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.
2 comments:
From: bbchamps
Date: Feb-21
my comments are inserted after each type of incident inside the [ ] . the cherry hill police had zero interest in hearing or seeing any evidence about this child abuse being committed at cherry hill west by joe meloche et al. and indeed said that school policy pre-empts law. in the commission of doing these things to my son, the individuals named are breaking several laws besides the ones noted here. those other laws are found in: the americans with disabilities act, the civil rights act, IDEA, state law ( Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1993, c.308 (C.18A:40-12.3) is amended to read as follows:
C.18A:40-12.3 Self-administration of medication by pupil permitted)
http://www.special-ed-law.com/asthma_law.htm
concerning the self administration of medicine by a student with a life threatening disease with certification from his/her dr that they are able to take care of themselves
New Jersey
Child Abuse and Neglect
Physical Abuse
Citation: Ann. Stat. § 9:6-8.21
Abused child or abused or neglected child means a child under age 18 whose parent, guardian, or other person having custody and control:
Inflicts or allows to be inflicted upon such child physical injury by other than accidental means that causes or creates a substantial risk of death[
In people with diabetes, two conditions associated with very high blood glucose may cause coma; these are diabetic ketoacidosis (DKA) and hyperosmolar hyperglycemic state (HHS).http://www.diabetesselfmanagement.com/articles/Diabetes_Definitions/Coma]
,
serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ.[Few people realize that stable blood sugar levels are one of the most important foundations of sound health. Over time, chronically high or heavily fluctuating blood sugar levels can inflict enormous hidden damage as the excess glucose combines with proteins, collagen, and enzymes, and reacts with cellular DNA. This can trigger serious negative long-term effects that can shave years or even decades off life (Cerami at al., 1987; Gillery et al., 1991).]
Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means [ the administration of cherry hill schools refuses to allow my son to medicate as prescribed by his dr., to wit, 'medicate immediatly without delay', and in accordance with the state law on self medication shown above. the previous statements by me above show the artificial creation of a substantial and ongoing risk of both short term and long term physical injury created by the administration and board of education]
Unreasonably inflicts or allows to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or by any other acts of a similarly serious nature requiring the aid of the court
Child Abuse Prevention and Treatment Act (CAPTA)
- the law (P.L. 93-247) that provides a foundation for a national definition of child abuse and neglect. Reauthorized in October 1996 (P.L. 104-235), it was up for reauthorization at the time of publication. CAPTA defines child abuse and neglect as "at a minimum, any recent act or failure to act [ the board of education has been fully aware of the superintendent campbell and principal moloche ignoring the medical needs and educational needs of my son, contrary to the board of educations policies and the medical treatment plan approved and signed by my sons dr, the school nurse and my wife and i which conform with state laws]on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm."[ these have been fully explained above]
Physical Neglect
Refusal of health care
—the failure to provide or allow needed care in accordance with recommendations of a competent health care professional for a physical injury, illness, medical condition, or impairment.[ they are ignoring my sons dr recommendations. he is the head of endocrinology at cooper hospital]
Other physical neglect
—includes inadequate nutrition, clothing, or hygiene; conspicuous inattention to avoidable hazards in the home; and other forms of reckless disregard of the child's safety and welfare[ again, fully explained above except for how they used to make him go to the nurses office even if he felt a low blood sugar, he arrived to the nurses office with a 48 glucose level, about 20 points under what most type 1 diabetics would pass out at. and again, they are in full knowledge of all the complications that arise from not treating this disease on an as needed basis and immediatly so]
Spotlight on Chronic Neglect
One issue in defining child neglect involves consideration of "incidents" of neglect versus a pattern of behavior that indicates neglect. Susan J. Zuravin, from the University of Maryland at Baltimore School of Social Work, recommends that if some behaviors occur in a "chronic pattern," they should be considered neglectful.7 Examples include lack of supervision, inadequate hygiene, and failure to meet a child's educational needs. This suggests that rather than focusing on individual incidents that may or may not be classified as "neglectful," one should look at an accumulation of incidents that may together constitute neglect. "If CPS focuses only on the immediate allegation before them and not the pattern reflected in multiple referrals, then many neglected children will continue to be inappropriately excluded from the CPS system."8 For example, a family exhibiting a pattern of behavior that may constitute neglect might include frequent reports of not having enough food in the home or keeping older children home from school to watch younger children. In most CPS systems, however, the criteria for identifying neglect focuses on recent, discrete, verifiable incidents.
