Sunday, November 14th
PRESS INVESTIGATION
SPECIAL CARE UNKNOWN COSTS
jJohnny Falotico always loved going to class. But his first two years of high school were so miserable, the disabled teen used to pick his lip raw and pretend to be sick.
What had changed was his special-education program. His parents believed it wasn’t addressing the gaps in his basic life skills — how to cross the street, read a sign or write his name.
They complained, but got nowhere. They sued the
Although relatively few
Yet at the same time, the programs are hampered by fiscal and educational dysfunction.
“It’s just not working,” Johnny’s mother, Patricia Carter-Falotico, 41, of
Key findings from the investigation:
J Hundreds of millions of dollars for private schools. Taxpayers support a state-sanctioned network of 176 private special-education schools, some of which pay their top employees more than the governor. More than $580 million a year is spent by public schools on private tuition alone. See Critics, Page A14
Visit www.DataUniverse.com for a searchable list of special-education tuition costs by district. Look under “What’s New” for the link.
Story by SHANNON MULLEN
STAFF WRITER
Pat Mayer, an aide at the
No one, not even the state Education Department, keeps track of how much money is actually spent on special education every year. One 2005 estimate pegged the total at $3.3 billion — meaning 18 cents of every dollar that schools spent that year went to special education.
Critics fault lack of accountability
FROM PAGE A1
The private-school tuition bills in some low-income urban districts are spiraling out of control, thwarting efforts to turn around failing public schools.
J A criminal probe and lax oversight of money. Authorities are investigating charges that the
No one, not even the state Education Department, keeps track of how much money is actually spent on special education every year. One 2005 estimate pegged the total at $3.3 billion — meaning 18 cents of every dollar that schools spent that year went to special education.
J Racial disparity. Black students who aren’t truly disabled routinely have been placed in special-education programs, a form of segregation that has been tolerated for decades, critics say. They say it has become a way for schools to deal with hard-to-teach students — and snag more state and federal aid.
A Press analysis of education data found that money played a significant role in determining whether a special-education student attended a private day school or was schooled within the district’s own buildings. Upperincome districts and the lowest-income districts — which are mostly funded with state tax dollars and have a higher percentage of minority students — were almost twice as likely to send a child to a private school than middle-income districts, the Press found.
J Lack of standards. Parents and policymakers have no way of knowing whether special-education programs are effective or not because schools aren’t required to report or even collect such performance data. Teachers who work with autistic students aren’t required to know how to educate students with the complex disorder.
Rose Valendo, a special-education teacher at
Had Academy Learning not provided her with training when she was hired, she said, “I would have walked in here completely blind about what this program was all about and what this (autistic) population needed.”
J Parental distress. The lack of consistent standards creates a crazy quilt of good and bad programs across the state, forcing some parents to move from district to district to get the services their children need, or to spend thousands of dollars on tutoring and therapies their local schools won’t provide. Some parents lie about where they live to ensure their child gets into the best school.
J Questionable choices. To trim spending, some districts have pulled students out of private schools to send them to special-education programs in other districts.
Yet one
“It’s a very big problem. It’s like it’s got tentacles all over the place,” said Nancy Saling, the Faloticos’ specialeducation advocate, who was a special-education teacher in the Barnegat public schools for 30 years.
“I don’t know how you could disentangle them,” she said. “The saddest thing is that there are children stuck in the middle who are just not getting the education that’s promised to them in IDEA.” Triantafillos Parlapanides, the Central Regional schools superintendent, says the district “bent over backwards” to try to satisfy the Faloticos.
Johnny has multiple disorders that affect his ability to swallow, move and learn.
At the time, Parlapanides said, the high school didn’t have the type of life skills program that the family wanted for their son. This year, for the first time, there is such a program, he said.
But Johnny has moved on. To settle the case, Central Regional agreed to send him to a $50,000-a-year private day school in Eatontown. The district also reimbursed the Faloticos for their legal expenses.
Today, Johnny is a changed teenager. Now he loves going to school and has made significant strides.
“It makes me feel great that he’s making progress, but it also makes me feel bad, because if he was placed there earlier in his life then maybe he would be further along than he is now,” Carter-Falotico said. “It shouldn’t be as hard as it is.” It is not merely a few disgruntled parents who feel that way. A presidential commission warned in 2002 that the special-education system had veered off course and required “fundamental rethinking.” Yet at a time when “accountability” is the watchword in public education, special education continues to fly under the radar. The Race to the Top reform plan
That puts the onus on parents to hold the system accountable.
“Unless a parent takes it on their own initiative, these kids get swept under the carpet,” said William Robinson, 48, of
Robinson says he spent $250,000 on attorney and expert fees in the past three years, trying to get his son’s school to use a shelved reading program that could benefit the boy immensely.
Union Beach Schools Superintendent Arthur J. Waltz declined comment on the case, which is still working its way through the federal court system.
“You see the money pouring into special education, but we’re not looking at getting the best return on the money we’re spending,” Robinson said. “There’s no accountability, or should I say, the accountability is so low, it’s really not a true standard.”
‘Much to be proud of’
Supporters of New Jersey’s special-education system, which serves some 200,000 students statewide, say such criticisms are unfair.
They say
Barbara Gantwerk, director of the state Education Department’s Office of Special Education Programs, said the department’s monitoring efforts, which zero in on districts that don’t show enough progress toward meeting federal benchmarks, are far more robust today.
Moreover, she said, with help from tens of millions of dollars in state grants, many districts have made strides toward reducing the segregation of disabled students in costly specialized schools, and raising academic performance to meet the demands of the federal No Child Left Behind Act.
Also, she said, parental survey results and the fact that fewer than 100 special-education disputes per year wind up in court suggest that the vast majority of special-education parents are satisfied with the services their children are receiving.
“I think we have much to be proud of,” Gantwerk said.
Costly private schools
Under the federal law, students with disabilities are supposed to be educated in the least restrictive environment possible, ideally in regular-education classrooms.
In fact, it relies on these schools more than any other state, by a wide margin.
The practice of sending disabled students to schools outside their home districts is so engrained in
“It’s a very complex operation to change the way people think and the way school districts operate,” observed Paula Lieb, who heads the New Jersey Coalition for Inclusive Education, a nonprofit group that opposes educating disabled students in segregated settings.
In 2007, frustrated by a lack of progress on the issue, a coalition of disability-rights groups, led by the
In total, 14,556 students, or 7.5 percent of the state’s total special-education population, were educated in separate public or private schools in 2009, according to state figures. That percentage is down from just over 9 percent in 2007.
Out-of-district school placements cost districts $1.3 billion in tuition and transportation expenditures in 2005, nearly 40 percent of the $3.3 billion spent on special education that year, according to a report by the New Jersey School Boards Association. The total amount did not include staff benefits, estimated at more than $400 million.
