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Disability Rights NJ; Education Law Center; Statewide Parent Advocacy Network; the Arc of NJ
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NJ had poor performance in the area of LRE ◦ Well below national average for students included 80% or more of the school day ◦ Over 85% of all preschoolers segregated ◦ Significant disproportionate representation of students of color in the most segregated placements ◦ Worst state in the nation with highest rate of out- of-district placement (3x national average)
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Students of color struggling in the classroom are more likely than white students with similar academic & behavioral performance to be: ◦ Identified as having a disability ◦ Identified as having cognitive/intellectual or emotional disabilities (disabilities that have the highest rates of segregation) ◦ Placed in a self-contained class as the first special education placement This over-identification & segregation has devastating consequences Disproportionality
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Decades of research demonstrate that students with disabilities, including significant cognitive disabilities & autism, benefit from inclusion
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Preschoolers with disabilities develop greater speech, physical & social skills, & academic knowledge through interaction with non- disabled peers than in segregated settings Interaction with typically developing peers is more effective in improving communication skills than one-on-one speech therapy provided in segregated settings
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Higher expectations by parents & educators Improved access to the general curriculum Improved language & reading skills Higher grades Higher scores on standardized tests Larger friendship networks Improved attendance Higher self-esteem Higher rates of graduation Higher rates of employment & post-secondary education
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Students without disabilities perform substantially better in reading & math in inclusive settings & demonstrate social & developmental benefits including improved understanding of & relationships with children with disabilities No negative impact on academics for students without disabilities
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Longstanding advocacy efforts ◦ NJ DD Council Education Committee Still Separate & Unequal Report & follow-up reports with data, analysis, & recommendations ◦ NJ DD Council Still Separate & Unequal campaign comparing racial segregation in special education placements with racial segregation prior to Brown v. Board of Education ◦ Efforts to influence NJ DOE via participation in the State Performance Report & Annual Performance Report goal-setting & improvement activities ◦ Multiple meetings with NJ DOE & advocates to come to agreement on needed improvement steps
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Filed lawsuit in 2007 State filed motions to dismiss alleging: ◦ Plaintiffs had not exhausted administrative remedies ◦ Plaintiffs did not have “standing” to bring lawsuit Judge denied motions & allowed case to proceed in 2008-09 NJ DOE appealed, 3 rd Circuit Court of Appeals denied their motion Plaintiff “discovery” efforts included review of student records, parent surveys, consultation with experts; plaintiffs & defendants conducted multiple depositions leading to renewal of discussions Intensive discussions in 2012-2013 Settlement finalized in February, 2014
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PlaintiffsAttorneys Disability Rights NJ Education Law Center Statewide Parent Advocacy Network The Arc of NJ Disability Rights NJ Education Law Center Freeman, Carolla, Reisman, & Grant Lowenstein Sandler Todd Wilson, LLC
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NJ DOE failed to ensure that all students with disabilities, including preschoolers, school- age students, and minorities, were provided FAPE in LRE Children inappropriately & unnecessarily sent to self- contained or more restrictive settings, including out-of-district Children denied in-class aids, services, & accommodations needed to succeed in general education classroom Students with disabilities disproportionately assigned to basements & other less desirable classroom locations
