SPECIAL EDUCATION REVIEW COMMISSION

April 10, 2007

The Honorable Jon S. Corzine

Office of the Governor
PO Box 001
Trenton, NJ 08625

Dear Governor Corzine,

The Special Education Review Commission was formed in late July, 2006, to address the issues put forth in P.L. 2005, Chapter 339 (January 12, 2006).  The Commissioners elected .Joyce Powell, NJEA President, as Chair and Art Ball, Director of Government Affairs for COSAC, as Vice Chair.  Two sub committees were formed; one to address the issues of funding and costs and the other to address the quality and delivery of services.

The Commissioners believe the issues brought forth in this Legislative Act, sponsored by Senators John Adler and Shirley Turner and Assemblymen Craig Stanley and Joseph Vas, have been addressed.

COMMISSIONERS:

Joyce Powell, Chair, NJEA President (Special Education Department Chair VHS 11/12, Vineland Public Schools)

Art Ball, Vice Chair, Director of Government Relations, New Jersey Center for Outreach and Services for the Autism Community – Public Member

Joan M. Applebaum, Public Member

Diana MTK Autin, Co Executive Director, Statewide Parent Advocacy Network (SPAN)

Maureen Babula, New Jersey Council on Developmental Disabilities

Marilyn Barbire, Public Member

Raymond J. Brosel, Jr., Superintendent, Voorhees Township Public Schools--Public Member

Marianne Chletsos, New Jersey Principals and Supervisors Association, Director of Special Services, Kittatinny Regional School District

George V. Corwell, New Jersey Department of Education Advisory Council on Nonpublic Schools, New Jersey Catholic Conference

Allison Eck, Esq., designee of Stuart Rabner, Attorney General

Dr. Ellen Claire Frede, Professor, The College of New Jersey – Public Member

Sue Ann Goldman, New Jersey Speech-Language Hearing Association

Blanche E. Harris, Supervisor, Passaic City Schools – Public Member

Dr. Marjorie F. Heller, Garden State Coalition

Senator Ellen Karcher

Carol Kaufman, designee of Lucille E. Davy, Commissioner of Education

Donna M. Kaye, Esq., New Jersey School Boards Association

Frederick Keating, Superintendent, Gloucester County Special Services School District – Public Member

Stephanie Kramer, The ARC of New Jersey

Assemblywoman Pamela Lampitt

Dr. Steven Morse, ASAH (private schools and agencies for students with disabilities)

Ari Daniel Ne’eman, Public Member

Philip Nisonoff, New Jersey Association of School Business Officials

Gloria Rodriguez, designee of Dr. Fred M. Jacobs, Commissioner of Health and Senior Services

Chris Sarandoulias, Council of Private Schools for Children with Special Needs

Bill Sellar, New Jersey Parent-Teacher Association

Dr. Richard Shain, New Jersey Association of School Administrators, Director of Special Services, Millville Public Schools

Debra Stewart, designee of Kevin M. Ryan, Commissioner of Children and Families

I am pleased to present to you the report of the Special Education Review Commission.

Sincerely,

Joyce Powell, Chair

Special Education Review Commission

cc:        Senator John Adler

            Senator Shirley Turner

            Assemblyman Craig Stanley

            Assemblyman Joseph Vas

            Commissioner of Education Lucille Davy

Table of Contents

Executive Summary                                                                    4 - 19

Report of the Special Education Review Commission             20 - 53

Minority Report                                                                        54 - 56

Glossary                                                                                              57 - 61

Appendix                                                                                   62 - 72 

(for the full report , go to the GSCS link for Special Education Issues, etc., on the home page sidebar)

Executive Summary

In the language of the law creating this Special Education Review Commission, the Governor and Legislature charged the Commission with:

• reviewing the delivery, quality, and cost of special education services in New Jersey;
• studying the issues associated with the delivery, quality, cost, and funding of special education services for New Jersey students; and
• assessing ways to improve access to available services, reducing duplications of effort, and creating new programming to meet needs not currently being met.