The vast majority of these students, more than 12,000 per year, wind up in the state’s 176 private day schools for the disabled. There are 14 such schools in
“These schools have good reputations,” said Gerard M. Thiers, executive director of ASAH, a nonprofit group that represents 135 private special-education schools across the state. “Our outcome studies show these kids perform very well when they get out of school and in school.” In effect, though, school districts have created a separate school system that is privately operated but taxpayer-funded.
Districts sent more than $580 million to these schools in 2008-09, the latest year available on record. Most of the state’s private schools for the disabled charge more than $51,000 per student, more than a year’s tuition at
Three schools charge more than $110,000 per year.
The private schools are regulated by the state Education Department, which certifies their tuition rates, based on their operating expenses over the prior two years.
The state also stipulates what private schools can pay their employees.
The private payrolls are supposed to be on par with the public-sector jobs. For the 2009-10 school year, for example, the state capped compensation for administrators at just over $215,000.
But some of those administrators run schools with just a few dozen students.
See Special, Page A15
Diane Misak, a teacher at the
Special
FROM PAGE A14
Robert E. White, executive director of the
The Somerset Hills Learning Institute, a nonprofit private autism school in Bedminster that had an average daily enrollment of 26 students in 2008-09, paid its executive director, Kevin Brothers, a salary of $165,385 in 2008, the school’s tax records show. The school spent nearly $300,000 on fundraising that year.
“The clinical demands on us on a daily basis are significant,” Brothers said. “It’s not just providing an education, it’s providing treatment services as well.” Other examples of private school salaries:
J The director of the
The school’s average daily attendance that year was 94 students.
J A speech therapist at the
J In 2007, the top five highest-paid employees at the
Thiers, of the private-schools group, said the average private-school administrator is paid about $150,000.
“It’s a different job than a public school,” he said. “Basically, you’re dealing with kids who are very difficult to educate.” Private schools also offer “significantly lower” health and retirement benefits than public school employees receive, Thiers said, and many schools operate year-round. Teachers at the Search Day Program, a private school in
She cited an example where staff members worked with an autistic student’s family after school to determine why the boy was having tantrums on the school bus. It turned out that he felt overheated in the back of the bus, but he didn’t have the verbal skills to let the driver know. The staff gave the student a note pad, wordpicture cards and juice for the ride home, and the problems ceased, she said.
“Sometimes, a simple thing like that keeps a child’s life from being turned upside down,” Solana said. “We keep an eye on things like that.”
Wealth disparity
In New Jersey, the lowest-income urban districts, which are largely subsidized by the state, are the top users of private schools for special education, according to a Press analysis of 2007 placement data. These districts include
The second-highest users of private schools are uppermiddle-class suburban districts, such as Wall,
Peg Kinsell, public policy director for the Statewide Parents Advocacy Network of New Jersey, a nonprofit disability-rights group, said urban districts often lack the teachers and physical infrastructure needed to accommodate students with more serious disabilities. At the same time, parents in the wealthier suburban districts are better able to afford attorneys and push for a private-school placement.
“It becomes an administrative convenience to just write a check to send kids to an out-of-district placement,” she said.
In the urban districts, that means millions of dollars in state aid that’s flowing into these districts every year, ostensibly to improve the public schools, is winding up in the coffers of private schools instead.
The practice has come under fresh scrutiny because of the unfolding criminal probe in the
“Nobody was minding the store,” said state Sen. Shirley K. Turner, D-Mercer.
“My greatest concern is, of course, that this is not unique to the city of
That was the highest rate in the state among the 286 districts with at least 160 special-education students.
That minimum enrollment figure, just above the median for the state, was used to screen out smaller districts whose placement rates were skewed by having relatively few disabled students.
“It’s one of the things we’re trying to change,” said Denise Lowe, the schools superintendent in
This year, the district opened an alternative high school that made it possible to bring at least seven special-education students back in the district, she said.
Matawan-Aberdeen’s rate was 14 percent in 2007, ninth-highest in the state.
“It doesn’t surprise me,” said Richard O’Malley, who was hired as the district’s superintendent in 2007. “One of the things I recognized right away was the number of students we were sending to private schools. We have completely reversed that trend, but prior to that, that was the mindset.”
‘Black box’ standards
So little is known about the true costs and effectiveness of these programs, not just in
While IDEA, the federal law regulating special education, requires schools to collect reams of data on their disabled students, it provides few benchmarks that parents and policymakers can use to gauge how effective a special-education program is in a given school, district or state.
In its 2002 report, the President’s Commission on Excellence in Special Education noted that schools are expected to comply with more than 814 different procedural requirements, few of which relate directly to student performance.
“Ironically,” the report stated, “even if a school complied with the more than 814 requirements, families and Congress would have no assurance children were making progress.” Another study found that teachers spend more time filling out paperwork related to all these rules than they do actually working with students.
“If we want to measure cost and effectiveness, we need cost and effect,” said Tammy Kolbe, an assistant research professor at the
There is little available data on either, she said.
Kolbe said
While
The last time
It was only in 2004 that the law was amended to require an annual state performance review that includes data about test results, graduation and dropout rates.
Brenda Considine, coordinator of the New Jersey Coalition for Special Education Funding Reform, an advocacy group, is among those who believe more extensive information is needed. The group, which represents the interests of various disability-rights organizations as well as the private-schools association, said the state Education Department needs to conduct a long-term study on special education.
“We keep pumping millions of dollars into a system in which we’re not looking at outcomes,” she said. “Nobody knows what happens to these kids.” However, Alexa Posny, assistant secretary of the
Office of Special Education and Rehabilitative Services, believes the 2004 law, which was crafted to work in conjunction with No Child Left Behind standards, strikes an appropriate balance.
“There will always be a focus on process” in order to safeguard students’ rights, said Posny, formerly the education commissioner in
Parents have the right to assess their child’s progress based on annual goals and objectives in the student’s Individualized Education Plan, or IEP.
While these goals are supposed to be concrete, parents and special-education advocates say some districts use goals that are so nebulous that it’s easy to claim they’re being met.
“I have one client whose goals were repeated for 12 years,” said special-education advocate Bobbie Gallagher of Brick, who specializes in autism cases.
“For 12 years, he worked on the same things,” she said. “Who checks that? Why is he still matching his name to a board?” Shannon Mullen: 732-643-4278; Shannon@app.com
In New Jersey, the lowest-income urban districts, which are largely subsidized by the state, are the top users of private schools for special education, according to a Press analysis of 2007 placement data. These districts include
Jasmine Carolino, a student at the
Give
By SHANNON MULLEN
STAFF WRITER
The misspending of millions of dollars in special-education funds uncovered in the
“Do I think these performance issues are in other districts?” Eells said. “Of course.” In Trenton, which gets about 90 percent of its $238.4 million budget from the state, Eells found that the district was paying the private-school tuition bills of disabled students who either never showed up to class or were chronically absent. Of the 11,000 pupils, an estimated 2,000 are classified for special education.
