The New Jersey Student Advocate
A publication of The NJ Student
Advocacy Union
Spring 2006, “The Second Issue” Volume 1, Issue Number 2
“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 / 908-881-5275 /
Advocate@StudentAdvocate-NJ.org
NJ Student Advocacy Union, PO Box 1214, Belle Mead,
NJ 08502
Paid for by members and supporters of and donators to the NJ Student
Advocacy Union
PDF:
http://studentadvocate-nj.org/NJSTUADV001_002.pdf
Promote:
http://studentadvocate-nj.org/Spring_2006_NJSA_Promote.htm
Post Schaffer: New Era
The impact of the Supreme Court decision in Brian Schaffer et al v. Jerry Weast could have dire consequences for millions of current and future special education students across the U.S. The impact will be felt not only by those parents who are forced to or choose to file for due process but by all parents whose opinions might differ from school district personnel at the IEP table. For some, the impact will be swift and immediate. For others, the impact will creep into the IEP process for years to come. For all of us, the results will be that districts are further empowered to override and disregard our concerns. A process already warped in favor of school districts and state departments of education will tilt ever further in that direction.
Firstly, districts will now have less fear of due process and being challenged legally. The task of challenging district decisions will be ever more daunting as the prospects for parents of prevailing have been greatly diminished. The costly venture of taking the district to court will need to be carefully considered as the ability to prevail is weakened. As bold as districts can be, expect a several fold increase in this regard.
The remedies of students and their parents to districts being unfair and in reckless disregard for the welfare of our children are greatly curtailed. There will be either an unspoken grin or an outright gloat by case managers and directors nationwide when parents make reference to legal remedies - even more so than occurs today. It could evolve that due process ends up as nothing more than a bad joke. It is no exaggeration to state that IDEA was decimated by this decision. Law without legal remedy can drift into a state of ineffectiveness.
The majority decision was a response to the political winds that blow through congress to undermine and weaken legal protections under IDEA each time it is reauthorized. The struggles in congress are a very lopsided fight with powerful lobbyists financed by dues paying members of powerful organizations with full political rights on one side, and hands full of 501 C3 and state funded advocates - with no political rights - and some independent advocates and parents on the other.
The best response would be to organize and unify at the local level, on a statewide basis and across the whole country. The NJ Student Advocacy Union believes a parents union is the way to go. However, organization, unity and struggle can take many forms. This newspaper provides several suggestions as to what steps can be taken. You can take our suggestions, modify them to your liking or come up with your own ideas. If you want to work with us on any level, do not hesitate to call 908-881-5275, write advocate@studentadvocate-nj.org or visit http://StudentAdvocate-NJ.org
The NJ Student Advocacy Union calls
upon the state legislature to pass legislation encoding that burden of proof
shall be borne by the school districts. Write today to your NJ Assembly and NJ
Senate reps and to Governor Corzine. Our silence in this regard is not an
option!
Find your legislator:
http://www.congress.org/congressorg/dbq/officials/?lvl=L
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