The Commission was authorized to consist of 30 members representing various school, professional and parent organizations, State agencies, and members of the public, including individuals with disabilities and parents of children with disabilities. All participating members have expertise in the area of special education in the State of New Jersey.  The Commissioners first met on July 28, 2006 and continued to meet bi-monthly from August through January. A public hearing was held on October 17, 2006 to gain further input on special education issues.  Individuals were also invited to submit written testimony prior to the hearing.  Additional public hearings to review the initial recommendations by the Commission are scheduled for January 22 & 23, 2007.

The Commission reviewed the following issues:

• the findings and recommendations of the legislatively-established Special Education Task Force report of 1995;
• the clear philosophical shift at the federal level with regard to special education services;
• the reality of growing budget deficits and large debt service within our state budget;
• the current federal, state, and local sources of funding for special education;
• the disproportionate representation of minority students in special education and gifted and talented programs;
• the particular needs of our Gifted and Talented disabled students;
• the current organizational structure within NJ school districts regarding general and special education services;
• the Response to Intervention and early intervening services currently available;
• the full continuum of placement options currently afforded all students;
• the current system to resolve disputes and litigation;
• the process of preparing students for a work environment.

Recommendations from the Report of the New Jersey Legislative Task Force on Special Education, December 22, 1995

1.      The Commission notes and supports the recommendation of the 1995 Task Force that fiscal reporting requirements be made consistent across placements to allow for an accurate determination of special education costs on a per pupil basis.

2.      The Commission notes and supports the recommendation of the 1995 Task Force that state aid consist of a dedicated flat grant to districts based on total district enrollment.  The purpose of such a grant is to enhance the general education program, be responsive to the individual needs of a diverse student body, provide pre-referral intervention services; reimburse for actual special education costs (except for a percentage of local contribution designed to promote cost containment and local accountability) and payment of extraordinary costs.

3.      The Commission reiterates the recommendations of the 1995 Task Force regarding transportation, including the recommendation that the New Jersey Department of Education (NJ DOE) examine the benefits of regionalized purchasing of transportation services to reduce costs.

4.      The Commission supports the 1995 Task Force recommendation that a statewide network be developed to allow public and private education agencies to purchase and share equipment.  The Commission recommends that the Legislature increase opportunities and provide incentives for districts and out-of-district public and private schools to share equipment and assistive technology.  The Commission recommends that support be provided to NJ DOE’s proposed project to establish an equipment/assistive technology (AT) resource that would disseminate information about existing loan and recirculation equipment and AT centers.  In addition this project will provide training, technical assistance, and a lending library.

5.      The Commission supports the 1995 Task Force which recommended that the Legislature require the NJ DOE to research incentives and code changes that are likely to result in an increased supply of related service providers.  Options to explore could include up-front State funding to universities to implement new programs/expand existing programs; instruction in occupational therapy (OT), physical therapy (PT), and speech-language pathology; student loan programs; and student loan-forgiveness upon completion of a specified number of years of actual public school service. 

The Commission recognizes the work of the NJ DOE regarding the implementation of the recommendations of the 1995 Task Force.

2006 Special Session Joint Legislative Committee on Public School Funding Recommendations

1.      The Commission supports the Joint Legislative Committee’s Recommendation 9 to continue funding for county vocational school aid and transportation aid, but to update cost factors to reflect inflation.  However, The Commission urges the Legislature to take further action on these issues.

2.      The Commission strongly supports the Joint Legislative Committee’s Recommendation 18 calling for the enactment of legislation to facilitate more efficient and effective general education pre-identification services to reduce the rate of [inappropriate] special education classification.  The Commission further recommends that such legislation specify a base amount of funding to each district for those services.

3.      The Commission endorses the Joint Legislative Committee’s Recommendation 19 to promote the inclusion [with appropriate supports and services] of special education students in local school district programs through proposed changes to the school construction law.  This would expand capacity in local districts, including requiring districts to consider students who are out of district before building public schools.  The Commission further recommends expansion of the New Jersey Department of Education’s (NJ DOE) authority to approve, prior to bonding, all applications for buildings solely serving students with disabilities resulting in standards consistent with those of public schools.

