Special Education Changes Advance
Parents Fear Rules Will Hurt Children
By Nick Chiles STAR-LEDGER STAFF
As a dozen parents protested outside, the state Board of Education adopted draft
rules that would impose large-scale changes in the way schools evaluate and
classify special-education students. On the picket line outside the state Education
Department headquarters in Trenton, parents and special-education advocates
protested that the rules are aimed at saving money by reducing the number of
children eligible for expensive special-education services.
But state officials denied that. stressing that all students who are eligible
for special-education services still will be eligible it the changes are implemented.
They said the changes will improve services to the state's 202,900 special-education
students, and that some local educators have said the changes could actually
increase costs.
"People are understandably concerned that their children will be left out,"
Barbara Gantwerk, director of special education for the state, told the board.
"Since it was never our intention to disenfranchise students with disabilities.
we're willing to add more language to make it clear that all students with disabilities
will be covered."
With 17 percent of the state's 1.2 million public school students in special
education, New Jersey has the second-highest classification rate in the country
next to Massachusetts.
The official action taken by the state board yesterday was to approve, 9-3,
the publication of the special-education regulations in the New Jersey Register,
a necessary step toward adopting them. The state board may vote at its June
meeting to make the changes permanent.
Parents and public officials across the state filled an earlier series of public
hearings to voice concern about the proposed changes in the education administrative
code. Yesterday, board members and Diana Autin, co-managing director or State-wide
Parent Advocacy Network, acknowledged the state made significant improvements
to the regulations after listening to the public.
"We're pleased the board heard what the parents were saying" she said. Perhaps
the most controversial change is the proposal to eliminate the classification
of "neurologically impaired" and move the children with that classification
into other categories. About 12 percent (24,000) of the state's 202,000 special-education
students in 1996 were classified as "neurologically impaired" - the third-most
frequent classification. The most common classification was perceptually impaired
(40 percent), followed by eligible for speech/language services (24 percent).
Gantwerk, of the Education Department, said New Jersey and Connecticut are the
only two states to still use the term - and Connecticut is phasing it out.
Parents said they fear the elimination of "neurologically impaired" would result
in thousands of children - such as those with Tourette's syndrome - losing special-education
services.
Another area of debate is the state's largest category, "perceptually impaired,"
which includes learning disabilities like dyslexia that become apparent if evaluators
determine that there is a "severe discrepancy" between a child's ability and
school performance.
Some districts use formulas to determine what is a "severe discrepancy," while
others leave it up to the evaluation teams to decide. The new regulations propose
that every district use a formula, though the regulations don't specify what
the formula should be.
"What's a learning disability, as opposed to just not doing well?" asked Education
Commissioner Leo Klagholz. "In some districts, perceptually impaired includes
too many kids. There are so many ways to help kids. Special education is reserved
for the ones with disabilities. The goal here is to get the right help for kids."
Still apprehensive that they night be leaving somebody out, board members began
rewriting the code during the meeting, adding specific disabilities to the code
- such as Tourette's syndrome - so everyone would know exactly what was included
under the various categories.
"We have made it clear that we are listening to the parents and truly want to
do right by their children," said board member Anne Dillman of Perth Amboy.
Board member Donald Addison or 'Trenton opposed the change, saying the state
old not do enough monitoring of special education in New Jersey to ensure that
any of its changes would even make a difference.
"I can't support any change until we have a better implementation process."
Addison said as the parents and advocates in the audience enthusiastically applauded.
Addison was one of the three board members to vote against publication of the
code, joined by Wendel Daniels of Lakewood and Margaret Bennett of little Silver.
In Morris Township, Carole White-Connor, whose 8-year-old son, Patrick, is diagnosed
as "neurologically impaired," greeted the news with skepticism. She said she
feared eliminating or changing the definition of "neurologically impaired" would
result in more children being forced into the "perceptually impaired" category.
That, she said, could mean children who need special support being mainstreamed
into general education classes.
"I'm very concerned not just for my child," said White-Conner, an attorney.
"I worry about parents of kids from less affluent districts who can't hire private
counsel.
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