Here's another opportunity to act on behalf of children with disabilities to

[Guest guest]

Here's another opportunity to act on behalf of children with disabilities to

remedy how special education is funded in New Jersey!

Please:

1) READ the attached.

2) TAKE the requested ACTION ASAP.

3) FORWARD this E-MAIL to all special education advocay organizations!

Many thanks!

Ruth Deale Lowenkron

on behalf of

The New Jersey Coalition for

Special Education Funding Reform

973-624-1815, ext. 21

973-624-4618 (TDD)

ACTION ALERT

Contact Your State Legislators and Governor

The Issue:

Emergency regulations from the Department of Education

will compromise the IEP process!

The New Jersey Department of Education released a final draft of proposed

fiscal accountability regulations (N.J.A.C. 6A:23A) on November 17, 2008.

The rules describe the role of the new Executive County Superintendent,

giving that office responsibilities and oversight over the IEP process that

could prevent students with disabilities from obtaining appropriate services

and placements. As written, the role of the Executive County Superintendent

in placement decisions undermines the IEP team decision-making process which

is provided by federal law under the Individuals with Disabilities Education

Act, and could move students with disabilities out of appropriate programs

meetings their needs. The State plans to adopt the proposed regulations on

an " emergency basis, " without providing the public an opportunity to

comment.

Action Needed:

Ask Your State Legislators to Demand that the Department

Of Education Retract the Accountability Regulations

Affecting Special Education!

Please call, write or e-mail your State Senator and Assembly Member, other

key Legislators and Governor Jon Corzine and urge them to require the

Department of Education to eliminate the new regulations or, at a minimum,

to hold a public comment period as promised. " Talking Points " and a sample

letter/e-mail are attached.

To contact your state legislator, 1) call 1-800-792-8630, ask for your

legislator's office, or 2) look up your legislator's e-mail and district

contact information at

http://www.njleg.state.nj.us/districts/municipalities.asp or 3) write to

your State Legislator at New Jersey State Legislature, Trenton, New Jersey

08625. Please also contact Senators Codey, Ruiz and and Assembly

Members Cryan, and Voss.

To contact the Governor, 1) call 609-292-6000; or 2) write to Office of the

Governor

PO Box 001, Trenton, NJ 08625.

PLEASE HELP STUDENTS WITH DISABILITIES

RECEIVE A FREE AND APPROPRIATE PUBLIC EDUCATION

SAMPLE LETTER/E-MAIL

December __, 2008

The Honorable Jon Corzine

Office of the Governor

P.O. Box 001

Trenton, NJ 08625

Re: Department of Education proposed accountability regulations,

N.J.A.C. 6A:23A

Dear Governor Corzine:

On November 17, 2008, the Department of Education (DOE) proposed enacting

fiscal accountability regulations, N.J.A.C. 6A:23A, on a emergency basis

that will impact the special education process. Specifically, Subchapter 2

provides the Executive County Superintendent (ECS) a role in determining

placement decisions for students with disabilities. This role directly

conflicts with the Individuals with Disabilities Education Act (IDEA) which

makes placement decision-making exclusively the responsibility of the IEP

team and not a district or county administrator.

In addition, it is my understanding that the ECS' role was created for the

express purpose of ensuring efficiency and cost-effectiveness in educational

decisions. This purpose is in direct conflict with IDEA which does not

allow for these considerations in placement decisions unless there are two

separate programs capable of providing a free appropriate public education

in the least restrictive environment. Allowing the ECS to recommend

placement options and requiring local school districts to justify different

placement decisions can lead to intimidation of the IEP team, result in

great delays in IEP implementation and result in inappropriate placement

decisions.

It is imperative that DOE delete these unlawful provisions. At the very

least, DOE should go through the regular rulemaking process to allow for

public comment of the proposed regulations.

Thank you for your attention to this matter If you have any questions

regarding this matter, please do not hesitate to contact me at [include your

telephone number or e-mail address].

Sincerely,

Your name and address

cc. Your State Senator

Your State Assembly Member

Senator Codey

Senator M. Ruiz

Senator Shirley K.

Assemblyman ph Cryan

Assemblyman ph

Assemblywoman Joan Voss

Fiscal Accountability Regulations

Talking Points

à Proposed Subchapter 2 of the Fiscal Accountability Regulations

allows the Executive County Superintendents (ECS) to review placement

determinations when the local IEP team is considering an out-of-district

placement. The local IEP team must give the ECS the age of the student and

class type needed. The ECS will then provide the IEP team with information

on available in-district placements, and if none are available, information

on a public regional program. There is no requirement to provide

information on private placements. If a local IEP team decides on a

different placement from those recommended by the ECS, a written explanation

justifying the decision must be provided.

à Under IDEA, placement decisions are to be made by the IEP team not

an outside administrator. Authorizing the ECS to recommend placements and

require districts to justify non-recommended placements may intimidate IEP

members from making appropriate placement decisions. This is contrary to

federal law and could lead to increased litigation by parents for

appropriate placements.

à The proposed regulations do not require the ECS to provide

information regarding the entire continuum of placement options.

à Cost-effectiveness and efficiency are not appropriate factors in

determining a child's placement unless two separate placements considered

can provide a free appropriate public education in the least restrictive

environment as required by IDEA.

à In 2007, nearly 23,000 students with disabilities in New Jersey

were placed in out-of- district programs. It will be impossible for the

Executive County Superintendents to review this many requests. The

situation has the potential to cause violations in time line requirements

and defeats the purpose of the new office that is to help ensure efficiency

and cost-effectiveness.

à The ECS may recommend the establishment or expansion of public

regional providers such as special services school districts, educational

services commissions and county child study teams.