[IEP_guide] Down syndrome families sue state over placement of kids in classes

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Down syndrome families sue state over placement of

kids in classes

Friday, October 27, 2006

BY JOHN MOONEY

Star-Ledger Staff

Three families of children with Down syndrome have filed a federal

suit against the state Department of Education, saying it has not

done enough to get districts to include such children in mainstream

classes.

The class-action suit, known as Grieco vs. New Jersey Department of

Education, was filed in U.S. District Court in Newark in August and

amended this week.

It is named after a Jefferson Township,

County, family who

brought an unsuccessful complaint against Jefferson

schools before a

state administrative judge and is now pursuing and broadening the

case in federal court.

The plaintiffs, whose children are 6, 9 and 13, are joined by several

prominent state and national advocacy groups, including the National

Down Syndrome Congress.

The plaintiff's lawyer, Hamelsky, yesterday cited New Jersey's

notorious standing as one of the nation's most segregated states when

it comes to special-education students, including those with Down

syndrome.

" These school districts have no idea what to do. They just can't

handle it, " said Hamelsky, a Paramus

attorney. " And there is nothing

at all coming from New Jersey.

.... Not only have they not done

enough, they haven't done anything. "

No hearing date has been set.

New Jersey

has the highest rate of special-education students in

outside schools, and among the lowest rates of those in general

education classrooms for the bulk of the school day. Just 5 percent

of students classified with mental retardation are in mainstream

classes for 80 percent or more of the day, according to state data.

State officials have decried the high rate of students in outside or

segregated settings, and Gov. Jon Corzine this week announced $15

million to help districts provide more in-district programs for

children with autism.

" We understand that New Jersey

continues to have an overreliance on

separate programs, and we have already identified this as an area for

improvement, " said Jon Zlock, spokesman for the Education

Department. " We continue to work on increasing the number of

appropriate in-district placements for students. "

Mooney covers education. He may be reached at

jmooneystarledger or

(973) 392-1548.