Teachers were submitting bogus time sheets for home-instruction lessons they never taught, he found. In one case, a teacher was cutting and pasting parents’ signatures to time sheets totaling $51,000.
Meanwhile, the district’s accountant was trying to hide out-of-control spending with “misleading” budget figures, Eells reported.
The district’s own audit subsequently identified $10 million in out-of-district tuition and employee health-benefit bills that administrators deliberately kept off the books.
Now a
At the time, the department had a budget supervisor working with the district. But because of home rule, such staff members work only in an advisory capacity, Eells said.
“They can make suggestions of correction action, (but) they don’t have the teeth to force change,” Eells said.
In the
“That, to me, is worse,” Eells said. “What are you teaching them? . . . Are we spending money in circles here?” On the heels of the audit’s release in March, a state fiscal monitor, Mark Cowell, was appointed to take control of the district’s finances. Eells, Cowell and officials from the district and the state Education Department were called to testify on Sept. 15 before the state Senate Education Committee.
In his testimony, Cowell said the steady flow of state aid into the district, coupled with poor administrative oversight, created “a perfect storm in
In addition to working with Cowell to address its accounting problems, the district has hired a new administrator for its specialeducation program. Meanwhile, acting state Education Commissioner Rochelle Hendricks said her department is working to tighten its fiscal oversight procedures.
State Sen. Shirley K. Turner, D-Mercer, a former
“Everybody there was saying: ‘We don’t know. We weren’t there then. It’s not our fault,’ ” she said. “Nobody wanted to accept responsibility for anything.”
Teachers were submitting bogus time sheets for homeinstruction lessons they never taught, an audit found. In one case, a teacher was cutting and pasting parents’ signatures to time sheets totaling $51,000.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Monday, November 15th
Racial disparity continues
NO MINORITIES:
Lakewood sends only white kids to private special-ed school
SECOND OF SIX PARTS
By SHANNON MULLEN
STAFF WRITER
LAKEWOOD — Four years after the state Department of Education said racial bias was the reason the township school district was sending only disabled white students to a local private school, the district has yet to place any minority children there.
The public schools, whose student body is more than 90 percent black and Hispanic, sent 122 students this year to the private School for Children with Hidden Intelligence — all of them white, district officials say. The reason for the racial disparity is that no minority parents have ever sought a placement to the school, officials say.
“I know that there are no children who go to that specific school who are minorities. I know that,” school board President Leonard Thomas said. “Nor do I know that any have applied. So there’s that Catch-22, in a sense. If you don’t apply, you can’t go.” But the district is not required to tell parents about every private school option available to them. The local NAACP continues to question if minority parents are being told about what SCHI can offer their children.
Since its initial investigation, the state Education Department has backed off its demands for sweeping changes in the district’s special-education placement process.
The department, which has since removed its racial bias findings from its official records, now says that the district is following the law.
While the public schools here are failing, SCHI, pronounced “shy,” is prospering, thanks to strong backing from political leaders and more than $12 million a year in public school money.
Founded in a strip-mall storefront with just a handful of students 15 years ago, SCHI now occupies a $13 million, 64,000-square-foot facility that sits on a 13-acre campus on Oak Street — tax-free land the township gave to the school a decade ago for $1, property records show.
SCHI now has about 130 special-education students and some 300 employees, according to the school’s tax records and financial reports.
“It’s very impressive,” said Jonathan Silver, a member of the Lakewood Board of Education.
“In my opinion, it is a Cadillac school for specialneeds children.” In three years, the
The story of SCHI’s success, however, is also a cautionary tale about how dependent many
As is the case with public schools, such private schools don’t have to show how well their special-education programs work.
District’s tuition burden growing
Meanwhile, tuition payments to the school continue to climb.
“Twelve million per year? It is not sustainable,” said township resident James Waters, president of the Lakewood-Ocean County Branch of the National Association for the Advancement of Colored People. “Your public schools are the ones that are suffering.” Because of a lack of adequate facilities, many children in the public schools have to be taught in trailers. All six of
Each is classified by the state Education Department as “in need of improvement.” The district’s annual budget this year is $132 million.
But school officials say the district is in a bind.
While they acknowledge the district can ill-afford to pay a total of $16 million to SCHI and a handful of other private schools every year, they say Lakewood doesn’t have the resources to expand its in-house special-education program to meet the significant needs of these students.
Under federal law, if a district can’t provide a disabled student with an appropriate education, it’s obligated to send the child to a suitable school outside the district that can — at taxpayers’ expense.
“We can’t even pass regular school budgets, let alone a referendum to build a building for our current unhoused children, let alone create a program in our already overly crowded district to bring children back in,” school board President Thomas said.
“It sounds good. It’s just not a reality,” he said. “Even if we had the ability to build a building, they’ve created something over there (at SCHI) that’s basically state-ofthe-art. It’s very difficult to compete with.”
A ‘downward spiral’
You will hear a similar refrain in districts across the state.
Proponents of private schools like SCHI say they play an invaluable role in
Disability-rights groups, however, say such placements unfairly segregate and stigmatize students with disabilities.
Cost also figures into the debate.
Out-of-district placements to both private and public schools for the disabled account for nearly 40 percent of the estimated $3.3 billion spent on special education every year, counting both tuition and transportation costs, according to a 2005 study by the New Jersey School Boards Association.
Districts spent more than $580 million in tuition alone to send fewer than 13,000 students to private schools in 2008-9.
SCHI is one of 176 such schools in
There are a total of seven in
Low-income urban districts are the most reliant on private special-education schools, according to an Asbury Park Press analysis of placement data.
Students with disabilities in these districts are often pushed out of the public schools because of a lack of adequate facilities or trained teachers or pulled out at the behest of parents eager to flee failing schools, experts say.
Over time, the practice creates what a 2004 report by the New Jersey Council on Developmental Disabilities called “a downward spiral of decreased capacity” that inevitably leads to more and more students being sent out of the district at a steadily rising cost to taxpayers.
That kind of momentum can be hard to slow down.
In 2009, for example, as part of the federal stimulus package, Congress doubled the amount of special-education aid that districts received from the federal government.
The chief intent was to help districts improve their inhouse special-education programs, yet many
John Hart, a former chief of staff in the state Education Department who is now involved in a new business venture that aims to help urban districts develop their in-house special education programs, says the problem in particularly acute in low-income urban districts that are heavily subsidized by the state.
