Petition on IDEIA 2004 Implementation :
We Stand in Agreement to Maintain Strong NJ Special Education Law

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NJ SPECIAL EDUCATION CODE CHANGES SURVEY 2005 

  1.  Short term objectives & benchmarks

Current federal law and state code require IEPs to contain both annual goals and short-term objectives or benchmarks.  The new IDEA eliminates the requirement for short-term objectives or benchmarks. 

  1. Do you want the State Code to retain the requirement for short-term objectives
    or benchmarks?   Yes            No
  2. Please let us know why short-term objectives or benchmarks have been or have not been important to your child.

 

  1. Periodic Report to Parents

Under current federal law and state code, the periodic report to parents must inform parents of their child’s progress and whether the progress is sufficient to meet the annual goals by the end of the year.  The new IDEA eliminates this requirement. 

  1. Do you want the State Code to retain this requirement?  Yes            No
  2. Please explain why the periodic report has been or hasn’t been important for your child’s development.

 

  1. Presence of General Educator at the IEP Meeting

Federal law and state code currently require the general education teacher to be at your child’s IEP meeting.  The new IDEA allows the general educator or other members of the IEP team to be “excused” from the IEP meeting (with your consent). 

  1. Do you want the State Code to require the participation of the general educator and all other team members at each IEP meeting?            Yes            No
  2. Please explain why it has been or hasn’t been important to you to have for the participation of the general educator and all IEP team members at every IEP meeting.

 

  1. Transition to Adult Life

Federal law and state code currently require transition to adult life to be discussed at your child’s IEP meeting as soon as they turn 14 years old.  The new IDEA raises that age to 16. 

  1. Do you want the State Code to retain the requirement to have transition discussed at the IEP meeting for the year during which your child turns 14?            Yes            No
  2. Please explain why it has been or hasn’t been important to you to discuss transition needs at the IEP meeting during the school year when your child turned 14.

 

  1. “Stay-put”/pendency placement for students
Currently, federal law and state code protect the right of classified students to stay in their current setting if their parent challenges a disciplinary removal from school via mediation or due process, unless the student used/possessed drugs or weapons or was removed by a hearing officer for dangerous behavior.  The new IDEA eliminates this requirement and says that the student will stay in the district’s suspension setting during the time the parent is challenging their removal.
  1. Do you want the State code to retain the “stay-put”/pendency placement protection for suspended students?

Yes            No

  1.   Please explain why this protection has or hasn’t been important to your child.

 

  1. Three year IEPs

Current federal law and state code require an annual review to develop your child’s IEP every year.  The new IDEA allows states to request permission to develop three-year IEPs, with parental consent. 

  1. Do you want the State to maintain the requirement for an annual IEP? Yes            No
  2. Please explain why has been or hasn’t been important for your child to have a complete IEP meeting every year.

 

  1. Related Services

Current federal and state regulations include “school health services,” “social work services in schools,” and “parent counseling and training” as related services.  The new IDEA does not include these related services. 

  1. Do you want the State to maintain these related services?            Yes           No
  2. Please explain why it has been or hasn’t been important for  you to have these related services available.

 

  1. Transition to Preschool Services

Current federal law and state code require a free, appropriate public education to be provided to all children with disabilities once they turn 3.  The new IDEA allows states to give parents the option to continue with an Individualized Family Services Plan (IFSP) once their child turns 3.  If parents choose this option, their child is not entitled to a free, appropriate public education and may have to pay for services under a sliding fee scale as is currently the case with early intervention in New Jersey. 

  1. Do you want the State to maintain the mandatory provision of a free, appropriate public education to all children with disabilities once they turn 3?            Yes            No
  2.   Please explain why this is/isn’t important to you.

 

  1. Other Issues

Please provide information on any other areas you believe must be addressed in the new state code and why.

    Name:
    Address:
    Address Line 2:
    City: State: Zipcode:
    Phone:
    Fax:
    Email address:

    17. Are you interested in working with us to maintain these protections in the State Code? Yes     No

 

 

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