district placements and would actually be left with the person (parapro) with the least experience in these cases.
Participation in Assessments: In addition to standardized assessments, alternate assessments need to be developed for both the same achievement as standardized assessments as well as alternate achievement standards.
State Advisory Panel: It should be a given to include representation from the Parent Training and Information Center.
Overidentification/disportionality: There needs to be a mechanism for accountability, not just data collection.
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