“If we do not clearly highlight this as a core issue in improving urban education, we will be having this conversation again five years, eight years from now,” Hart said.
Unique circumstances
While
Those families account for the vast majority of the 5,200 pupils enrolled in
What sets
Whites, who account for 80 percent of
In
Special education, though, is a different matter.
Among local Orthodox Jewish families with disabled children, SCHI is the preferred place to get such an education.
SCHI was founded by township resident Osher Eisemann, who wanted to create a school that could meet the needs of children, like his son, who have significant disabilities, such as autism, Down syndrome or cerebral palsy.
“To be able to help these children is a reward in itself.
I feel honored to do it,” Eisemann told the Press in 1999 when the Ocean County Council of Agencies honored him for his service to the community.
At the time, only 18 students were enrolled in the school.
Within a few years, though, the pace of referrals would pick up dramatically. The turning point came in 2001, when the district either lost or settled 27 separate lawsuits filed by local parents seeking to have their child placed at SCHI.
The lawsuits cost the district more than $1 million in attorney and expert fees, on top of the tuition costs it had to pick up.
The victorious attorney was Michael I. Inzelbuch, a local lawyer who specializes in special-education cases.
The following year, Inzelbuch was named school board attorney, a post he holds today. He also was hired to serve as the coordinator of nonpublic special education.
As board attorney, he was paid $387,599 last year. His current salary for the coordinator job, a part-time position, is $122,655.
Since his appointment, referrals to SCHI have become commonplace, but Inzelbuch said he doesn’t make those decisions.
“I don’t recommend parents go to SCHI. The child study teams do,” he said.
Well-connected school
In addition to its relationship with the school district, which accounts for 98 percent of its special education students and virtually all of its revenue, SCHI has benefited from strong governmental support at the local, state and federal level.
In 2005, the school received a $297,000 grant for specialeducation research from the U.S. Department of Education. It received a $6,500 grant from the Township Committee the following year, on top of the generous land deal it got from the township back in 2000.
In 2008, SCHI was able to refinance the mortgage on its new building with $13.2 million in tax-free bonds from the New Jersey Economic Development Authority. Last year, Rep. Christopher H. Smith, R-N.J., used a legislative earmark to secure a $250,000 construction grant for the school from the U.S. Department of Housing and Urban Development.
SCHI also has relied on support from private donors, charitable foundations and area businesses, including the parent company of the Press, which bought a piece of physical therapy equipment worth several thousand dollars for the school earlier this year.
While the school is nonsectarian, it receives solid backing from the Vaad,
In the waning days of last year’s gubernatorial campaign, both then-Gov. Jon S. Corzine and Kim Guadagno, Republican challenger Chris Christie’s running mate, visited the school to court Orthodox Jewish leaders.
The Vaad ultimately endorsed Corzine, citing, among other reasons, “his consistent efforts on behalf of the
Photos on the school’s website show two minority children, but did not indicate what district they were from or what year the photos were taken.
Neither Eisemann nor SCHI’s executive director, former school board member Mark A. Seigel, returned telephone calls seeking comment for this story. The Press could not obtain permission to visit the private school.
Biased decisions?
That year, the American Civil Liberties Union of New Jersey took issue with the way the child study teams in
By law, parents who believe their child may need special-education services must go through a district child study team. These teams consist of a school psychologist, a learning-disabilities teacher/consultant, a social worker and sometimes a speech-language therapist. If the team agrees that services are needed, it then crafts a plan of action, in cooperation with the child’s parents, that among other things identifies where the child will be educated.
If parents are dissatisfied with the plan, they can request mediation or file suit against the district.
In a letter to then-State Education Commissioner Lucille E. Davy, the ACLU’s legal director, Edward Barocas, said that Lakewood’s teams were either showing bias in their evaluations or “simply acceding to the desires of the parents of Hasidic students and referring those students to a particular Hasidic-friendly outside placement. . . .” In response to the ACLU’s allegation, the state Education Department’s Office of Special Education Programs, or OSEP, launched its own investigation. It focused on placements made at the preschool level, because that is where nearly all out-of-district referrals are made.
In its final report, issued on May, 24, 2006, OSEP said those decisions showed a clear pattern of racial discrimination.
The report included a statistical analysis that showed that a white child with special needs was more than 70 percent more likely to be placed in an out-of-district school than a minority child and twice as likely to wind up in a full-day rather than a half-day out-of-district program.
The district, however, insisted that the analysis was flawed and that other factors, not discrimination, were responsible for the disparity.
The district cited the limited capacity of its own special-education program, the large influx of white Orthodox Jewish families into the district and that community’s keen grasp of special-education law.
Moreover, the district noted, no minority parent had ever sought a placement at SCHI.
OSEP, however, rejected
Among them was a mandatory review of all placement decisions involving minority preschoolers in the prior three years. Any child found to have been treated inequitably was to receive compensatory services.
The ACLU never filed suit against the district. The organization declined comment and referred questions to the state Education Department.
‘A clear win’
The district filed an appeal of OSEP’s findings in July 2006. In February 2007, the district and the state Education Department reached a settlement.
In the district’s view, the agreement vindicated its position.
“We fought it. They dropped the case like a hot potato,” recalled school board member Meir Grunhut. “It was a clear win.” In fact, the state went so far as to agree to immediately and unconditionally withdraw OSEP’s investigatory report “in its entirety” and remove it from the department’s files, as if it had never existed.
The settlement called for the the creation of a 10-member community advisory board. The group was supposed to help the district create “additional opportunities for more culturally and racially diverse” specialeducation preschool programs.
No such board ever was convened.
The group was to be led by Eleanor A. Newton, a West Windsor-based professional facilitator.
“Nothing ever happened,” she said.
Lydia Valencia, the head of the Puerto Rican Congress, a local Hispanic advocacy group, was among those who were asked by the state Education Department to serve on the advisory board, but she, too, said she never heard anything more about it.
“I’m very upset because the higher echelons of the state department of ed did nothing to follow up to make sure corrective action was put in place,” she said.
When asked about the advisory board, Thomas, the school board president, said he didn’t recall the settlement.
“I really can’t speak to the settlement because I really don’t remember it,” he said.
Inzelbuch, the board attorney, who negotiated and signed the settlement, pointed out language in the settlement that says “the parties will create an Advisory Board.” Beyond that, he had no comment on why it never got off the ground.
“What happened was the state never followed through on it,” alleged Waters, the NAACP leader.
In a prepared statement, Barbara Gantwerk, director of the state Office of Special Education Programs, said the state has “fulfilled all of the actions in the settlement agreement for which it was responsible.” She said three monitors from her office visited the district unannounced to observe several dozen child study team meetings with parents, in accordance with the terms of the settlement.
