On March 16, 2020, New Jersey Governor Phil Murphy issued an Executive Order which, among many other things, closed schools and moved education to home-schooling and online learning. This included Special Education services. On May 4th, the Governor announced that schools would remain closed for the rest of the academic year. The status of Extended School Year (ESY) has not yet been determined.
Since the stay-at-home order, we have heard from thousands of families with students in special education who are struggling to provide learning opportunities to their children and effectively deal with the lack of support services and therapies their child would typically receive each day. It has been an extremely challenging time for all the families.
The Arc of New Jersey and the NJ Council on Developmental Disabilities, along with many other community partners, have been advocating on a number of critical issues facing families struggling to provide special education to their student at home. This e-newsletter provides some updates on our advocacy efforts and provides some resources for families who need assistance.
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NJ Department of Education Regulations Concerning Provision of Special Education During the COVID-19 Pandemic
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On April 3rd, the NJ Department of Education released a memo notifying schools, districts and parents about changes to regulations concerning the provision of special education and related services during the COVID-19 health emergency. Specific changes included the provision of services through electronic communication, the provision of related services through telehealth and approved procedures for clinics and agencies. See the memo
here.
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Some Students Lack Technology to Receive Special Education
We have heard from many families whose school districts are not providing the technology and supports needed for special education while home-schooling. Advocacy with the DOE Office of Special Education led to a response from Commissioner Repollet and Assistant Commissioner Peggy McDonald recommending that families unable to contact their district to obtain the needed technology should reach out to the Special Education Ombudsman, Ms. Cynthia Hoenes at 609.376.9060 or via email at
specedombudsman@doe.nj.gov.
In addition, parents can find contact information for the Special Education Specialist in their county at:
http://www.nj.gov/education/about/counties/
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DOE Issues Memo Stating Waivers Illegal
Some school districts in New Jersey had reportedly been requiring parents or guardians of students with disabilities to sign waivers promising not to sue before providing them with services. After this was publicized and advocates demanded action, the state
issued a
memo
stating such practices are illegal, violating the Individuals with Disabilities Education Act and state Department of Education regulations.
“A key right guaranteed by both the IDEA and the state’s regulations is the right to disagree with a school district’s determination or action concerning the educational program of a student with a disability,” notes the memo, issued April 30th.
It was previously reported that some schools were requiring families to sign forms relinquishing their ability to hold schools legally accountable in order to receive counseling and speech services for their child. The form said that parents were not allowed to be present for, listen to or record virtual counseling or speech sessions, and that such recordings could violate state wiretapping law. It provided the district with indemnity even if its services resulted in property damage, injury or death.
Advocates said they had not heard of any students without disabilities being made to sign such a waiver.
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Compensatory Services
At this time there has not been any guidance issued as to how compensatory services for students in special education will be administered. Due to the COVID-19 health emergency, many students' special education and related services have been disrupted or not taken place at all. As of now, the NJ Department of Education has not said how compensatory services will be determined or provided. We will keep everyone updated as we learn anything new.
Graduate Timeline
For students in Special Education who will be graduating in June and were moving into Division of Developmental Disability (DDD) services, DDD published an annual timeline to help families and students plan for the future. With the closure of school for the rest of the school year, and no word on how Extended School Year will be provided, DDD is reviewing the timeline to determine if changes need to be made. We will distribute the new timeline if and when changes are made. To register for a DDD webinar on the 2020 Graduates and applying for DDD Services,
click here.
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Early Intervention Update
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Children with developmental delays and disabilities from birth to three are eligible to receive services through the NJ Department of Health Early Intervention Services system. This system has also undergone significant changes in order to continue to provide services to children and families during the COVID-19 pandemic.
Resources for families with children ages birth to five include the
Family Matters website. This website is packed with great information, it's interactive and has wonderful resources for families. The following is included: a Resource library, Video library, information about the NJ Early Intervention System, information on Transition to Preschool, Activities to do at Home with Kids, Self Care/Family Care, Strengthening Families, Telehealth Services in EI (and what it looks like), the Many Benefits of Early Intervention, The Power of Play, Everyday Learning Opportunities, Resources in Spanish, Virtual Events and Webinars, and News and Announcements.
Another resource is the
REIC Family Support Network, where if a family subscribes, they can receive a weekly newsletter that provides many resources and information about Upcoming Events, Parent Tips & Strategies, topics on Child Development, and Self Care/Family Care.
In addition, our advocacy partners at SPAN have created a fact sheet and FAQ on Early Intervention Services during the COVID-19 health emergency. To see the Fact Sheet,
click here.
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DD Network Partners Virtual Town Halls: Continuing the Conversation - COVID-19 with a Focus on Children
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Disability Rights New Jersey and their developmental disabilities network partners, The New Jersey Council on Developmental Disabilities and The Boggs Center on Developmental Disabilities, along with invited guests from the Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families, are hosting two additional virtual town hall meetings to continue their conversation on the COVID-19 pandemic. Click on the date of the Town Hall you wish to attend to access the registration page.
Speakers will be Dr. Kim Buxenbaum, Director of the Office of Special Education and Dominic Rota, Director of the Office of Special Education Policy and Dispute Resolution. DRNJ staff attorney Robert Robinson and DRNJ Legal Director Rebecca Shore will also be on hand to answer questions.
Guest speaker will be Mollie Greene, Assistant Commissioner of the Children's System of Care.
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