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Identifying NeedsImproving Services LRE Needs Assessment in 76 districts ◦ 9/2014-12/31/2014 ◦ Use of collaboratively- developed protocol On-site monitoring of 76 districts by NJDOE ◦ 10/2015-2/2016; 10/2016-2/2017; end of 3 year settlement period ◦ Use of collaboratively- developed protocol with classroom observations & staff & parent interviews Development of annual Training & TA plans for 76 districts ◦ 3 consecutive years starting 7/15/2015 ◦ At least 4 LRE training &/or TA sessions/year/district (at least 3 hours long each) ◦ Annual topical interactive webinar ◦ Mandatory training for specific staff & inclusion facilitators for non- compliant districts
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Preschool StudentsSchool-Age Students Contracts with preschools Inclusive school climate Analyzing data UDL & Model Curriculum Scaffolds Modified curricula Differentiated instruction Supplemental aids & services Adapted curriculum, instruction, materials Co-teaching models Use of itinerant providers Transportation Facilities planning Design & implementation of appropriate policies & programs Providing support in typical early childhood settings General education supports Inclusive school climate Analyzing data UDL & Model Curriculum Scaffolds Modified curricula Differentiated instruction Supplemental aids & services Adapted curriculum, instruction, materials Co-teaching models Use of itinerant providers Transportation Facilities planning Design & implementation of appropriate policies & programs
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See all Preschool & School- Age topics Additional topics: ◦ Cultural/racial/ethnic awareness, culturally- responsive education, & culturally-competent & non- discriminatory evaluations ◦ Intersection of patterns of race, disability, & Limited English Proficiency ◦ Strategies to address disproportionate placement in more segregated settings
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Survey (Professional Development Evaluation) administered to each individual participant at end of each training & TA session; results shared with Stakeholder Committee within 30 days NJDOE must assess implementation & efficacy of each Annual Training & TA plan, including: ◦ Classroom observations ◦ Review of individual IEPs & other student records ◦ Review of placement data including race/ethnicity ◦ Review of district procedures ◦ Interviews of staff & parents using mandated tool ◦ May include review of lesson presentation & co-teaching methods
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76 districts in 18 counties ◦ 45 preschool(4 non-compliant) ◦ 38 school-age (8 non-compliant) ◦ 10 disproportionality ◦ 3 across all 3 groups; 11 across 2 groups ◦ At least 1 district in every county except: Hunterdon Sussex Warren Represent 25-30% of all students with disabilities in NJ
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Barnegat Township Bayonne Bloomfield Township Bridgewater-Raritan Regional E. Windsor Regional Edison Englewood City Evesham Township Gloucester Township (Camden County) Hackensack Hamilton Township (Mercer County) Hillsborough Township Howell Jackson Township Jefferson Township Jersey City Livingston Manalapan-Englishtown Regional Manchester Township Marlboro Township Monroe Township (Gloucester County) Mount Laurel Mount Olive Township New Brunswick Newark North Bergen Ocean Township (Monmouth County) Passaic City Paulsboro Pittsgrove Plainfield Rahway Randolph Township Rockaway Township Sayreville Stafford Township Trenton Wall Township Washington Township (Gloucester County) West Deptford Township Westfield Woodbridge Township West Orange
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Asbury Park Atlantic City Burlington Township Camden City Carteret Borough East Orange East Windsor Regional Edison Elizabeth Elmwood Park Franklin (Somerset) Garfield Greater Egg Harbor Hackensack Irvington Lakewood Lenape Regional Linden Livingston Middle Township (Cape May County) Morris School District Newark North Brunswick North Plainfield Passaic City Pennsauken Perth Amboy Plainfield Pleasantville Rancocas Valley Regional Roxbury South Orange-Maplewood Trenton Union City (Hudson County) Westwood Regional Willingboro West Orange Woodbridge Township
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East Windsor Regional Elizabeth Jersey City Lakewood Millville Montclair Newark South Orange- Maplewood Toms River Trenton
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All 3 groups: ◦ East Windsor Regional ◦ Newark ◦ Trenton 2 groups: ◦ Edison ◦ Elizabeth ◦ Jersey City ◦ Hackensack ◦ Lakewood ◦ Livingston ◦ Passaic ◦ Plainfield ◦ South Orange- Maplewood ◦ West Orange ◦ Woodbridge Township
