IDEIA 2004 Code Change Proposed Schedule from NJ DOE:
These dates have been changed by NJDOE once already so they are subject to
further change.
Wed., November 2, 2005,
the New Jersey State Board of Education, at its monthly public meeting, will
hold the First Discussion Level of review of amendments to NJAC 6A:14, including
amendments to implement IDEA 2004. Public comment on the amendments is not
welcome by NJ DOE at this meeting.
Election date Tuesday, November 8.
Dates not specified
for for a pre-proposal 30 day public comment period (but sometime between
Nov. 2 and Dec. 19)
Amendments to NJAC 6A:14 are currently scheduled to be published in the New
Jersey Register in December 19 .
Month of November 30 day "pre-proposal" comment period. (Mr. Worthington did not provide the precise dates of this 30-day period.)
Date not specified
for
30-day public comment period
(post-proposal) sometime after December 19.
Wednesday, December 21, 2005,
public hearing on code changes before NJ DOE (Merry Christmas)
Wednesday, March 15, 2006,
second public hearing on code changes before
NJ DOE
IDEIA 2004 Hearings Must Be Scheduled on a Saturday for
Maximal Parental Input!
If you are still
holding out – sign the petition today!
http://StudentAdvocate-NJ.org
NJ-IDEIA 2004: Comment on Latest Date Changes
By Bob Witanek advocate@studentadvocate-nj.org http://StudentAdvocate-NJ.org http://APIECENJ.org
The changes to the IDEIA 2004 code change implementation schedule could not pass without comment from this quarter. The following are the new dates. We need to organize around these dates in order to have our greatest impact on the process. Those who can commit to participate in these dates and help organize around them, please contact advocate@StudentAdvocate-NJ.org or 908-881-5275.
Furthermore, we need to contact the DOE Commissioner, Board of Education and Office of Special Education Programs to call for dates more conducive toward our participation. Their contact information and why we need to take that step follows below.
IDEIA 2004 Coding Changes Implementation Schedule:
First Discussion at NJ DOE BOE: Wednesday, November 2
Election date Tuesday, November 8.
Second Discussion at NJ DOE BOE: Wednesday, December 7
Date not specified for 30-day public comment period (pre-proposal) before December 19.
”Pre-Proposal” (so-called) documents published in the New Jersey Register on
December 19, 2005
Date not specified for 30-day public comment period (post-proposal) after December 19.
First Public Testimony Session: December 21, 2005 (Merry Christmas)
Second Public
Testimony Session: March 15, 2006
Well folks – there you have it. The whole process is to start just 6-days
before the November 8 election date with the first discussion. No details will
be available with any time to analyze and respond in an electoral way (by
holding the current administration responsible if it acts to harm our children
through the changes or rewarding it should it do right by our children) on
election day.
And the first hearing where public testimony is permitted is nearly on the eve of Christmas. I am not assuming that all who are interested in these hearings are Christian or celebratory of Christmas – but the date of that testimony certainly will make it quite difficult to organize a significant presence of an important component of our constituency. I have trouble thinking that scheduling as a coincidence.
Furthermore, the failure of the NJ DOE to call a hearing on a Saturday shows disdain by that agency for the participation of working class parents since it will be nearly impossible to obtain time off from work for most parents.
I agree with Mr. Worthington that we should let the Board of Education know what we think of this latest version of a set up where our input is disregarded:
(609) 984-6024 or in writing at New Jersey Department of Education, Office of the State Board of Education, P.O. Box 500, Trenton, N.J. 08625. Fax (609)984-8422
Write also to Acting Commissioner of Education and Assistant Commissioner(s) of Education, P.O. Box 500, Trenton, N.J. 08625, (609) 292-4469 Fax (609)984-8422
On-line letters: https://www.state.nj.us/njded/parents/contact.htm
CC letters to: Acting Governor Richard Codey E-mail: SenCodey@njleg.org , PO Box 001, Trenton, NJ 08625, Phone: (609) 292-6000 / Fax: (609) 777-2922
While John Worthington has for the second time commented that our concerns about
the dates should be expressed to the Office of the Board of Education instead of
to him and to OSEP Director Barbara Gantwerk, I differ in opinion on that
matter. It is imperative for Mr. Worthington and Ms. Gantwerk to state clearly
and unequivocally to the Acting Commissioner and the Board of Education that
they would want for greater public participation of parents. I would suggest
that you continue to include John Worthington
special.education@doe.state.nj.us and Barbara Gantwerk
Barbara.Gantwerk@doe.state.nj.us . Send them any correspondence that you
send to NJ DOE BOE on this matter.
We should call for the following:
- Publication of the proposed changes at least one month before the election date.
- Immediate public announcements of the dates and publication of the information on the DOE website.
