LETTER SENT TO STATE BOARD OFFICE ON
SPECIAL EDUCATION CODE HEARING PROCESS

The following letter was sent to Diane Sheoner who is Director of the NJ Department of Education State Board Office.  Her e-mail address is diane.shoener@doe.state.nj.us .  It responds to a letter she sent to me through the Office of Special Education on September 28, 2005.  Her letter is below mine.  Anyone wishing to echo my views or to state your own views in letters to diane.shoener@doe.state.nj.us about this process, please be encouraged.

I encourage you to cc: special.education@doe.state.nj.us and Barbara.Gantwerk@doe.state.nj.us in your comments and concerns.

We have united 2000 parents across the state and generated hundreds of letters to the state around our concerns is preparing a campaign to mobilize massive local public comments during the “pre-proposal” public comment period of December 19, 2005 through January 18, 2006.

We are working on a theme for this drive that will excite and mobilize an overwhelming expression from our families from every corner of the state.

This battle for the rights of our children and our rights and their top advocates is far from resolved.

For All of Our Children,

Bob Witanek

On behalf of The Student Advocate Website  http://StudentAdvocate-NJ.org 908-881-5275
Advocate@StudentAdvocate-NJ.org

-----Original Message-----
From: Bob Witanek [mailto:bwitanek@igc.org]
Sent: Saturday, October 08, 2005 9:49 PM
To: 'diane.shoener@doe.state.nj.us'
Subject: Feedback on Special Education Code Changes Comment Period

 

Dear Ms. Shoener,

Thank you for the informative letter which you sent on September 28 regarding pending changes to Special Education code.  Please share this feedback with the board.

On behalf of The Student Advocate Website, which is leading a petition drive around 11 points regarding NJ Special Education Code (see http://StudentAdvocate-NJ.org ), we offer the following comments on the public input process.

The scheduling of a public comment date on December 21, is an inconvenient time for many parents.  It is during a time when many families are involved in holiday preparations.  Also, as we have discussed with OSEP in previous letters, there should be a Saturday date in addition to any weekday hearing scheduled. This way you can hear from parents from families where both parents work or from single working parents who can not make it during the week.  The lack of such a scheduling is in conflict with your statement that the State Board values our input.  Please consider rescheduling the December 21 date and please consider adding a Saturday date that would be accessible to more of our parents.

As far as what you state:

“Although the specific schedule for consideration of each chapter of Administrative Code is not published on the New Jersey Department of Education’s webpage. . . . “

Why not?  Doing so would be an easy way for the Board to demonstrate sincere commitment to regarding public input.  As it is now, the information remains hidden.  You have given it to me but you have not provided it to the public.  Providing those subscriptions of the board schedule to those who like to receive the information in print is fine, but not making the information available at the website is a contradiction to your stated value on public input.  It also stacks the deck since districts have the resources to subscribe to such publications whereas parents are less likely to have the $25 to dispose of.

Please place the information at the state website so that we in the parent and student rights movement can refer interested parties to an authoritative source of this information.  We will make reference for the link you provide (http://www.nj.gov/njded/code )  but that link does not clarify specifically when these important changes to parent and student rights and protections are going to be in question.

Thank you for the postal mailing address that you provide for public comments.  Can you please provide a fax number as well?  Also, please provide an e-mail address.  You also ought to provide a web page form that parents can write their comments into.  If you truly valued the input from parents of 225,000 special education students, you would provide several methods by which parents can provide their input, particularly electronic methods of communication which are so important in this modern age.  

Please reply with the fax and e-mail address by which we will be able to have input as well.  Such information is critical to fully evaluate the rich diversity of public input needed to make the best decisions on these critical decisions that will impact nearly a quarter of a million special education students.  Even the US Department of Education provides an e-mail address and fax numbers to collect public comments.

I look forward to your answers in regard to these concerns.

Sincerely,

Bob Witanek

On behalf of A Parents’Initiative for Every Child’s Education  http://StudentAdvocate-NJ.org 908-881-5275

Advocate@StudentAdvocate-NJ.org

Received on September 28, 2005:

Dear Mr. Witanek:

John Worthington forwarded to me a copy of an email that you sent to the Office of Special Education at the New Jersey Department of Education requesting additional information regarding the readoption with amendments of N.J.A.C. 6A:14, Special Education.   As the person who coordinates the State Board’s review of the Administrative Code, I will do my best to answer your questions and provide as much information to you as possible as it relates to the State Board’s process for rulemaking and opportunity for maximum public input.

The State Board values public input. To that end, the schedule for consideration of regulations is routinely extended to provide for maximum participation. Although a “pre-proposal” is not required as part of the process, this period was added to allow for an additional opportunity for public comment before the draft regulations are published at proposal level in the New Jersey Register. Please know that comments received during the pre-proposal period are fully considered by the State Board during their consideration of the draft regulations. The comment period for the Special Education rules during pre-proposal is a 30-day comment period that will begin on December 19, 2005 and end on January 18, 2006.

At this time, the comment period for proposal level can not be determined because the 2006 New Jersey Register Publication Schedule has not yet been released.  Once it is released, we will provide you with this information. 

Although the specific schedule for consideration of each chapter of Administrative Code is not published on the New Jersey Department of Education’s webpage, the State Board does have an agenda subscribers list.  As an agenda subscriber you receive advanced copies of the State Board meeting agenda prior to each meeting.  This way you would know which items the State Board is discussing each month.  You would also have advanced notice of the items scheduled for public testimony.  As an agenda subscriber, you can receive electronic copies of the agenda at no charge or paper copies for an annual fee of $25.00.  If you would like to become an agenda subscriber, please contact Carla Lewis at the State Board office at 609-984-6024. 

Additionally, the Department maintains a website for the Administrative Code. The web address is http://www.nj.gov/njded/code/.  Administrative Code documents are placed on the website at each level of consideration along with a list of comments from the public on the draft regulations and the department’s responses to those comments. This list of comments and responses will enable interested members of the public to stay abreast of the chapter of code as it progresses through each level of discussion as well as any significant changes to the chapter.

The State Board will begin consideration of the draft amendments to the Special Education Code with First Discussion in November followed by Second Discussion in December.  A Public Testimony session will be held on December 21, 2005.  The Proposal Level consideration of this chapter is scheduled for March 1, 2006.  Again, because the New Jersey Register Publication Schedule is not yet available, I cannot provide either the official date of publication or the date of the comment period.  Adoption level consideration of this code will be scheduled as soon as the publication schedule is released.  Please keep in mind that at anytime during the State Board’s consideration of the Special Education rules, members of the public are invited to provide written testimony to the Members of the State Board.   If you send comments to the Members of the State Board c/o the New Jersey Department of Education, State Board Office Riverview Executive Plaza, Building 100, P.O. Box 500 Trenton, NJ 08625, the State Board office will see to it that they are distributed to the Members of the State Board. Written comments that are submitted to the State Board are considered along with comments that are presented to the State Board during a public testimony session.

For additional information on the State Board’s rulemaking process, please consult the Administrative Code link on the department’s website listed above under title 6A, chapter 6, State Board Rulemaking. I hope this information provides you with the answers to your questions as it relates to the State Board’s rulemaking process and opportunity for public input. 

Sincerely,

Diane Shoener, Director

State Board Office