4.      The Commission supports the Joint Legislative Committee’s Recommendation 20 to promote greater coordination of special education services available in local districts at the county level.  However, the Commission notes that this coordination will require additional resources and expertise at the county level to make it successful.

5.      The Commission also endorses the Joint Legislative Committee’s recommendation 20 that the county office serve as a liaison to facilitate shared special education services [when appropriate] within the county, including but not limited to direct services (e.g., specialized evaluations, related service providers, nursing services, counseling services), personnel development, and technical assistance. In addition the Commission endorses the recommendation for the county office to work with districts to develop in-district programs and services and to facilitate training from facilitators with expertise in inclusive education, positive behavior supports, transition to adult life, and parent/professional collaboration. 

6.      The Commission endorses the Joint Legislative Committee’s Recommendation 21 to require the Commissioner of Education to establish a consistent tuition structure for out-of-district placements and an advisory group to review and make recommendations.  Further, the Commission recommends that the Legislature reexamine the model for providing funds for non-public programs (IDEA funds and chapter 193 funds) and direct the Commissioner of Education to implement strategies to improve communication and collaboration between the public and non-public schools with regard to fund allocation and provision of services.

7.      The Commission supports the Joint Legislative Committee’s Recommendation 22 to reduce the use of due process hearing and litigation to resolve special education disputes.  The Commission further recommends increased training and technical assistance regarding effective conflict resolution mechanisms and approaches.

8.      The Commission strongly endorses the Joint Legislative Committee’s Recommendation 23 to continue the funding of extraordinary special education costs.  The Commission supports continued funding for extraordinary aid for all instructional and support costs directly attributable to the services provided to any student with a disability whose special education costs exceed $40,000 per year.  The Commission further recommends that the Legislature fully fund the statutory provisions for extraordinary aid and oppose the proposed increase in the $40,000 threshold level for extraordinary aid eligibility.

9.      The Commission neither supports nor opposes the Joint Legislative Committee’s Recommendation 24 that the funding formula include a revenue cap (maximum permitted net budget).  However, if such a “cap” is instituted, the Commission strongly recommends that special education costs be outside the revenue cap requirement; if this recommendation is not accepted, the Commission recommends that the Legislature at least maintain the status quo (excess of $40,000 excluded from “cap”).

10.   The Commission strongly supports the Joint Legislative Committee’s Recommendation 27 for state support for high-quality preschool for all children in district factor groups A&B and for children who qualify for free and reduced price meals in all other districts. This will encourage districts to establish preschool general education programs that can include children with disabilities

Information in brackets [ ] indicates language added by the Commission.

Recommendations of the Special Education Review Commission

Training/Professional Development

1.      Training of administrators, special educators, general educators, parents and related service personnel must occur in the following areas: 

·      New Jersey Administrative Code 6A:14 and IDEA(2004);

·      IEP development and implementation;

·      Steps to promote self-advocacy;

·      Understanding effective collaboration;

·      Understanding of the terms “free appropriate public education” in the “least restrictive environment”;

·      Availability and use of Assistive Technology (AT);

·      Various disabilities and their characteristics;

·      Intervention and Referral Services and Structured Learning Experiences;

·      Differentiated instruction;

·      Disproportionate representation of minority students in special and gifted education;

·      The theory of learning preferences (i.e., visual, auditory, kinesthetic);

·      Literacy training;

·      Understanding of parent and student perspectives on all aspects of special education;

·      Positive Behavioral Supports;

·      Transition to Adult Life;

·      Availability of community resources.

a.    Every district must establish a policy for training and must include parent input.  There must be on-going, job-embedded professional development and identification of best practices.  Training also must use research-based interventions and strategies that facilitate literacy skills. 

b.    The establishment of school-based literacy teams should be encouraged.  All educators, special educators and support personnel and general educators, should be encouraged to undergo literacy training. 

