The New Jersey Student Advocate
A publication of A Parents’ Initiative
for Every Child’s Education (APIECE)
Fall 2005, “The First Issue” Volume 1, Issue Number 1
“Standing up for the rights
of all students including those facing adversity due to disability, racial
disparity and economic inequity”
Visit today: http://StudentAdvocate-NJ.org http://APIECENJ.org / 908-881-5275 /
908-874-5094 Advocate@StudentAdvocate-NJ.org / APIECE, PO Box 1214, Belle Mead,
NJ 08502
Paid for by members and supporters of and donators to A Parents’ Initiative for
Every Child’s Education
Back to Index
Promote
Attorneys Dispute DOE on IDEIA 2004
This link at the Education Law
Center (ELC) refers to a letter that has been drafted and sent to Barbara
Gantwerk by 12 attorneys representing such organizations as SPAN, the Education
Law Center, ARC of NJ and NJ Protection and Advocacy Inc:
http://edlawcenter.org/ELCPublic/elcnews_050630_SpecialEducationComments.htm
The following is a link to the letter that was sent to DOE:
http://studentadvocate-nj.org/LegalResponsetoBGantwerk.htm .
Specifically, according to the summary at the ELC site: " . . . the State
regulations regarding special education reevaluations which provide for more
frequent reevaluations than does IDEA '04 - must remain in effect unless and
until NJDOE amends the state regulations, since IDEA '04 does not supercede the
state regulations. Compliance with a state mandate of more frequent
reevaluations perforce assures compliance with a federal mandate of less
frequent reevaluations.
ELC and the other advocates also disagreed with NJDOE’s determination that
schools may take advantage of the IDEA ’04 provision allowing the removal of
students with disabilities to an interim alternative educational setting for up
to 45 school days, because the State regulations provide for removal merely for
45 calendar days. The federal provision regarding removal is permissive, not
mandatory, and therefore, the change to 45 school days may not supercede the
state provision of 45 calendar days.
Similarly, the advocates protested implementation of IDEA ‘04’s more onerous
discipline standard, as well as implementation of IDEA ‘04’s attorney fee
provision which allows districts for the first time to collect fees. These
provisions are permissive in nature and therefore may not supercede the current
State regulations in these areas."
What the DOE memo has done is pushed the clock ahead on these items, before the
public hearings that DOE must hold. Two of the items improperly fast tracked are
addressed by our petition drive. When you write to the DOE, you might include
your view of its apparent misinterpretation of IDEIA 2004. You might also
consider writing to your local district to alert them of the possible legal
misinterpretation of these issues by NJ DOE.
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