 New Special Education Rules ApprovedAssociated Press (March 5, 1998) TRENTON - The state Board of Education on Wednesday approved draft rules designed to clarify when children are eligible for special education and how those services are delivered.
Critics say the proposed rules are aimed at saving money by reducing the number of children eligible for expensive special education services.
Education Commissioner Leo Klagholz denied that charge. He said the new rules would "redirect" resources away from bureaucratic costs and toward helping children with disabilities. But state officials did not rule but the possibility that some of the 202,000 children currently receiving special services would no longer be eligible under the new rules. "Any student who is eligible under the federal law would be eligible under our code," said Barbara Gantwerk, director of the State's special education services, But, if a student "wasn't classified appropriately before, it's possible" they could be kicked out of the special education system. A handful of parents picketed the state board meeting, saying the new rules would allow districts to cut services crucial to their disabled children. "If they start declassifying, these children will not be eligible for any services," said Lisa Hermann, who has three children in special education in Lambertville. "They will be stuck in the mainstream without any supports. They'd be expected to tread water." Some state board members shared her concern. "I don't want our children in the State of New Jeney going from a plan that seems to benefit most to the point where we are the HMO of special education in the United States," said board member Donald Addison Jr. The rules are not yet final. The board's action means the proposed code will be published in April. The public then has 30 days to comment before final action is taken. State officials hope the new rules will be in place by September. The rules are designed to bring New Jersey in line with a new federal law, called the Individuals With Disabilities Education Act. Under the proposed rules, the state wants to require districts to use a "formula" to determine which children should be considered "perceptually impaired," which accounts for 40. percent of all students in special education. Parents are worried about the proposal to narrow the definition of the "neurologically impaired" category, which accounts for 12 percent of special education students. Currently, students with a broad range of disabilities, including attention deficit disorder, currently fall under the "neurologically impaired" category. Under the new rules, only children who have suffered a traumatic brain injury would be considered neurologically impaired. Source: Express Times (Easton, PA) March 5, 1998, pg B-7 |