2.      Teacher preparation courses should include training in special education teaching strategies and special education teachers should be required to take a language development course.  All educators must be trained in provision of effective direct instruction, differentiated instruction, and should be trained in the utilization of effective literacy techniques. 

3.      The New Jersey Department of Education (NJ DOE) must assess the need for related-service providers in all New Jersey schools and develop a plan to help fill the need for these professionals within school districts and non-public schools.

4.      Incentives should be provided to state institutions of higher education to establish the required undergraduate and/or graduate programs as needed for Occupational Therapist, Physical Therapist and Speech-Language Pathologist certifications/licensures in order to prepare more professionals to meet the increasing demand.  The state should consider these needs when applying for grants. 

5.      The NJ DOE should enhance a system of reciprocity with regard to accepting certifications from other states for various related-services providers without compromising the educational requirements for those positions or the quality of the services provided. 

Reallocation of Resources/Early Intervening Services

6.      Districts must enhance strategies for delivering related services to students within the least restrictive environment (LRE).  Availability of services must not drive the location of the services.

7.      To the maximum extent appropriate, districts should be encouraged to provide more effective programs in general education classes to students with disabilities.  Ongoing trainings for special education, general education, and related services providers should occur to facilitate appropriate/collaborative instruction in the least restrictive environment (LRE), as well as the use of research-based programs and techniques. 

8.      Shared resources may be used by districts to facilitate delivery of appropriate services within an inclusive setting, and whenever appropriate within the home schools of students.  When shared resources are used, districts must use appropriate evidence and/or research-based practices.

9.      The NJ DOE must ensure that sufficient consultation and planning time (as mandated in IDEA and the N.J.A.C. 6A:14) is provided in order to allow for meaningful instructional coordination between general education teachers and special education support staff.

10.  The roles of child study teams, special education teachers, speech-language specialists, and other related service providers’ should be enhanced to participate in Early Intervening Service (EIS) and Response to Intervention (RTI) models. In addition, school districts should be monitored for effective use of EIS and RTI to reduce referrals for special education. 

·      EIS and RTI should be encouraged for use by the NJ DOE.  Workshops, trainings, and consultation should be available when selecting research-based reading programs that utilize small group instruction and designing meaningful interventions.

To address the disproportionate representation of minority students in special education and gifted and talented programs:

11.  Early Intervening Services (EIS) and Response to Intervention (RtI) as noted in recommendation 10 above will be particularly useful and must be significantly encouraged to reduce inappropriate referrals and the disproportionate representation of minority students in special education.

12.  A state advisory panel should be convened to design the collection of state representative longitudinal data that would allow for a more informed study of the disproportionate representation of minority students in special education and gifted and talented programs. This research should also focus on closing the achievement gap and the under and over representation of minorities.

13.  The NJ DOE must assure the provision of multiculturalism/cultural competencies  in pre-service coursework, practicum experience, and opportunities for professional development as a vital component of accreditation programs and district professional development plans in order to prepare teachers and related service providers to deliver culturally responsive instruction.  More specifically, teachers and related service providers should be familiar with the beliefs, values, cultural practices, discourse styles, and other features of students’ lives relative to their culture and environment that may have an impact on classroom participation and success.  This information should be used when designing instruction.

14.  The NJ DOE, in collaboration with the Division of Children’s Behavioral Health Services of the Department of Children and Families (DCF), should initiate a Task Force with representatives from local education agencies to review existing research to determine if a large-scale pilot program to test the plausibility and productivity of positive universal behavior management interventions, early behavior screening, and techniques to work with children at risk for behavior problems is necessary to reduce inappropriate referrals and over identification of minority students for special education services.

15.  The NJ DOE must assure students are evaluated in the language or form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally and that an assessment of the language needs of a child with limited English proficiency is conducted. 

·      The NJ DOE should continually update the list of individuals qualified to conduct assessments in various languages and disseminate this information to local school districts.

·      The NJ DOE must assure local Child Study Team members are properly trained in identifying language needs of limited English proficient students.

