RACE, SPECIAL EDUCATION AND THE
EROSION OF THE RIGHTS OF
STUDENTS WITH DISABILITIES
by Bob Witanek
Advocate@StudentAdvocate-NJ.org
http://StudentAdvocate-NJ.org http://APIECENJ.org
908-881-5275
The Individuals with Disabilities Education Act (IDEA ) is the federal law providing Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) for students with disabilities. States write their special education code based upon IDEA and local districts must follow state and federal law. In 2004, IDEIA 2004 – the Individuals with Disabilities Education Improvement Act - was passed eroding the rights of students with disabilities: The new law could make it easier to set aside a child’s disability when considering disciplinary matters, thus making it easier to remove students or force them into the juvenile criminal justice system. Short term objectives, stay put provisions, IEP attendance by regular education teachers, mid year progress reports can all be eliminated. Three-year IEPs, lengthier removal of students to alternative learning environments, a legal statute of limitations and an increase of the age at which transition services need be provided from 14 to 16 could all be implemented.
NJ does not have to follow suit on all of the changes that are part of IDEIA 2004. It can decide to keep its law stronger as per the pre-IDEIA 2004.
As racism impacts public education for all students, it also impacts the provision of special education. A published study found that in NJ, African-Americans are over represented in special education, are much more likely placed in the most restrictive and segregated settings *and* are greatly underrepresented in pre-school special education programs. See: http://www.njddc.org/sep-uneq.htm .
Poverty also impacts
special education. Most parents of students with disabilities experience
challenges in advocating for their child. Those with more money can hire
advocates, independent evaluations, attorneys, additional educational support,
etc. Those options are often unavailable
to middle and lower income folk.
Special education families and their supporters across NJ are beginning to stir
in defense of our rights. A petition initiated by APIECE
http://APIECENJ.org , already with over 600 signatures, is uniting our
communities in support of some of the most vulnerable students in our schools.
For more information, visit our Student Advocate Website
http://StudentAdvocate-NJ.org. Please visit and sign the
petition. Spread the word! Join us in saying: “Hands off the rights of our
children with disabilities – not one step backward for the special needs
students and their families in NJ!”
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