“The monitors determined that the decision-making was in compliance with the requirements and that a variety of placement options were offered,” the statement said.
“We are unaware of any child being denied admission to the
A ‘sensitive topic’
Inzelbuch said that minority parents have been offered a placement for their child at SCHI, but none has accepted so far.
Waters, of the NAACP, questions whether the district is making minority parents fully aware of SCHI’s nonsectarian policy and the more intensive services and better facilities it offers.
“If the school is open to everyone, why aren’t all the kids in
“It’s almost like a college,” he said. “Why wouldn’t every parent want their child to go to the Cadillac of schools, to any school that provided the best services for any physically challenged or mentally challenged student?” Antoinette White, whose son, a fifth-grader at
“I thought it was just for Jewish kids,” she said. White added that she was satisfied with the services her son received in the public schools.
After voters defeated the school budget referendum in April, the school board voted to trim the amount budgeted for out-of-district placements by $825,000, but it’s not clear yet how that cut will be achieved.
Beyond that, there appears to be little interest on the school board for altering the district’s relationship with SCHI, however more costly it becomes.
“It’s a very sensitive topic,” acknowledged Silver, the school board member. “It’s sensitive because there’s a lot of religious aspects involved. I can relate to that because I’m part of that (Orthodox Jewish) community.
However, having said that, it’s quite costly, and it’s an enormous burden on the average taxpayer, and it’s a tough issue to tackle. That’s all I can say to you.”
Source: New Jersey Department of Education
STAFF PHOTO: PETER ACKERMAN
The School for Children with Hidden Intelligence, or SCHI, occupies a $13 million, 64,000-square-foot facility that sits on a 13-acre campus on
STAFF PHOTO: ROBERT WARD
Leonard Thomas, president of the
Furious dissent followed earlier report on tuition bill
By SHANNON MULLEN
STAFF WRITER
LAKEWOOD — This isn’t the first time that questions have been raised about the
In 2002, an ad hoc committee of the Lakewood Board of Education looked at ways to make the district’s special-education program more cost-effective.
The committee was chaired by Arthur Godt, a local retiree who had spent 13 years as the special-education director in the
“We made an honest effort to approach some of the problems, and the outof-district tuition was one of them,” recalled Godt, 72.
The committee’s final report, citing the “inordinate number” of
The report called on the district to commit the resources to improve and expand its own special-education programs with a view toward bringing at least some of the students at SCHI back into the district. Doing so, the report stated, would be in keeping with federal and state specialeducation laws requiring that children with disabilities be educated in the “least restrictive environment,” ideally with their nondisabled peers at a local public school.
“The first line is always ‘public education first,’” Godt said. “Well,
A dissenting member of the committee, Rabbi Moshe Zev Weisberg, a member of Lakewood’s Vaad, the council of religious and community leaders that represents the interest of the township’s Orthodox Jewish community, called the report a “major misrepresentation and a complete rewrite” of a draft that had been circulated in the committee.
In a memo to the schools superintendent at the time, Ernest Cannava, Weisberg urged that Godt and another member of the committee who helped write the report “be sanctioned for a serious breach of professional behavior.” “Having known both gentleman, I was truly shocked by their gross misconduct, especially with such sensitive issues,” Weisberg wrote. “My opinion is that they should both be removed from the committee and be barred from future official district committees.” Godt said the school board accepted the report without comment, and he heard nothing more of it.
“To my knowledge, the report was just filed away,” he said.
Since that time, the district’s tuition payments to SCHI have increased nearly fivefold, to $12.2 million. Godt, for one, is hardly surprised.
“You didn’t have to have a special-education background to figure that one out,” Godt said. “It was going to snowball to what it is now.” Shannon Mullen: 732-643-4278; smullen@app.com
FILE PHOTO: 2008
Rabbi Moshe Zev Weisberg, a member of a 2002
Black students placed disproportionately in special ed
By SHANNON MULLEN
STAFF WRITER
The federal law that created the nation’s specialeducation system grew out of the civil-rights movement in the 1960s.
But even when districts follow the law, racial disparities can occur.
Nationally, black students are far more likely to be placed in special education than white students.
While 15 percent of
In
A study by the New Jersey Council on Developmental Disabilities in 2004 found that black students with disabilities are more likely than whites to be placed in out-of-district schools. Among students who receive an out-of-district placement, black students are more likely to wind up in separate public schools in other districts, while white students are more often sent to private schools.
John Hart, who served as chief of staff of the state Education Department during the administration of Gov. Jon S. Corzine, says the over-classification problem, which is particularly acute in the state’s urban districts, has been ignored for decades and is only “getting worse.” The result is that tens of millions of dollars in annual state aid and tuition expenditures are being wasted, and thousands of misclassified black students are being segregated in separate classrooms and schools they do not need to be in, he said.
“You’re getting rid of those kids who are hardest to teach because the process allows you to almost game the system,” Hart said.
Hart acknowledged that he “should have done something” to address the issue during his tenure in the state Education Department.
Since leaving the department, he has partnered with a group of private schools in a new business venture that aims to help urban districts reform their special-education programs. Hart also co-chairs the education task force of the New Jersey Black Issues Leadership Convention.
“I can’t think of another civil rights issue in
Tuesday, November 16, 2010
STAFF PHOTO: PETER ACKERMAN
Christopher Weitzen, 16, and his father, Gary, look at a train display at The Hobby Shop in Matawan, one of their favorite places to go together. Gary Weitzen said his son, who has autism, has thrived in the Brick school system, but that other school districts do not have the same accountability.
PRESS INVESTIGATION
Standards lacking in N.J. autism education
IN PUBLIC SCHOOLS: Teachers not requiredTeachers not required to have formal training in the complex disorder
Third in a six-part series
in
Among
The phenomenon is one of the greatest challenges facing
Not only because of the sheer number of autistic students — which has more than doubled in the past decade, to nearly 12,000 — but also because of the very nature of autism.
Autism is a complex biological condition that, to varying degrees, affects a child’s ability to communicate and develop social relationships — skills that are at the very core of the educational process.
That means that autistic students often must be taught in a completely different way than other children. Yet as many parents soon discover, the way that happens in
“There is no uniformity across the state. It’s a problem we constantly run into,” said Gary Weitzen, executive director of POAC Autism Services, a parent-run, grass-roots autism education group based in Brick. “Districts very often right next door are doing radically different things.” To be sure, there are many teachers around the state who are doing heroic, life-changing work, often under extremely trying circumstances, to which Weitzen can attest.
As a young boy, Weitzen’s son Christopher, now 16, who is autistic, used to bang his head with such force that doctors feared he would suffer a permanent brain injury. But his father said Christopher has thrived in the Brick public school system.
