Action Alert!
Stay Put and Manifest Determination Still on Chopping Block
We need to
support the positive changes made to the code based upon our efforts – there is
tremendous pressure on the NJ Board of Education from the NJ State Board
Association to rollback on those matters. We also need to continue to press in
other areas that have not been addressed by the state board.
The efforts of parents to improve the
implementation of IDEIA 2004 has borne fruit. The current code draft keeps
short term objectives and a 45 calendar limit on alternative interim placement.
Also, NJ did not opt to become part of the 3-year IEP pilot program under IDEIA
2004.
While we congratulate all who participated in making this happen, we are not satisfied that the NJ State Board of Education has not addressed the issues of manifest determination and stay put which are two of the most critical points of the petition drive. Special education in NJ is wrought with racial disparities as has been documented in a 2004 report entitled "Still Separate, Still Unequal."
http://www.njddc.org/sep-uneq.htm
Part of this immense problem is that special education students of color in special education are much more likely to be suspended or expelled from J public schools than Caucasian special education students. In such a situation, it is unconscionable that NJ would do anything that will worsen these disparities. By failing to address the petition concerns of Stay Put and Manifest determinations, that is exactly what NJ is doing.
Is the NJ State Board of Education genuinely concerned about the elimination of racial disparities in discipline of special education students? If so, then how can it do anything that will only make it easier to suspend and expel special education students - or to push them out of their current placements?
Stay put protects children from unilateral change of placement by school districts based upon a behavioral incident. Parents can block a unilateral shift by filing for due process. In that case, the child would remain in current placement until the due process issue is resolved. However, under proposed revision to IDEIA 2004, the parent can still file but the district can get away with a unilateral change of placement. Stay put is an important protection for parents and must be maintained.
Manifest determination protections prior to IDEIA
2004 require districts to consider a behavioral disability for a child prior
when meting out suspensions and expulsions. Under revisions, the
disability must still be considered (in theory) but there is less burden on the
district to prove that the behavior is disability related. In the bully
ridden schools throughout NJ, children with disabilities are being manipulated
and provoked constantly by bullies while often districts are either unaware or
shifting view from the situation. Then once the special education child
reacts or responds, after weeks or months of build up of tension, districts kick
in with zero tolerance suspensions and expulsions. This situation will
become more severe under revisions coming out of Trenton.
These protections are important for all special
education children. The removal of these protections will impact those groups
that are already subject to disproportionate discipline measures. When our
special education children get thrown out of public schools, it is a ticket to
the juvenile justice, adult justice, a life of dependency and an early grave.
Stay Put must Stay Put! Maintain Current Manifest Determination Protections!
The NJ Student Advocacy Union says that the NJ BOE must go back to the drawing board on these questions. We urge all to continue to press around the points of stay put and manifest determination protections by writing to: Lucille.davy@doe.state.nj.us and comments6A14@doe.state.nj.us . Get your comments in before June 21 as that is when the current comments period is slated to end.
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