One study found that many children who had been referred to CPS for neglect did not receive services because their cases did not meet the criteria for "incidents" of neglect. It also found, however, that all of these children had, in fact, suffered severe developmental consequences . In recognition of this issue, the Missouri Division of Family Services (n.d.) has assigned one of its CPS staff as a "Chronic Neglect Specialist." This office defines chronic neglect as "…a persistent pattern of family functioning in which the caregiver has not sustained and/or met the basic needs of the children which results in harm to the child." The focus here is on the "accumulation of harm." CPS and community agencies across the country are recognizing the importance of early intervention and service provision to support families so that neglect does not become chronic or lead to other negative consequences.9
Psychological Maltreatment
Terrorizing
(e.g., threatening violence against a child, placing a child in a recognizably dangerous situation); [ as in, 'may i go to the nurse?' and then taking flights of stairs and walking empty hall ways feeling like he is about to tumble down on his head. ]
Mental health, medical, and educational neglect (e.g., refusing to allow or failing to provide treatment for serious mental health or medical problems, ignoring the need for services for serious educational needs. [REFUSING TO ALLOW THE PRESCRIBED TREATMENT OF A SERIOUS MEDICAL PROBLEM, EDUCATIONAL NEGLECT....I HAVE HAD MY SON SELF TESTING AND MEDICATING, NOT AGAINST SCHOOL POLICY, BUT AGAINST CAMPBELL AND MELOCHE POLICY, SINCE JANUARY RESTART OF SCHOOL. IN MY SONS INTERIM REPORT CARD GRADES WERE A 'D' AND AN 'F'. IN THE 1/2 MARKING PERIOD HE HAD LEFT, HE BROUGHT BOTH THOSE GRADES UP, ONE TO AN 83, THE OTHER TO AN 84, BECAUSE HE STAYED IN CLASS AND KEPT HIS SUGARS IN CHECK BY ADMINISTERING HIS INSULIN AS NEEDED, AS PRESCRIBED BY HIS DR. HIGH BLOOD SUGARS ALSO MADE HIM UNABLE TO PAY ATTENTION IN CLASS. SO HIS CHOICES WERE, STAY IN THE CLASS AND ET NOTHING OUT OF IT, OR, LEAVE CLASS AND GO TO THE NURSE AND.......GET NOTHING OUT OF IT]
HI,
I HAVE LETTER AFTER LETTER FROM MOLACHE AND CAMPBELL WITH LIE AFTER LIE AS TO WHY THEY 'HAVE TO DO IT THIS WAY' AND HOW, 'THIS WILL MEET YOUR SONS MEDICAL NEEDS' WELL, NOT ACCORDING TO HIS DR IT DOESN'T.
LIES THEY HAVE TOLD ME TO MAKE ME REALIZE THAT WHAT THEY ARE DOING IS NECESSARY AND LEGAL.
1) HE CANT TEST HIS BLOOD SUGAR IN THE CLASSROOM BECAUSE OF OSHA BLOOD PATHOGENS LAW......ACTUALLY, As you may know, the Bloodborne Pathogens Standard, 29 CFR 1910.1030, does not apply to the self-administered personal tests by employees or residents of an establishment. An employee who is diabetic, for instance AND OSHA IS FOR EMPLOYEES, NOT STUDENTS
ONCE THIS WAS SHOT DOWN, THE NEW REASON....
2) N.J. BOARD OF EDUCATION GUIDELINES DONT ALLOW SELF TESTING IN THE CLASSROOM.......GUESS WHAT. ANOTHER LIE..............DEPT OF EDUCATION TASK FORCE ON DIABETES IN THE CLASSROOM Recommendations: The Task Force recommends that students be permitted to test blood glucose in school as per their IHP. For students requiring supervision, the blood glucose test should be performed in the nurse’s office and traditional lancets are suitable. For students who are deemed sufficiently responsible, mature, and knowledgeable to perform tests in the classroom, http://www.state.nj.us/education/edsupport/diabetes/
IN MID JANUARY THEY 'ALLOWED' HIM TO TEST IN THE CLASSROOM, SINCE ALL THEIR CRAP WAS FOUND OUT TO BE LIES
3) INSULIN MUST BE KEPT IN THE NURSES OFFICE AS PER DEA.......LIE........I CALLED THE DEA, THEY DONT GIVE EVEN THE TINIEST OF CRAP ABOUT INSULIN
4) ALL MEDICATION MUST BE KEPT IN THE NURSES OFFICE....LIE.......UNLESS OF COURSE YOU HAVE TAKEN ADVANTAGE OF THE N.J. LAW SHOWN AT THE TOP OF THIS LETTER AND SIGNED OFF BY HIS PHYSICIAN, US, HIS DR, AND THE SCHOOL REPRESENTITIVE...THE NURSE, ALONG WITH ALL SIGNED RELEASES OF LIABILITY
5) MY SONS DR SAID HE HAD TO GO TO THE NURSE ONLY ONCE A DAY TO CHECK HIS BLOOD SUGAR AND GET ONLY ONE SHOT A DAY WHILE THERE ACCORDING TO THEM.....LIE, AND A LAUGHABLE ONE AT THAT..................... I HAVE HIS DR'S ORDERS TO THE SCHOOL, I GOT THEM FROMMMMMM THE SCHOOL!!!! THEY ARE 3 PAGES LONG AND SAY MUCH MORE THAN THAT, LIKE WHENEVER HE FEELS HE NEEDS TO CHECK HIMSELF AND THEN MEDICATE OR EAT DEPENDING UPON THE OUTCOME.