“My son has gone from an extremely low-functioning, nonverbal, self-injurious child to a kid that’s a dream today,” said Weitzen, 46, of Brick.
“If I could spend 24 hours a day with Chris, I would be the happiest man you will ever meet. He reads. He writes. He talks. He shops on eBay. He plays with his brother and sister. He does his homework independently. He’s a great, great kid,” Weitzen said.
But what has worked with Christopher in Brick, which was at the forefront of developing an autism program more than a decade ago, is not necessarily what is being done in other school districts.
“I guess it depends on where you land,” observed Simone Tellini, POAC’s training director, whose teenage son, Peter, has had a much more difficult journey through the special-education system.
“What passes for appropriate education for autistic kids varies, depending on what town you live in, even what teacher you get within the school district you’re in,” said Tellini, of Matawan.
An uneven approach
The state Department of Education requires that schools use scientifically based methods to teach children with disabilities.
With autism, the most extensively tested and widely used approach is called Applied Behavior Analysis, or
In a typical
But there are no state standards for what an
Even when teachers are well versed in the principles of
Autism experts say a credible ABA-based program should be overseen by a board-certified behavior analyst, or BCBA, a certification that requires extensive course work and closely supervised field experience. But neither the job title of behavior analyst nor the BCBA certification process is recognized by the state Department of Education, so few districts have such an expert on staff.
Some districts hire BCBAs in private practice as parttime consultants. Others rely on full-time “behaviorists,” who are not required to have any formal training in autism.
The result is an uneven patchwork of autism programs of across the state — none of which are required to meet any performance standards.
Weitzen, of POAC, said some districts say they have an “eclectic” program that incorporates a variety of different methodologies — “which tends to scare me,” he added.
“I’m not saying an eclectic program cannot work.
However, some towns with an eclectic approach, there’s no system, there’s no set curriculum, there’s no accountability,” he said. “Accountability is the key.” Research has shown that when properly implemented,
“Somewhere around 25 percent, on average, go on to be ‘behaviorally cured,’ or indistinguishable from their peers,” she said. “So there’s an amazing measure of outcome: Up to 25 percent of those kids no longer exhibit the symptoms of autism. So to the extent that a public or private school is using intensive
Doing the ‘minimum’?
There’s the rub for parents: How can they tell if their child’s teachers are using
In 2004, the state Department of Education convened a task force of experts to identify the various components of an effective autism program, but its recommendations never were mandated and were issued as guidelines only.
“I think there are a lot of parents who are willing to say, ‘Well, they’re doing their best,’ ” said Bobbie Gallagher of Brick, an autism advocate who served on the task force and is the mother of two autistic teenagers.
“That kills me because they’re not.” “Districts know what good programs are, (but) they are just starting their programs with minimal effort, to save money. . . . You just open up a room, put a specialeducation teacher in it, and you’re ready. That’s crazy,” she said. “Some of our children are actually learning despite the teaching.” One encouraging sign, Weitzen said, is that in the past 11 years, thousands of teachers from hundreds of school districts across the state voluntarily have attended POAC’s workshops. While a good start, he noted, a halfday workshop is not sufficient to ensure that autism programs are being run effectively.
“We stress that you need consistency, you need followup, you need BCBAs in the school,” Weitzen said.
Some parents desperate to find a good program for their child are not content to wait for their districts to get up to speed.
One
“I’m not the only one who does it,” she said.
Shannon Mullen: 732-643-4278; shannon@app.com
Shopping trips, cafeteria duty serve up real-life skills
By SHANNON MULLEN
STAFF WRITER
It’s the start of another lively lunch period at
While many students grab cafeteria trays and get in line for some hot food, others head to the snack bar for lighter fare.
Behind the counter, Tim Doyle and Eric Long, both 16, are taking care of a steady stream of customers, fielding orders and working the cash register.
“Can I have a Yoo-hoo?” “Can I have the blue Sun Chips?” “Can I have a red Gatorade?” The students know to use colors when they’re ordering because Tim and Eric have limited language and reading abilities.
Both boys have autism, and working in the store is an important part of their education.
Each customer they serve is another opportunity to use what they’re learning in class: social skills, math, reading, fine-motor skills, following directions, being responsible.
“So how many muffins do we have?” asks Sherri Ryan, who co-teaches the high school’s boys class with Cheryl Vizino-Glancy. “We had 44 muffins, and we sold 26.” “Eighteen,” one of the boys answers.
A study in 2007 by researchers at the
Brick is trying to buck that trend. The district was one of the first in the state to develop a program for autistic students, more than a decade ago, in response to a surge in the number of local children diagnosed with an autism spectrum disorder. In fact, Brick was the focus of two separate federal studies that looked into the possibility that there was an autism “cluster” in the township. The studies, completed in 2000, were inconclusive.
Tim and Eric were in the first wave of autistic students entering the district then. That wave has now hit the high school, where a new program was launched a year ago to help these students prepare for life after they leave school, at age 21 in most cases.
There were 170 students in the district last year who were classified as being autistic. Brick had the most autistic students among districts in Monmouth and Ocean counties in 2008, the latest year for which comparative figures are available.
There are 11 students in the high school class. The class is staffed by five aides in addition to the two teachers.
In addition to academic subjects, there is a strong emphasis on basic life skills.
For example, children with autism tend to have very narrow food preferences, Ryan explained, and many lack the social and behavior skills to sit down at a table and share a meal with their families.
So there is a kitchen in the back of her classroom, where the students are taught to cook, and a communal table where they eat the meals they prepare together. The school also has a washer and dryer that students use.
The students take turns working in the cafeteria snack bar, which is opened two to three times per week. They also go on weekly group outings to the local A&P supermarket, where they shop for any groceries their families might need. Those trips are important because many parents of autistic children often run into enormous difficulties when they take their children to such public places, due to any number of autism-related behavior issues.
“It’s all training, from the moment they get on the bus to the moment they come back to school,” explained Julie Wolff, a board-certified behavior analyst who monitors the high school program on a consultant basis. “It’s taking everything they’ve learned — social, academic, language, behavior, all of that — and putting it into a real-life setting.” Tim’s mother, Sherry Doyle, said the program is paying dividends at home.
She says Tim now helps her with the laundry, makes his bed and even does some cooking. As soon as the weekly A & P circular comes out, she says, he wants to sit down with her and make a shopping list for the following week.
“I love it,” Doyle said. “It’s a great big help at home.” Doyle said Tim, a handsome, dark-haired boy, has done “a complete turnaround” in the past eight years, when he came back into the district after several years in a private school.
She was leery about the move, because at the time, Brick was just setting up its new verbal behavior program, but she agreed to it because she wanted her son to be “part of the community.” As a youngster, Tim compulsively injured himself, as some children with autism are prone to do. His behaviors progressed from head banging to wrist biting to hitting himself in the jaw with terrifying force, his mother said.