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Full-day mandatory LRE training for NJ DOE complaint investigators prior to 2015-2016 school year NJDOE employees with training in inclusive practices & who have experience in providing training & TA on inclusion/LRE (State Inclusion Facilitators) made available to districts State Inclusion Facilitators must reach out to each district at least monthly to offer to provide assistance, including on-site assistance if appropriate, re: LRE Must provide on-site assistance to each designated district that requests it up to combined total of 5 on-site visits multiplied by # of compliant districts Other Settlement Components
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Parental input ◦ NJDOE must contact each SEPAC prior to each district monitoring to offer to talk with random sampling of 20 parents of students representing variety of placements, disabilities, racial/ethnic groups, grades ◦ SEPAC members invited to attend at least 1 training in each district each year
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Review of: ◦ LRE Needs Assessments & written summary of patterns of need ◦ Monitoring reports & placement data ◦ Draft annual Training & TA plans & webinar topics ◦ Evaluations of each LRE training & TA session Recommendations for: ◦ Areas of need ◦ Proposed annual Training & TA plans & webinars Opportunity to attend LRE trainings to which parent advisory groups are invited Stakeholder Committee
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Mary Ciccone, Disability Rights NJ Sue Gottesman, NJ Council on Developmental Disabilities Debra Jennings, Statewide Parent Advocacy Network (SPAN) Paula Lieb, NJ Coalition for Inclusive Education Jerry Petroff, The College of NJ Renay Zamloot, Advocate
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Needs AssessmentsTraining & TA LRE Needs Assessment (9/2014-12/31/2014) NJDOE develops written results of needs assessments & written summary of patterns of need & shares with Stakeholder Committee by 1/15/2015 NJDOE holds meeting with Stakeholder Committee within 21 days to discuss NJDOE must consider feedback & implement as appropriate NJDOE provides draft Annual Training & TA Plan by 3/15/2015 including webinar topic NJDOE holds meeting with Stakeholder Committee within 21 days to discuss NJDOE provides at least 4 training/T A sessions to each district starting on 7/15/15 NJDOE holds topical interactive webinar NJDOE provides Year 2 & 3 Training & TA Plans to Stakeholder Committee by 6/15/16 & 6/15/17
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Annual MonitoringFinal Monitoring NJDOE monitors each identified district between 10/2015-2/2016 to determine LRE compliance NJDOE provides copy of completed monitoring to Stakeholder Committee NJDOE meets with Stakeholders within 21 days to discuss NJDOE monitors each district between 10/2016- 2/2017 (same process) NJDOE completes final monitoring at conclusion of Year 3 Training & TA activities NJDOE provides Stakeholder Committee with final LRE Monitoring Reports within 10 days of issuance Settlement is concluded with NJ DOE submission of final LRE Monitoring Reports to Stakeholder Committee
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Inclusion FacilitatorsComplaint Investigators By 7/2015, NJDOE directs each non-compliant district to designate at least 1 teacher, CST member, or administrator, who is knowledgeable about LRE, to be a resource person for, & provide TA to, other district staff regarding LRE during Settlement period District may contract with experienced LRE/ inclusion expert By 9/1/2015, NJDOE contracts with designated LRE expert to provide full day of mandatory LRE training for complaint investigators
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In covered districts Share information about the settlement with parents & professionals Go to School Board meetings & SEPAC meetings to ask questions about implementation Informally monitor implementation; share concerns with Stakeholders & Plaintiffs Not in covered districts Share information about the settlement with parents & professionals Review the LRE Needs Assessment & Monitoring tools; share with School Board, Superintendent, principal, SEPAC, others for possible use in your district Monitor your district’s LRE data
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Disability Rights NJ ◦ Joe Young, Mary Ciccone or ◦ Ruth Lowenkron ◦ 609-292-9742 Education Law Center ◦ Elizabeth Athos ◦ 973-624-1815 Statewide Parent Advocacy Network (SPAN) ◦ Diana Autin or Debra Jennings ◦ 973-642-8100 x 105 The Arc of NJ ◦ Tom Baffuto ◦ 732-246-2525
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