Diana Autin of SPAN Preliminary Review of Latest Code Draft My quick review of the new proposed special ed code changes include the

Reverted back to allowing students who are suspended to be removed to an interim alternative educational setting for no more than 45 calendar days, not school days

Kept requirement for local parent support group in each district

Eliminated special ed teacher being able to be case manager

Eliminates mandatory 25 hours for preschoolers with autism

Has shorter 3 year age span for students in self-contained programs for elementary students

Will require districts to maintain documentation that all teachers and service providers have been informed of their responsibilities under IEP

Allows amendment of IEP without a meeting but only if the parent makes a written request to district for written amendment to IEP and district agrees, or district provides parent a written proposal to amend and within 15 days the parent consents in writing, and district must provide amended IEP within 15 days of parent consent to amendment

Keeps requirement at proposed N.J.A.C. 6A:14-3.7(e)17 requiring that IEP teams set forth how a student will participate with non–disabled peers in extracurricular and non-academic activities and delineate a means to achieve such participation

Keeps requirement for IEP or notes of meeting and agreements reached be given to the parent at the end of IEP meeting

Added functional needs of student

Changes term from "regular education" to "general education"

Prohibits an identified surrogate parent from being removed without cause'

Retains formal language allowing for reconsideration of results of request for complaint investigation

Statement requiring inclusion of any integrated therapies appropriate for the student

Add some new preschool LRE language:

11. Review the preschool day to determine what accommodations and modifications may be required to allow the child to participate in the general education classroom and activities.

Keeping short term objectives for all students?

RESPONSE: The Department agrees that benchmarks or short-term objectives can provide a valuable means for families to measure student progress on an ongoing basis. Although annual academic and functional goals, in accordance with IDEA 2004, now must contain an enhanced level of detail, the Department will amend the regulations at proposal level as follows:

N.J.A.C. 6A:14-1.3

"Individualized education program" (IEP) means a written plan [developed at a meeting according to N.J.A.C. 6A:14-2.3(i)2] which sets forth present levels of academic achievement and functional performance, measurable annual goals and[, where applicable,] short-term objectives or benchmarks and describes an integrated, sequential program of individually designed instructional activities and related services necessary to achieve the stated goals and objectives. This plan shall establish the rationale for the student's educational placement, serve as the basis for program implementation and comply with the mandates set forth in this chapter.

Not so good stuff

Keeping severe discrepancy formula for Specific learning disability as opposed to Response to intervention model

Allows 4-year age range for secondary school students in a program

Took out language allowing for appeal of results of complaint investigation

Increases from 45 to 60 days the amount of time allowed to do reevaluation

Congratulations to all parents and advocates who submitted hundreds of testimonies! Of course, we need to keep sharing our stories and our support for the things that we need for our children!

Diana MTK Autin

SPAN