Doyle’s younger son, Shawn, 10, also has a form of autism, though he is much higher functioning than his brother.
“I have both ends of the spectrum,” Doyle quipped.
Back at Brick High, Tim has another customer.
“This is blueberry, right?” asks a pretty blondhaired girl, eyeing a giant muffin on the counter.
Tim doesn’t answer.
“Tim, is that blueberry?” Ryan prompts.
“Yes,” Tim replies softly.
His mother says he rarely speaks except in one-word answers. While he does well restocking the shelves and working the register, socially, she says, he still has a long way to go.
“I wish he would say, ‘Hi.’ ”
Shopping trips, cafeteria duty serve up real-life skills
By SHANNON MULLEN
STAFF WRITER
It’s the start of another lively lunch period at
While many students grab cafeteria trays and get in line for some hot food, others head to the snack bar for lighter fare.
Behind the counter, Tim Doyle and Eric Long, both 16, are taking care of a steady stream of customers, fielding orders and working the cash register.
“Can I have a Yoo-hoo?” “Can I have the blue Sun Chips?” “Can I have a red Gatorade?” The students know to use colors when they’re ordering because Tim and Eric have limited language and reading abilities.
Both boys have autism, and working in the store is an important part of their education.
Each customer they serve is another opportunity to use what they’re learning in class: social skills, math, reading, fine-motor skills, following directions, being responsible.
“So how many muffins do we have?” asks Sherri Ryan, who co-teaches the high school’s boys class with Cheryl Vizino-Glancy. “We had 44 muffins, and we sold 26.” “Eighteen,” one of the boys answers.
A study in 2007 by researchers at the
Brick is trying to buck that trend. The district was one of the first in the state to develop a program for autistic students, more than a decade ago, in response to a surge in the number of local children diagnosed with an autism spectrum disorder. In fact, Brick was the focus of two separate federal studies that looked into the possibility that there was an autism “cluster” in the township. The studies, completed in 2000, were inconclusive.
Tim and Eric were in the first wave of autistic students entering the district then. That wave has now hit the high school, where a new program was launched a year ago to help these students prepare for life after they leave school, at age 21 in most cases.
There were 170 students in the district last year who were classified as being autistic. Brick had the most autistic students among districts in Monmouth and Ocean counties in 2008, the latest year for which comparative figures are available.
There are 11 students in the high school class. The class is staffed by five aides in addition to the two teachers.
In addition to academic subjects, there is a strong emphasis on basic life skills.
For example, children with autism tend to have very narrow food preferences, Ryan explained, and many lack the social and behavior skills to sit down at a table and share a meal with their families.
So there is a kitchen in the back of her classroom, where the students are taught to cook, and a communal table where they eat the meals they prepare together. The school also has a washer and dryer that students use.
The students take turns working in the cafeteria snack bar, which is opened two to three times per week. They also go on weekly group outings to the local A&P supermarket, where they shop for any groceries their families might need. Those trips are important because many parents of autistic children often run into enormous difficulties when they take their children to such public places, due to any number of autism-related behavior issues.
“It’s all training, from the moment they get on the bus to the moment they come back to school,” explained Julie Wolff, a board-certified behavior analyst who monitors the high school program on a consultant basis. “It’s taking everything they’ve learned — social, academic, language, behavior, all of that — and putting it into a real-life setting.” Tim’s mother, Sherry Doyle, said the program is paying dividends at home.
She says Tim now helps her with the laundry, makes his bed and even does some cooking. As soon as the weekly A & P circular comes out, she says, he wants to sit down with her and make a shopping list for the following week.
“I love it,” Doyle said. “It’s a great big help at home.” Doyle said Tim, a handsome, dark-haired boy, has done “a complete turnaround” in the past eight years, when he came back into the district after several years in a private school.
She was leery about the move, because at the time, Brick was just setting up its new verbal behavior program, but she agreed to it because she wanted her son to be “part of the community.” As a youngster, Tim compulsively injured himself, as some children with autism are prone to do. His behaviors progressed from head banging to wrist biting to hitting himself in the jaw with terrifying force, his mother said.
Doyle’s younger son, Shawn, 10, also has a form of autism, though he is much higher functioning than his brother.
“I have both ends of the spectrum,” Doyle quipped.
Back at Brick High, Tim has another customer.
“This is blueberry, right?” asks a pretty blondhaired girl, eyeing a giant muffin on the counter.
Tim doesn’t answer.
“Tim, is that blueberry?” Ryan prompts.
“Yes,” Tim replies softly.
His mother says he rarely speaks except in one-word answers. While he does well restocking the shelves and working the register, socially, she says, he still has a long way to go.
“I wish he would say, ‘Hi.’ ”
Wednesday, November 17, 2010
Specialized care comes at a price
$59,000 A YEAR:
Tuition at autism school in Ocean Twp.
Fourth in a six-part series
By SHANNON MULLEN
STAFF WRITER
What does a $59,000-a-year education look like?
At the Search Day Program, a nonprofit private autism school in Ocean Township, it looks a lot different than what you would see at most public schools.
There is nearly one staff member to every student in most classrooms.
There is not one, but three board-certified behavior analysts — a highly trained autism expert that few districts, let alone public schools, have on staff — and five other staff members who are in the process of completing their course work and getting the required 1,500 hours of supervised field experience.
There is an outdoor pool where every child is taught to swim.
There is a 12-month school year, a sibling support group and a Saturday morning recreation program — overseen by the school’s gym teacher and a physical and occupational therapist — that gives harried parents a few hours of free time to start the weekend.
Every staff member is trained in first aid and nonviolent techniques for diffusing dangerous behavior, and teachers and therapists frequently make house calls after school to work with students and their families.
They will even accompany parents and students to the mall, the barber shop, a doctor’s appointment — anywhere an autistic student might run into difficulties.
“If you took my hundred employees and put us all together, we’d literally have thousands of years of experience and training in autism,” said Katherine Solana, Search Day’s executive director. Solana, a former teacher and occasional bus driver for the school, has worked at the school for 34 years.
Search Day opened its doors in 1971, at a time when many doctors blamed mothers for their children’s autistic behavior. Some were advised to take medication — the mothers, not the children.
In the late 1960s, several of those mothers, who Solana says “were bright enough to know that the doctors and the therapists who were saying this were the crazy ones,” started meeting to compare notes about their children’s unusual social and language deficits. Those conversations led to an ambitious, grass-roots undertaking: the creation of
The group purchased four acres off
Today, Search Day, so named because its founding parents had searched in vain for a school that was capable of educating their children, is approved by the New Jersey Department of Education to accept students from school districts around the state.
