urgent help needed

[Guest guest]

Your help is again needed to act on behalf of children with disabilities in

New Jersey and safeguard the IEP process!

The Joint Committee on the Public Schools, consisting of members of both the

Senate and Assembly Education Committees, has scheduled a hearing regarding

the special education provisions of the Department of Education " Fiscal

Accountability " regulations, which we urge you to attend.

Please:

1) READ the attached action alert and " talking points. "

2) TAKE the requested ACTION of attending the APRIL 16TH hearing of the

JOINT COMMITTEE ON THE PUBLIC SCHOOLS.

3) FORWARD this E-MAIL to all special education advocacy 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

Attend the April 16th Meeting of the

Senate-Assembly Joint Committee on the Public Schools

The Issue:

Emergency regulations from the Department of Education

are compromising the IEP process!

The New Jersey Department of Education finalized " fiscal accountability "

regulations (N.J.A.C. 6A:23A) on December 18, 2008, without providing the

public an opportunity to comment. The regulations authorize the offices of

the executive county superintendents to intervene in the IEP process, and

this is already causing students with disabilities to be deprived of timely

and appropriate services and placements.

Action Needed:

Attend the April 16th Meeting of the Senate-Assembly

Joint Committee on the Public Schools to Ensure that

Our State Legislators Demand that the Department

of Education Retract the " Fiscal Accountability " Regulations

Affecting Students with Disabilities!

Please attend the April 16th meeting of the Senate-Assembly Joint Committee

on the Public Schools which is devoted to the special education provisions

of the Education Department's " Fiscal Accountability " regulations. If you

would like to provide the Committee with testimony, see the attached

" talking points " . Even if you do not want to testify, your attendance at

the hearing is critical. The hearing is scheduled for 11am in Committee

Room 6 of the Statehouse Annex in Trenton. Directions via car and public

transportation can be found at

http://www.njleg.state.nj.us/legislativepub/directions.asp.

Let the Legislature, the Governor and the Department of Education know that

you will not allow these regulations to deny students with disabilities an

appropriate education.

PLEASE HELP STUDENTS WITH DISABILITIES

RECEIVE A FREE AND APPROPRIATE PUBLIC EDUCATION!

Fiscal Accountability Regulations

" Talking Points "

à The Fiscal Accountability Regulations mandate that each Executive

County Superintendent (ECS) 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

then provides the IEP team with information on available placements in other

school districts, and if none are available, information on public regional

programs. 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, and increased special education costs.

à The regulations do not require the ECS to provide information

regarding the entire continuum of placement options.

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

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

ECS to review this many requests. The situation has the potential to cause

violations in time line requirements and defeats the purpose of the ECS 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, which will result in more

district failures to comply with the special education law's " least

restrictive environment " mandate.