16.  The NJ DOE should analyze classification patterns and data collected from EIS and RTI to determine if the “Child Find” requirements of IDEA are being fully implemented.  A variety of therapeutic models should be considered for classified students, including individual and small group therapy, as well as consultative and integrated therapy.  EIS should be used to support teachers from a variety of subjects and related service areas to work together to make such services meaningful and effective. 

·      Both pre-service and in-service training models must provide teachers with the techniques to work in collaborative and/or consultative teaching settings.  These models can focus on EIS and RTI. All members of the staff should be trained in literacy and positive behavioral techniques as well as other needs that surface as an EIS model emerges.  Collection of data will provide teachers with the experience necessary to develop appropriate, measurable goals and objectives.

Parent Rights/Training

17.  Every school district, working with their state-mandated Special Education Parent Advisory Group, should create a Parent Training Program.  The NJ DOE must develop the guidelines for parent training within the special education system. 

Program/Capacity Building

18.  Long-range Facility Plans must ensure that necessary space is available to provide needed services.  In addition, the appropriate office within the NJ DOE, in consultation with the Office of Special Education Programs (OSEP), must approve all Long-Range Facility plans by districts to ensure that the long-term needs of students with disabilities and future demographic trends are considered.

Accountability

19.  The NJ DOE must ensure continuity of services including evaluation of students referred for services and the development of Individualized Education Programs (IEP) on a 12-month basis.

20.  The NJ DOE must ensure a stronger connection between general and special education during the monitoring process.

21.  School districts should be required to perform a comprehensive annual review of district data in the Special Education Performance Plan, and Strategic Plans should be in place within districts, as appropriate, to address areas requiring improvement.  In addition, school districts should be required to conduct follow-up surveys to collect data on the post secondary outcomes of students.  This data should be used in the evaluation and ongoing improvement of programs and services.

22.  The NJ DOE must investigate the use of the Alternate Proficiency Assessment (APA) to determine if students are appropriately selected to participate in the APA.  The state must also review and revise the APA process and support its implementation.

23.  The NJ DOE must expedite the implementation of the statewide student database.  The database will enable the state to create an assessment system that will measure annual student growth as well as grade level performance on the NCLB assessments.  The NJ DOE must develop a task force to study student achievement and accountability measures and means including the use of a growth model for annual yearly progress (AYP) passage.

24.  The Commission recommends a study of districts that have made AYP progress for pupils with disabilities to determine successful strategies that have been implemented. The DOE should develop a clearinghouse for sharing and disseminating this information with districts.

Gifted/Talented Students with Disabilities

25.  The NJ DOE must require each district to create a written plan for accommodating students with disabilities in gifted education and include it in the general Gifted and Talented program mandate.  This written plan must be available on request for inspection by students, parents, administrators or state officials.

·      Districts must modify existing Gifted and Talented programs to be skill-specific.  Entry into gifted programming in any particular topic area should be based upon demonstrated ability in an assessment geared toward that area, rather than single assessment determining access to gifted education in all topic areas. Reasonable accommodations must be allowed. 

·      Schools should be required to develop nonverbal intellectual measures for identification of gifts in students with disabilities.  Child Find programs should be modified to assess for gifts as well as disabilities and to apply both standard- and alternative-giftedness identification criteria when assessing students with disabilities.

·      Terminology for all students with gifts and/or disabilities should be adjusted to reflect the skill-specific nature of both gifts and disabilities.  This should apply to general education students as well.

26.  Both the IEP and Transition Plans should include a section noting student gifts, skills, and/or interests to facilitate the best structure of the student’s IEP to promote those gifts or skills, with a particular focus on their application for future transition to a post-secondary environment.

·      Students with disabilities and gifts should have goals associated with gifted education needs incorporated into the IEP process. Transition Plans should contain goals that address the need for advanced placement and honors coursework.

·      Extracurricular activities should be incorporated into the IEP and transition discussions. All requirements to make reasonable accommodations for students with disabilities shall be applicable to extracurricular activities as well as the general education curriculum.

