Trenton Shouldn't Make It Harder
For Special-Needs Kids
Street Talk (Daily Record March 4, 1998)
By Faith W. RICE
I am president of the Tourette Syndrome Association of New
Jersey Inc. I am writing to express the association's deep
concerns regarding the proposed changes to the Special Education
Administrative Code, which the State Board of Education will
vote on publishing in the New Jersey Register at their meeting
today.
The reaction of the many advocates, professionals and parents,
who have testified at the fourboard hearings regarding the
proposed changes has been overwhelmingly negative. Such a
dissenting public outcry cannot be dismissed are asking the
State Board of Education to withdraw the commissioner's proposal
and send it back to the state Department of Education for
major revisions.
It is our view that if the proposed changes are adopted,
children with Tourette Syndrome and other disabling conditions
will experience a significant reduction in the level of services
and protections they now receive.
In fact, many children currently a receiving services may
no longer be eligible for any special education and/or related
services.
One proposed change, which will have particularly drastic
impact on children with Tourette Syndrome, is the proposed
new definition of "neurologically impaired".
Children with Tourette Syndrome and other disabling conditions
will experience a significant reduction in the level of services
and protections they receive.
Under the present code, one of the disabling conditions
that currently entitles a child to special education services
is "neurologically impaired," a condition that is defined
as a specific impairment or dysfunction of the nervous system
or traumatic brain injury." Tourette Syndrome is a neurological
condition and children with Tourette Syndrome who need special
education and/or related services are generally classified
as neurologically impaired."
The proposed regulations would redefine "neurologically
impaired" to apply only to those children who suffered a traumatic
brain injury. If the proposed new definition of "neurologically
impaired" is enacted, children with Tourette Syndrome may
no longer be eligible for any special education and/or related
services!
If the proposed changes to the code are adopted, there will
also be a reduction in the level of student guarantees presently
afforded New Jersey's special education population.
Examples include: the narrowing of the definitions to determine
eligibility for special education and related services so
that fewer students will be eligible for services; an increase
in class sizes; a reduction in the number of required evaluations;
provisions that will allow occupational and physical therapy
to be provided by non-certified "therapy assistants," and
deletion of mediation as an option at a pre-hearing conference.
Furthermore, if the proposed changes are adopted, there
will be a reduction of the level of oversight and accountability
on the parts of the state, local school district, and individual
staff members.
Examples include: the use of different teams and members
to determine evaluation, eligibility and development of the
IEP, and provisions that will allow each district to develop
its own formula for determining "severe discrepancy," which
is required for eligibility for classification Perceptually
Impaired.
In addition, I call to your attention the fact that the
proposed changes to the code are in serious conflict with
requirements under current federal law.
Our children are our future; they should not be held hostage
to a shortsighted budget-oriented proposal that will have
a long-term devastating impact on New Jersey's children with
special needs. We urge the Board to return these proposed
changes to the Department of Education so major revisions
can begin immediately.
FAITH W. RICE of Califon is president of the Tourette Syndrome
Association of New Jersey
Daily Record, Morris County March 4, 1998 (Opinion)
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