- Immediate specification with precision of the two 30-day comment periods
- Two more public hearings to be added on Saturdays December 10 and March 12 or 18 (or thereabouts).
- The nearly Christmas Eve scheduled hearing of December 21 should clearly be moved to an earlier or later date that also steers clear of New Years Day.
Please feel free to share your correspondence with this regard with us by sending it to Advocate@StudentAdvocate-NJ.org . Please indicate if it is acceptable for us to publish your statements and letters in this regard.
For Our Children,
Bob Witanek
908-881-5275
Advocate@StudentAdvocate-NJ.org
From:
special [mailto:special.education@doe.state.nj.us]
Sent: Wednesday, August 31, 2005
1:37 PM
To: bwitanek@igc.org
Cc: Gantwerk, Barbara
Barbara.Gantwerk@doe.state.nj.us
Subject: RE: N IDEA Hearing Dates
Not Clarified . . . .
Mr. Witanek,
The dates for the regulations have been altered. First discussion will be at the November 2, 2005 State Board of Education meeting. Second discussion will occur at the December 7, 2005 State Board of Education meeting. The pre-proposal documents will be published in the New Jersey Register on December 19, 2005. The proposal level regulations will be discussed at the March 1, 2006 State Board of Education meeting. Public testimony will be on December 21, 2005 and March 15, 2006. There will also be two comment periods, one during pre-proposal, and one after the proposal level documents are published in the NJ Register. Any questions about these dates should be directed to the State Board of Education Office, as that office determines the calendar for the State Board of Education. Thank you,
John Worthington
Coordinator of Policy Development
Below is a letter exchange with John Worthington, Coordinator of Policy
Development for the NJ Department of Education (NJDOE). Mr. Worthington
wrote to Ms. Adrienne Robertiello and Bob Witanek in response to letters that we
sent to the NJDOE calling upon it to hold the public hearings on a Saturday for
maximal parental involvement. Those statements and letters are at these
links:
http://studentadvocate-nj.org/nj_ideia_2004_hearings_Oct5_2005.htm
http://studentadvocate-nj.org/ARobertiello_SatHearingNeeded.htm
We call upon all individuals and organizations to write to Barbara Gantwerk and
John Worthington to call for, request, plead for, demand or however you prefer
to put it - that the public hearings be held on a Saturday as that is the only
way that we can maximize the input from the public.
https://www.state.nj.us/njded/parents/contact.htm
Address letter to:
Barbara Gantwerk, Director,
Office of Special Education Programs
E-mail:
barbara.gantwerk@doe.state.nj.us
DEPARTMENT OF EDUCATION, PO Box 500, TRENTON, NJ 08625-0500
phone: (609)292-0147 / fax: (609)984-8422
William Librera or Acting Commissioner
NJ Commissioner of Education
E-mail: Not currently known
DEPARTMENT OF EDUCATION, PO Box 500, TRENTON, NJ 08625-0500
(609) 292-4469
State Board of Education, New Jersey Department of Education, Office of the
State Board of Education, P.O. Box 500, Trenton, N.J. 08625, (609) 984-6024
CC
letters to:
Acting Governor Richard Codey E-mail:
SenCodey@njleg.org
PO Box 001, Trenton,
NJ 08625
Phone: (609) 292-6000 / Fax: (609) 777-2922
Washington Office:
444 N. Capitol St., NW, Ste. 201, Washington, DC 20001
Phone: (202) 638-0631 / Fax: (202) 638-2296
U.S.
Senator Corzine, 1 Gateway Center, 11th Fl., Newark, NJ 07102, 973-645-3030,
Fax:
(973)
645-0502
Web Link:
http://www.congress.org/congressorg/dbq/officials/?lvl=L
Doug Forrester, c/o
BeneCard Services, Inc.,
168 Franklin Corner Road, Building
2, Suite 201, Lawrenceville, NJ 08648
Phone: 609-219-0400 Fax: 609-219-1788,
talktous@benecard.com
Please include your state
legislators. To find how to contact them, click here:
http://www.congress.org/congressorg/dbq/officials/?lvl=L
Meanwhile, we need to begin preparations to mobilize around the dates announced
both for physical presence at meetings - at rallies outside those meetings, to
send our written input during the comment periods (re-send any letters already
sent and write new ones) - rallies and meetings in our communities (throughout
the months of September through November) and otherwise to beat a steady drum
for our children from now through the end of the year.
Indeed, let us declare this fall, 2005, the
Season of the Special Education Child!
-----Original Message-----
From: Bob Witanek [mailto:bwitanek@igc.org]
Sent: Thursday, August 18, 2005 5:59 PM
To: 'special'
Subject: RE: Hold Hearings on Saturday!