·      Opportunities for self-directed learning should be provided for students with disabilities and gifts, focusing on an increase in the proportion of students with IEPs taking Advanced Placement assessments or dual enrollment courses for academic credit in higher education.

27.  To assess state progress on improving access to gifted education for students with disabilities, the NJ DOE should collect and publish data on the proportion of students in Gifted and Talented programs and/or Honors/Advanced Placement courses with IEPs, and the proportion of students with IEPs in Gifted and Talented programs and/or Honors/Advanced Placement courses.  The Statewide Special Education Advisory Council (SSEAC) should investigate the issue of gifted and disabled students and advise the NJ DOE on ways to increase successful implementation by school districts. 

Postsecondary Transition

28.  Options for exposing students to work environments while still in high school, including service learning, structured learning experiences, internships, co-op and vocational education programs must be made available to students with disabilities wherever possible. In addition, special effort should be made for students who are interested in work directly after high school to provide opportunities for work-based learning.  Each district should note service learning and internship opportunities through credit or transcript recognition for all students. 

29.  Districts must work to ensure that students with disabilities are afforded full access to guidance counseling and other services available in general education and to any other transition services geared specifically toward students with disabilities.   Wherever possible each district must work to provide access to higher education, employment opportunities, and day programming, as appropriate, for students with disabilities.

30.  The Legislature and the Department of Higher Education should provide incentives for and identify and remove obstacles to the attendance at college by students with disabilities.  Community colleges and other institutions of higher education should be encouraged to offer opportunities for adults with disabilities to continue their education through course offerings which address their continuing education and academic needs.  There should additionally be more collaboration between districts and community colleges to provide greater opportunities for students with disabilities to transition into college programs.

31.  The Legislature and relevant departments should establish mechanisms to improve cooperation and communication between the various state agencies that serve adults with disabilities.  Districts and agencies must collaborate to provide services to educate students with disabilities regarding the different agencies that provide services to individuals with disabilities, i.e. Division of Developmental Disabilities (DDD) and the Division of Vocational Rehabilitation Services (DVRS).  

32.  Self-awareness goals should be incorporated into students’ IEP, as appropriate, to facilitate self-advocacy and effective transition into post-secondary life.  Each district should implement existing processes for a Structured Learning Experience (work-based learning) and develop a mechanism for documenting such experiences through school credits or transcript notation.

33.  Students who benefit from assistive technology (AT) while in school should be offered training in the use and maintenance of AT. Districts should provide information to parents on how to obtain AT devices following graduation.

34.  Districts should make training available for students and parents to ensure that they are informed about transition services and that best practices are followed.

Age Three Transition

35.  The Department of Health and Senior Services (DHSS) must ensure that transition planning is implemented for each child and family according to Part C requirements. The specific set of activities that must occur, include: (1) identification of steps to be taken to prepare the child for service changes and a new setting, (2) preparation of the family (i.e., discussions, training, visitations), and (3) determination of other programs and services for which a child might be eligible.

·      Appropriate monitoring (conducted by the DHSS and the NJ DOE) is an essential component of every individualized family service plan (IFSP) to assure quality and effectiveness of the transition plan. The scheduling of a meeting, with approval of the family, among the lead agency, the educational agency, and the family must occur, at least 90 days prior to the child’s third birthday. 

36.  Transition of children who are not eligible for special education as a preschool child with a disability must include making reasonable efforts to convene a meeting to assist families in obtaining other appropriate community-based services.

·      The transition planning conference should be included in this initial meeting and should also include a review of the child’s program options for the period from the child’s third birthday through the remainder of the school year and any need for an extended school year.

·      The monitoring process should encompass the quality of the steps to help the child adjust to and function in a new setting, including the requirement that IFSPs include steps for discussions with, and training of, parents regarding future placements and other matters related to the child’s transition.

