Disability Rights NJ; Education Law Center;
Statewide Parent Advocacy Network; the Arc of NJ
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NJ had poor performance in the area of LRE
◦ Well below national average for students included
80% or more of the school day
◦ Over 85% of all preschoolers segregated
◦ Significant disproportionate representation of
students of color in the most segregated
placements
◦ Worst state in the nation with highest rate of outof-district placement (3x national average)
Disproportionality
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Students of color struggling in the classroom
are more likely than white students with similar
academic & behavioral performance to be:
◦ Identified as having a disability
◦ Identified as having cognitive/intellectual or
emotional disabilities (disabilities that have the
highest rates of segregation)
◦ Placed in a self-contained class as the first special
education placement
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This over-identification & segregation has
devastating consequences
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Decades of research demonstrate that
students with disabilities, including
significant cognitive disabilities & autism,
benefit from inclusion
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Preschoolers with disabilities develop greater
speech, physical & social skills, & academic
knowledge through interaction with nondisabled peers than in segregated settings
Interaction with typically developing peers is
more effective in improving communication
skills than one-on-one speech therapy
provided in segregated settings
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Higher expectations by parents & educators
Improved access to the general curriculum
Improved language & reading skills
Higher grades
Higher scores on standardized tests
Larger friendship networks
Improved attendance
Higher self-esteem
Higher rates of graduation
Higher rates of employment & post-secondary
education
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Students without disabilities perform
substantially better in reading & math in
inclusive settings & demonstrate social &
developmental benefits including improved
understanding of & relationships with
children with disabilities
No negative impact on academics for
students without disabilities
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Longstanding advocacy efforts
◦ NJ DD Council Education Committee Still Separate &
Unequal Report & follow-up reports with data,
analysis, & recommendations
◦ NJ DD Council Still Separate & Unequal campaign
comparing racial segregation in special education
placements with racial segregation prior to Brown v.
Board of Education
◦ Efforts to influence NJ DOE via participation in the
State Performance Report & Annual Performance
Report goal-setting & improvement activities
◦ Multiple meetings with NJ DOE & advocates to come
to agreement on needed improvement steps
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Filed lawsuit in 2007
State filed motions to dismiss alleging:
◦ Plaintiffs had not exhausted administrative remedies
◦ Plaintiffs did not have “standing” to bring lawsuit
Judge denied motions & allowed case to proceed in
2008-09
NJ DOE appealed, 3rd Circuit Court of Appeals denied
their motion
Plaintiff “discovery” efforts included review of student
records, parent surveys, consultation with experts;
plaintiffs & defendants conducted multiple
depositions leading to renewal of discussions
Intensive discussions in 2012-2013
Settlement finalized in February, 2014
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Disability Rights NJ
Education Law Center
Statewide Parent
Advocacy Network
The Arc of NJ
Plaintiffs
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Disability Rights NJ
Education Law Center
Freeman, Carolla,
Reisman, & Grant
Lowenstein Sandler
Todd Wilson, LLC
Attorneys
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NJ DOE failed to ensure that all
students with disabilities,
including preschoolers, schoolage students, and minorities,
were provided FAPE in LRE
Children inappropriately &
unnecessarily sent to selfcontained or more restrictive
settings, including out-of-district
Children denied in-class aids,
services, & accommodations
needed to succeed in general
education classroom
Students with disabilities
disproportionately assigned to
basements & other less desirable
classroom locations
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LRE Needs Assessment in
76 districts
◦ 9/2014-12/31/2014
◦ Use of collaborativelydeveloped protocol
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On-site monitoring of 76
districts by NJDOE
◦ 10/2015-2/2016;
10/2016-2/2017; end of 3
year settlement period
◦ Use of collaborativelydeveloped protocol with
classroom observations &
staff & parent interviews
Identifying Needs
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Development of annual
Training & TA plans for
76 districts
◦ 3 consecutive years starting
7/15/2015
◦ At least 4 LRE training &/or
TA sessions/year/district (at
least 3 hours long each)
◦ Annual topical interactive
webinar
◦ Mandatory training for
specific staff & inclusion
facilitators for noncompliant districts
Improving Services
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Contracts with preschools
Inclusive school climate
Analyzing data
UDL & Model Curriculum Scaffolds
Modified curricula
Differentiated instruction
Supplemental aids & services
Adapted curriculum, instruction,
materials
Co-teaching models
Use of itinerant providers
Transportation
Facilities planning
Design & implementation of
appropriate policies & programs
Providing support in typical early
childhood settings
Preschool Students
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General education supports
Inclusive school climate
Analyzing data
UDL & Model Curriculum
Scaffolds
Modified curricula
Differentiated instruction
Supplemental aids & services
Adapted curriculum, instruction,
materials
Co-teaching models
Use of itinerant providers
Transportation
Facilities planning
Design & implementation of
appropriate policies & programs
School-Age Students
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See all Preschool & SchoolAge topics
Additional topics:
◦ Cultural/racial/ethnic
awareness, culturallyresponsive education, &
culturally-competent & nondiscriminatory evaluations
◦ Intersection of patterns of
race, disability, & Limited
English Proficiency
◦ Strategies to address
disproportionate placement
in more segregated settings
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Survey (Professional Development Evaluation)
administered to each individual participant at end
of each training & TA session; results shared with
Stakeholder Committee within 30 days