Dear Mr. Worthington,
Thank you for providing an address for redirection of our campaign to move the
hearings to a Saturday for genuine inclusiveness of working class parents in the
decision making process. We will update the website and our broadcasts of this
information with the additional address. However, we will continue to promote
for parents to write letters to your office, the commissioner, the Acting
Governor and to candidates and other office holders. We believe that your
office should concur with our call and should join us in calling for the
meetings to be moved to Saturday. It is imperative that your office make a
genuine effort to include the maximal number of parents in the public hearing
process – not just by announcing dates when letters will be considered “formal”
by you, but by establishing dates for the hearings that are accessible to
working class parents across the state of New Jersey to attend and testify at in
person.
For that reason, we will continue to include your office in our communications on this matter as we are hoping that you share our concern for an inclusive decision making process. We also believe that if your office were to make a case to the Board of Education for the date change – it would be well received and improve the possibility of having inclusive hearings on a Saturday date.
Sincerely,
Bob Witanek
-----Original Message-----
From: special [mailto:special.education@doe.state.nj.us]
Sent: Thursday, August 18, 2005 7:58 AM
To: bwitanek@igc.org
Subject: RE: Hold Hearings on Saturday!
Mr. Witanek,
I informed you previously of the tentative schedule for rulemaking for Chapter 6A:14, Special Education. Your requests to have a public testimony session held on a Saturday must be made to the State Board of Education, not the Office of Special Education Programs. The State Board of Education schedule is developed by the State Board Office, not OSEP. You may contact that office at (609) 984-6024 or in writing at New Jersey Department of Education, Office of the State Board of Education, P.O. Box 500, Trenton, N.J. 08625. Thank you,
John Worthington
Coordinator of Policy Development
Dear Mr.
Worthington,
I am re-sending my letter correcting typos and including the proper address for Barbara Gantwerk.
Thank you for clarification of what is the purpose of the October 5th meeting and for providing more information on the comment period and on when the public hearings on this topic are scheduled and the overall implementation schedule of the changes.
I note the dates of the public hearings as per your letter, November 16, 2005 and January 18, 2006. Both of these dates fall upon Wednesdays suggesting that the points that we raised, about the inability of the vast majority of parents and guardians of 225,000 special education students to participate because the meetings are scheduled during the work week still hold. The point that we made and what is not addressed in your clarification as to when these meetings will occur is that the meeting dates provide an obstacle for parental input.
I hereby reiterate my urging to you to schedule a hearing on a Saturday so that the vast majority of parents and guardians of special education students, who are working class parents with employment responsibilities at the times you are proposing, will at least have an opportunity decide as to whether or not they can get to Trenton and offer their input in person. While the mandated periods for written input during the public comment period will provide opportunity for such written commentary, it is of utmost importance for the NJ DOE to recognize the importance of at least the appearance of having interest in hearing in-person from as large a number of parents as is possible and that can only be accomplished through a Saturday hearing.
As Ms. Robertiello aptly put it:
“Let’s all make the effort – above and beyond our weekly work and family schedules – to come together collaboratively and fairly. In this way, all interested parties can join to work constructively and inclusively on long-term viable solutions.”
The only way to
accomplish this necessary goal is for the public hearings to be held on a
Saturday.
Sincerely,
Sincerely,
Bob Witanek
908-881-5275
-----Original Message-----
From: special [mailto:special.education@doe.state.nj.us]
Sent: Monday, August 15, 2005
11:34 AM
To: robertiello@yahoo.com;
bwitanek@igc.org
Subject: NJ Regulations
Implementing IDEA 2004
Mr. Witanek and Ms. Robertiello,
I am writing in response to your recent e-mails to Barbara Gantwerk in which you object to “hearings” with respect to amendment of New Jersey’s special education regulations being held on October 5, 2005. The October 5, 2005 “hearing” to which you refer is not that. Rather, on October 5, 2005, the New Jersey State Board of Education, at its monthly public meeting, will hold the First Discussion Level of review of amendments to NJAC 6A:14, including amendments to implement IDEA 2004. There will be no public comment or hearing on that date. Opportunities to comment and provide public testimony will be provided after October 5, 2005. These include: the amendments to NJAC 6A:14 are currently scheduled to be published in the New Jersey Register in November for a pre-proposal 30 day public comment period; public testimony before the State Board of Education is currently scheduled for November 16, 2005 and January 18, 2006; and a second public comment period is currently scheduled from February 6, 2006 to March 8, 2006. These comment periods and testimony sessions will allow for input from all interested parties and groups.
In addition, the department has received input at a stakeholder meeting with a variety of parent, advocate, district and provider groups while developing the draft regulations, and has worked closely with the Statewide Special Education Advisory Council while developing the regulations, which includes a majority of parent members. You may also provide informal input through correspondence if you choose to do so, as many parents and others have done over the past several months.
If you have questions with respect to the comment and public testimony schedules, please contact me at (609) 292-0147. Thank you,
John Worthington
Coordinator of Policy Development
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