37.  Transition further could be strengthened by the following:

·      disseminate the transition procedures outlined in DHSS and NJ DOE Interagency Agreements;

·      identify and disseminate the local contacts responsible for transition in the Part C and Part B systems;

·      share outcomes of monitoring visits;

·      establish a tracking system to notify the local education agencies of the number of children expected to be referred to special education;

·      develop mechanisms to ensure that families fully understand transition procedures, special education services, and community services;

·      establish clear guidelines in collaboration with NJ DOE to streamline the eligibility determination process between Early Intervention and special education;

·      ensure that Early Intervention providers and service coordinators have adequate knowledge of the preschool special education service system or other community services;

·      provide system-wide training and technical assistance to families, service coordinators, and personnel from the local education agencies regarding transition.

38.  The NJ DOE must ensure all parents of students entering the public school system as three year olds are made aware of inclusive pre-school settings offered in that community and that every district has a full continuum of services for preschool age children with disabilities, including inclusive services and placements.

Assistive Technology

39.  The need for assistive technology (AT) must be considered for each student with an IEP in order to maximize the potential of both AT devices and AT services in the individual student’s educational process. 

·      AT must be considered for all students, not just those with more complex disabilities. 

·      Educational professionals, including the IEP team, through the IEP, must document how they arrived at their decision regarding the need for AT devices and services.

·      The NJ DOE should monitor school districts’ compliance with IDEA 2004 and NJAC 6A:14-3.4 which require the consideration of AT for all students with disabilities.

40.  The NJ DOE should develop and implement Statewide Assistive Technology Guidelines for use in each school district within New Jersey.  A state funded and state operated Assistive Technology Center should be developed and maintained. 

41.  Core competency training in computer technology for educational staff should be developed and implemented so that assistive and educational technologies may be seamlessly applied in the classroom. 

42.  Consideration should be given to establishing a certification program for AT in order to standardize the skill and knowledge set in this important area.  Efforts to implement Universal Design in Learning (UDL) would include both computer-based and environmentally-based UDL features.

Use of Adversives & Restraints

43.    The NJ DOE should develop best practices to minimize the use of restraints techniques by encouraging the use of positive behavior supports.

44.    The NJ DOE should convene a Task Force to develop a state policy toward understanding what, if any, are considered appropriate restraints, under what circumstances, if any, are they appropriate and if appropriate how they should be administered.  This Task Force should include students who have been subject to restraints, parents whose children have been subject to restraints, advocates, school personnel, private and public agency personnel, and independent experts with experience and expertise in the proper use of restraints, restraint reduction, and positive behavior support.

45.    The Commission supports the NJ DOE efforts to examine the frequency and nature of aversives, restraints and other behavior intervention techniques used in schools.

Self-Advocacy

46.    The NJ DOE should provide specific training to help students with disabilities in the development and use effective self-advocacy skills. 

47.    The SSEAC should include at least one present or former student with an IEP from the New Jersey school system as a voting member. 

48.    The NJ DOE should monitor school districts for compliance with the requirement to develop and implement harassment and anti-bullying policies, especially with regard to the vulnerable population of students with disabilities.

49.    The Commission recommends that districts provide a section for student input in the IEP, facilitating and documenting input from the student, whenever possible or appropriate.  The significance of the IEP and the process used to develop it should be explained to students.  

Funding

50.    All districts should receive special education funding regardless of their individual ability to pay.  The amount of special education funding provided to a district for an individual student should be based on each student’s needs, not the district’s ability to pay.

51.    The legislature must determine a standardized methodology for defining “actual costs” of special education. The NJ DOE should be required to conduct an on-going study to determine the actual costs of providing special education on a statewide and regional basis.  Input from major education stakeholders should be sought on costs to ensure all appropriate costs are considered in the definition of “actual costs.”

52.    The Commission supports the continuation of a four-tiered weighting system based on the extensiveness of student needs.  The current four-tiered weighting system must be reviewed and revised to more accurately reflect the costs of students in the four tiers.

53.    The Commission strongly endorses the recommendation for more transparency in the process of determining the per pupil weights by requiring that the NJ DOE report publicly on the calculations performed to arrive at the additional per pupil weights for special education, at risk, and limited English proficient (LEP) students.

54.    Special education aid should remain a “categorical” aid.  The Commission strongly recommends that state special education aid continue to be designated and funded as a categorical aid based on the individual student’s special needs no matter where the student resides.

