FOR RELEASE. March 3, 1998

BUONO PROTESTS CHANGES IN SPECIAL EDUCATION REGULATIONS;
PUSHES FOR LEGISLATION
TO ESTABLISH "PARENT AND CHILD ADVOCATE"

(TRENTON) - Acting as both legislator and a mother experienced with special education, Assemblywoman Barbara Buono today protested proposed changes in special education regulations that the State Board of Education will consider at their meeting tomorrow March 4th.

"These changes stand to limit placements and hinder a student's ability to receive the educational services they require and deserve," Buono commented. New Jersey has led the nation in providing special education services. This would be a terrible step backward for our children."

Close to 1,200 parents, advocates, teachers and other interested parties have provided oral and/or written testimony to the State Board. Nearly all of the comments have been critical of the proposed changes. "With such an overwhelming amount of opposition to these proposed regulations, I urge the Board of Education to return these regulations to the State Department of Education for further review and revision."

Buono pointed to several problems in the proposed changes:

• The State is proposing a revised definition of "neurologically impaired" that would allow only those children with traumatic brain injury to be eligible for services--- only 41 students statewide. No mention is made of what will happen to the other 25,553 students who would no longer be eligible under the proposed change;
• The State's proposal would reduce oversight on private clinics and agencies which provide special education services. These clinics and agencies would be required to report only when major changes were made, instead of the current annual state review;
• Instead of interacting with a regular team of professionals, proposed regulatory changes could force parents to deal with different staff members at various times.

The proposed regulatory changes have come under fire from many groups, including the Association for Children of New Jersey, the Tourette Syndrome Association of New Jersey, the New Jersey Education Association, the Statewide Parents Advocacy Network, Education Law Center, New Jersey Parent-Teacher Association and others.

"This proposal will not only affect children with special needs but all students," said Buono. "If students with special needs flood regular classrooms without the necessary support and resources, every student will suffer the consequences."

Assemblywoman Buono will also discuss her legislation (A-1722) that would establish an independent "Office of the Parent and Child Advocate" within the Department of Education. The legislation was recently introduced in response to the manner in which these regulatory changes were developed, with little or no input from parents or those representing special needs students. Further, some of the proposed changes will limit the rights of parents in dealing with the state.

"Parents too often feel as if they are fighting the great monolith of all state government whenever they experience a problem with their classified child," commented Buono. "This legislation would create an independent "Office of the Parent and Child Advocate" to guide parents through our special education laws as well as to represent their interests in dealing with the state and local boards of education." Co-sponsored by her colleague, Assemblyman Peter J. Barnes, Jr., other specifics of the legislation include:

• The new Office may represent a child in any mediation or arbitration proceeding or a process hearing and provide information to parents or guardians on special education or any other services or programs within the Department of Education;
• Funding for the Office will be provided equally by the Department of Education and the Office of the Public Defender;
• Services are provided free to parents or guardians whose annual gross income is under $100,000. Those over the $100,000 threshold will be required to pay for the services provided by the Office.

PRESS CONTACT: Peter V. Yeager