The 71 students, ages 3 to 21, who attend Search Day come from 33 different school districts, mostly in Monmouth and Ocean counties. The state Education Department certifies the school’s tuition rate, now about $59,000 per student, based on its operating expenses over the prior two years.
In 2008, the school generated $4.8 million in tuition revenue, tax records show. Search Day also operates an adult vocational program and a group home for seven adults, funded with $1 million in government grants.
With another $122,000 in donations and other contributions, its total revenue came to $6.1 million. It spent about $6 million on program services, with nearly 80 percent going to pay employee salaries, benefits and payroll taxes.
The state also regulates the salaries of its employees, which are capped at the maximum rate for equivalent positions in the county’s public schools. This year, Solana’s base pay is about $160,000.
Search Day has two principals, who spend much of their day working directly with teachers and parents.
“There’s a lot of case management involved,” explained Michael Carpino, one of the principals.
Most public schools cannot offer the level of expertise and the amount of intensive services that Search Day provides, Solana said. On a regular basis, students go on field trips off campus to practice the communication and behavior skills they are learning at school.
The younger the students are when they arrive at Search Day, the more likely they are to make sufficient progress to return to their local public schools after only a few years, Solana said.
In Search Day’s early years, autism was an obscure disorder. Today, it is rare a person does not know of someone “on the spectrum.” In just the past five years, the number of
Frank and Karen Galano of
At the time, their son was aggressive, completely nonverbal and still not potty trained.
“One of the first things I learned is that if you didn’t get him talking before he was 7, that was it, that was your window,” said Karen Galano, 46. “There is that pressure that you’ve got to get him fixed, and you’ve got to get him fixed right now, or he’s going to fall into this hole that you’re never going to get him out of.” The couple briefly had tried Nicholas at two other private schools, neither of which they were happy with. The staff at Search Day impressed them from the start.
“It was just a totally different experience, how they dealt with the kids, how they talked to me,” Galano said. “It was an instant feeling of knowing that they would take the best care of my son.” Galano said the staff quickly began teaching Nicholas by using pictures and had him using the toilet within two hours.
She said Nicholas, now 12 and still at Search Day, has made steady progress ever since. His tuition is paid by the
Today, he interacts with his parents and older brother and sister, his behavior problems have eased, and his vocabulary is growing by the day, his mother says.
“He will tell me, ‘Go Great Adventure.’ He will tell me, ‘beach,’ ‘pool,’ any food he likes,” she said. “This is something I dreamed about seven years ago.” Despite the fact that many school districts today are curtailing placements to private schools because of budgetary constraints, Search Day, which only a few years ago moved students to a larger, modern, 17,000-square-foot school building a short walk from the mansion, is filled to capacity.
Earlier this year, Search Day purchased an adjoining nine-acre property, which also had been part of the Kinmonth estate, and a 23,000-square-foot school building, formerly St. Mary of the
Search Day is using the building to house its adult vocational program, which had operated out of leased space in Wall. There also are plans to develop a career and life skills center there, Solana said.
“We know the numbers are coming. We know there are going to be large graduating classes,” Solana said. “To me, that building is the future, because these kids will need some place to go.” Shannon Mullen: 732-643-4278; shannon@app.com
Critics: Law created a ‘bounty’ for special-ed students
By SHANNON MULLEN
STAFF WRITER
When President Gerald R. Ford signed the Education for All Handicapped Children Act into law in 1975, he created a massive entitlement program.
Since then, the number and percentage of
Critics of the law say the system has created a “bounty” system in many states that base special-education aid on the number of disabled students in each district, as
A 2002 study found that states with such funding policies had higher specialeducation enrollment rates than those that didn’t.
“A good deal of the students in those programs don’t really have a disability, meaning a processing problem in their brain,” said Marcus A. Winters, a senior fellow specializing in K-12 education issues at the Manhattan Institute for Policy Research, the nonpartisan think tank based in New York City that conducted the study. “They’re low achievers the school system sees as financially beneficial to label as special ed.” Virtually all of the growth in special education has come in a single disability category: specific learning disabilities. In the past 35 years, the total number of
As defined by the law, which was succeeded by the Individuals with Disabilities Education Act, or IDEA, the category encompasses a broad range of learning problems that can cause students of at least average intelligence to do poorly in school.
Critics say it’s an ambiguous category that’s ripe for exploitation. Of the students in this group, “80 percent are there simply because they haven’t learned to read,” according to a 2002 presidential commission’s report.
All told, nearly 80 percent of
Traditionally in
Barbara Gantwerk, director of the state Education Department’s Office of Special Education Programs, rejected the notion that districts in the past may have inflated their special-education enrollments to maximize their state aid allocation.
“For the most part, the people who determine whether a student is classified haven’t the vaguest idea what our state funding formula is,” she said.
But a 2007 report by the New Jersey School Boards Association stated otherwise.
In 1996, the state changed its special-education funding formula to a system based on four funding tiers. Students were grouped into these tiers according to the severity of their disability or the amount of services they received.
Between 2000 and 2004, the number of students assigned to Tiers III and IV, which received the greatest amount of aid, increased by 47.5 percent and 66 percent, respectively, according to the school boards association.
“When different funding levels are defined, there is a tendency to try to maximize the aid received by shifting to categories that yield a higher return,” the group’s report states.
In 2008, the state switched to a flat-rate funding approach, as many states have done in recent years, to remove any unintended incentives.
Now, state aid is based on a district’s total student enrollment, not the number of students in special ed.
Critics of that approach say it’s a heavy-handed attempt to drive down the state’s classification rate that has no basis whatsoever — neither on the need for special-education services nor the true costs of providing those services.
“It came out of a cookbook,” said Brenda Considine, coordinator of the New Jersey Coalition for Special Education Funding Reform, an advocacy group. “It wasn’t based on any data.” The new formula uses a benchmark classification rate of 14.69 percent. As a result, it penalizes districts that classify a higher percentage of students for special education and benefits districts whose rate is lower than the state’s.
Brick, for example, had an overall classification rate of nearly 23 percent percent in 2007, the latest year for which comparable district data is available. Since the formula change, its annual special-education aid allocation from the state has been cut by more than a third, from $8 million to $5 million, the district says.
In the first year after the funding change went into effect, the state’s classification rate fell from 17 percent to 16 percent. However, Gantwerk said, it’s too soon to tell what may have caused the drop or if it’s anything more than a one-year aberration. The legislation that changed the funding formula also obligated the state Education Department to conduct an analysis of its impact, which is being done now, she said.
“I would say we’re cautiously optimistic,” Gantwerk said. “I would like another year or two to be absolutely certain, but I think the trend is down.” Shannon Mullen: 732-643-4278; shannon@app.com