55.    The Commission recommends that the Legislature require the NJ DOE review methods for coordinating the provision of special education transportation services, identifying best practices for transporting special needs students, and developing a plan to improve coordination and cost efficiency of transportation.

56.    The Commission recommends that the Legislature create incentives and reduce barriers to increase the role of technical and vocational districts in educating special education students and in providing transition services.   In addition, oversight is needed to ensure that technical and vocational schools provide equal opportunity for students with disabilities to participate in programs consistent with the requirements of their IEP. 

·      The Commission encourages the Legislature to establish a committee to make specific recommendations regarding how technical and vocational schools can more effectively serve students with disabilities, including conducting a comprehensive review of the vocational educational system.  NJ DOE should encourage technical and vocational schools to develop partnerships with the private sector to support effective transition to life programs.  NJ DOE must revisit the state’s “program completer criteria” to eliminate this as a barrier to acceptance for students with disabilities.

57.    The Commission recommends that the Legislature establish a protocol for “special needs construction” (with a fast track approval process), when a district can justify a current need or cost-saving proposal for building, without referendum, to address space and building capacity.  The goal of this recommendation is to maintain students in-district or bring students back into district.  Examples of a flexible mechanism to accomplish this goal include:

·      Permit districts to enter into 15-year capital short-term borrowing, with NJ DOE approval, for small construction programs

·      Permit transfer of current year’s surplus, excess surplus, and capital reserve to offset construction costs for approved special education projects

·      Amend the code to afford districts flexibility with respect to placing portable classrooms on public school property if districts develop a plan to assure their equitable use between general and special education students.

58.    The NJ DOE should create, publicize, and maintain a state and district wide database tracking the type and capacity of programs being implemented by each district, as well as the number of students enrolled in each program, types of programs, availability, needs and costs associated.  The Commission recommends that this requirement be focused on students in self-contained settings as per the school special register and limited to quarterly data collection.

59.    The Commission recommends that the Legislature, where practical, create incentives that result in the collaboration between public, separate public, and private special education schools so that programs run by or assisted by these schools are increasingly located in public school buildings.  These programs must be quality programs to facilitate the transition into public school buildings.

60.    The Commission urges the Legislature to direct the NJ DOE to survey out-of-district, including out-of-state, placement facilities.  The purpose of the survey is to ascertain services provided by those schools that are not provided by public schools and/or schools at the same level of quality in New Jersey. Based on the survey districts must develop a plan to increase their capacity to provide those services and programs in order to alleviate the need to place students in out-of-district and out-of-state schools. In cases where there are out-of-state placements and where in-district public placements may not seem appropriate, plans to increase the capacity of in-state out-of-district placements should be developed.

61.    The Commission urges the Legislature to require the NJ DOE to research and survey districts to determine the average and range of hourly fees that districts pay independently contracted Occupational Therapists, Physical Therapists, and Speech Language Specialists.  The purpose of such a survey is to identify and disseminate the range of what are “reasonable costs” for these related services to districts.

62.    The Commission recommends that the NJ DOE study the cost of administering the Alternate Proficiency Assessment.  In addition, NJ DOE should study alternative, meaningful, less costly ways of meeting federal requirements for proficiency testing.

63.    The NJ DOE should provide guidelines for the appropriate ratio of Child Study Teams per total population and should encourage school districts to enhance the role of the Child Study Teams within general education.

64.    A portion of the cost of Child Study Teams must be considered a special education cost.

Dispute Resolution

65.    The Commission recommends an increase in the number of hearing officers in order to resolve cases more quickly.  The Commission further recommends that the Office of Administrative Law assure that the hearing officers are specialists in the area of special education, provide them with more intensive training, and assign them exclusively to special education matters.

66.    The Commission recommends that the mediation process be expanded and improved to reduce litigation. The NJ DOE should review models in other states to identify cost-effective, less adversarial methods to consider their implementation in New Jersey as appropriate, after consultation with stakeholders.