The New Jersey Coalition for Special Education Funding Reform has requested that this information be passed along to special education advocacy organizations and parents of children with special needs.
Many parents contacted our Legislators regarding the Department of Education's "fiscal accountability" regulations. Although the DOE passed the regulations without any input from the disability community, the Legislature heard our comments and has scheduled a panel discussion, which we are being urged to attend. You were heard before and you will be heard again!
Please read about the issue below and the action that we are being asked to take.
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 February 26th legislative panel discussion to ensure that our State Legislators demand that the Department of Education retract the “Fiscal Accountability” regulations affecting students with disabilities!
Please attend the February 26th New Jersey Assembly Education Committee’s panel discussion devoted to the special education provisions of the Education Department’s “Fiscal Accountability” regulations. The hearing is scheduled for 2pm in Community Room 11 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.
Fiscal Accountability Regulations Information:
- The Fiscal Accountability Regulations allow each Executive County Superintendent (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 then provides 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.
- 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.
- The regulations do not require the ECS to provide information regarding the entire continuum of placement options.
- 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.
- 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 ECS to help ensure efficiency and cost-effectiveness.
- 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.