6) HE IS NOT ALLOWED TO CARRY MEDICINE IN THE SCHOOL..........LIE..........AGAIN THE LAW ABOVE. THERE ARE ALSO OTHER KIDS CARRYING MEDICATION WITH THAT LAW BEHIND THEM. NOT ONLY DIABETICS, BUT ASTHMATICS TOO. MORE ON THAT LATER.
7) NOT ALLOWED TO MEDICATE WITHOUT NURSE SUPERVISION........, AGAINNNNNN LIE AND AGAINNNNN THE LAW ABOVE........THE ASTHMATICS HAVE INHALERS WITH DEA CONTROLLED SUBSTANCES IN THEM AND EPIPENS WITH MORE OF THE SAME AND A NEEDLE TO INJECT IT WITH IF THEY NEED TO. THE DIABETICS HAVE INSULIN PUMPS THAT GIVE A CONTINUAL FEED OF INSULIN TO THEM ALL DAY LONG AND ARE ATTACHED TO THEIR BODY BY....GUESS HERE.....A NEEDLE, WHICH IF IT COMES OUT HAS NO PROTECTIVE COVERING ON IT. MY SONS INSULIN PEN HAS 3 PROTECTIVE COVERINGS THAT WOULD NEED TO BE REMOVED TO MAKE IT A DANGER TO ANY ONE ELSE. IT'S NEEDLE POINT IS 5/16 OF AN INCH LONG AND SO THIN HE DOES NOT EVEN GET A DOT OF BLOOD WHEN HE INJECTS WITH IT. HIS INSULIN DOES NOT NEED REFRIDGERATION.
THERE ARE MORE, BUT I AM SURE YOU GET MY POINT. THE OFFICE OF CIVIL RIGHTS GOT IT, IT IS CASE NUMBERED AND BEING INVESTIGATED BY THEM. MR MOLOCHE HAS RECEIVED THE OFFICE OF CIVIL RIGHTS LAW AGAINST REPRISAL AND INTIMIDATION AGAINST ANY ONE INVOLVED IN OR WITNESS TO AN ACTION THAT IS BEING INVESTIGATED BY THE OFFICE OF CIVIL RIGHTS.I SENT IT TO HIM VIA EMAIL, AND HE WAS GIVEN A COPY VIA HAND DELIVERY BY ME. IT PROTECTS THOSE PEOPLE FROM DISCIPLANARY ACTIONS WHILE DOING WHAT THEY CONSIDER, AND THE OCR SINCE THEY HAVE TAKEN THE CASE, THAT WHICH IS WITHIN THEIR INDIVIDUAL RIGHT TO DO. MR MOLOCHE HAS NOT ABIDED BY THIS LAW. MY SON MEDICATED HIMSELF WHERE AND WHEN NECESSARY AND WAS GIVEN, AFTER BEING WARNED (THREATENED) WITH ACTION SHOULD HE DO SO, 2 DAYS DETENTION.
I WANT TO FILE CRIMINAL CHARGES of child abuse, neglect, terrorism and physical abuse.AGAINST THE FOLLOWING PEOPLE:
Dr. David C. Campbell
Joseph N. Meloche
James Gallagher
Sharon Giaccio, President
(856) 751-1312
sharongiaccio@chclc.org
Lisa Conn, Vice President
(856) 216-1466
lisaconn@chclc.org
Eric Goodwin
(856) 986-6456
ericgoodwin@chclc.org
Kenneth Hartman
(856) 489-8679
kenhartman@chclc.org
Kathy Judge
(856) 857-1856
kathyjudge@chclc.org
Seth Klukoff
(856) 482-1448
Cell: (609) 636-1651
sethklukoff@chclc.org
Steven Robbins
(856) 489-9217
stevenrobbins@chclc.org
Elliott Roth
elliottroth@chclc.org
Robert Russo
(856) 424-2155
robertrusso@chclc.org
I HAVE NOW RECEIVED A LETTER FROM THE NJ DOE STATING THAT THERE IS NO REGULATION,LAW,RULE CODE THAT REQUIRES STUDENTS CERTIFIED TO ADMINISTER THEIR OWN MEDICATION TO DO SO IN THE PRESENCE OF OR AT THE NURSES OFFICE. MORE LIES FROM THE CORRUPT ADMINISTRATION AT CHERRY HILL WEST. I AM SICK OF IT. A 2MILLION DOLLAR LAWSUIT IS BEING PREPARED AGAINST THEM. THEY SHOULD ALL BE FIRED.
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