NJDOE must assess implementation & efficacy of
each Annual Training & TA plan, including:
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Classroom observations
Review of individual IEPs & other student records
Review of placement data including race/ethnicity
Review of district procedures
Interviews of staff & parents using mandated tool
May include review of lesson presentation & co-teaching
methods
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76 districts in 18 counties
45 preschool(4 non-compliant)
38 school-age (8 non-compliant)
10 disproportionality
3 across all 3 groups; 11 across 2
groups
◦ At least 1 district in every county
except:
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 Hunterdon
 Sussex
 Warren
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Represent 25-30% of all
students with disabilities in NJ
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Barnegat Township
Bayonne
Bloomfield Township
Bridgewater-Raritan Regional
E. Windsor Regional
Edison
Englewood City
Evesham Township
Gloucester Township (Camden County)
Hackensack
Hamilton Township (Mercer County)
Hillsborough Township
Howell
Jackson Township
Jefferson Township
Jersey City
Livingston
Manalapan-Englishtown Regional
Manchester Township
Marlboro Township
Monroe Township (Gloucester County)
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Mount Laurel
Mount Olive Township
New Brunswick
Newark
North Bergen
Ocean Township (Monmouth County)
Passaic City
Paulsboro
Pittsgrove
Plainfield
Rahway
Randolph Township
Rockaway Township
Sayreville
Stafford Township
Trenton
Wall Township
Washington Township (Gloucester County)
West Deptford Township
Westfield
Woodbridge Township
West Orange
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Asbury Park
Atlantic City
Burlington Township
Camden City
Carteret Borough
East Orange
East Windsor Regional
Edison
Elizabeth
Elmwood Park
Franklin (Somerset)
Garfield
Greater Egg Harbor
Hackensack
Irvington
Lakewood
Lenape Regional
Linden
Livingston
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Middle Township (Cape May County)
Morris School District
Newark
North Brunswick
North Plainfield
Passaic City
Pennsauken
Perth Amboy
Plainfield
Pleasantville
Rancocas Valley Regional
Roxbury
South Orange-Maplewood
Trenton
Union City (Hudson County)
Westwood Regional
Willingboro
West Orange
Woodbridge Township
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East Windsor
Regional
Elizabeth
Jersey City
Lakewood
Millville
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Montclair
Newark
South OrangeMaplewood
Toms River
Trenton
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All 3 groups:
◦ East Windsor Regional
◦ Newark
◦ Trenton
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2 groups:
Edison
Elizabeth
Jersey City
Hackensack
Lakewood
Livingston
Passaic
Plainfield
South OrangeMaplewood
◦ West Orange
◦ Woodbridge Township
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Other Settlement Components
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Full-day mandatory LRE training for NJ
DOE complaint investigators prior to
2015-2016 school year
NJDOE employees with training in
inclusive practices & who have
experience in providing training & TA
on inclusion/LRE (State Inclusion
Facilitators) made available to districts
State Inclusion Facilitators must reach
out to each district at least monthly to
offer to provide assistance, including
on-site assistance if appropriate, re: LRE
Must provide on-site assistance to each
designated district that requests it up to
combined total of 5 on-site visits
multiplied by # of compliant districts
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Parental input
◦ NJDOE must contact each SEPAC prior to each district
monitoring to offer to talk with random sampling of
20 parents of students representing variety of
placements, disabilities, racial/ethnic groups, grades
◦ SEPAC members invited to attend at least 1 training in
each district each year
Stakeholder Committee
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Review of:
◦ LRE Needs Assessments & written summary of
patterns of need
◦ Monitoring reports & placement data
◦ Draft annual Training & TA plans & webinar topics
◦ Evaluations of each LRE training & TA session
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Recommendations for:
◦ Areas of need
◦ Proposed annual Training & TA plans & webinars
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Opportunity to attend LRE trainings to which
parent advisory groups are invited
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Mary Ciccone, Disability
Rights NJ
Sue Gottesman, NJ Council on
Developmental Disabilities
Debra Jennings, Statewide
Parent Advocacy Network
(SPAN)
Paula Lieb, NJ Coalition for
Inclusive Education
Jerry Petroff, The College of NJ
Renay Zamloot, Advocate
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LRE Needs Assessment
(9/2014-12/31/2014)
NJDOE develops written
results of needs
assessments & written
summary of patterns of
need & shares with
Stakeholder Committee by
1/15/2015
NJDOE holds meeting with
Stakeholder Committee
within 21 days to discuss
NJDOE must consider
feedback & implement as
appropriate
Needs Assessments
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NJDOE provides draft Annual
Training & TA Plan by
3/15/2015 including webinar
topic
NJDOE holds meeting with
Stakeholder Committee
within 21 days to discuss
NJDOE provides at least 4
training/T A sessions to each
district starting on 7/15/15
NJDOE holds topical
interactive webinar
NJDOE provides Year 2 & 3
Training & TA Plans to
Stakeholder Committee by
6/15/16 & 6/15/17
Training & TA
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NJDOE monitors each
identified district between
10/2015-2/2016 to
determine LRE compliance
NJDOE provides copy of
completed monitoring to
Stakeholder Committee
NJDOE meets with
Stakeholders within 21 days
to discuss
NJDOE monitors each
district between 10/20162/2017 (same process)
Annual Monitoring
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NJDOE completes final
monitoring at conclusion of
Year 3 Training & TA
activities
NJDOE provides Stakeholder
Committee with final LRE
Monitoring Reports within
10 days of issuance
Settlement is concluded
with NJ DOE submission of
final LRE Monitoring
Reports to Stakeholder
Committee
Final Monitoring
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By 7/2015, NJDOE directs
each non-compliant district
to designate at least 1
teacher, CST member, or
administrator, who is
knowledgeable about LRE,
to be a resource person for,
& provide TA to, other
district staff regarding LRE
during Settlement period
District may contract with
experienced LRE/ inclusion
expert
Inclusion Facilitators
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By 9/1/2015, NJDOE
contracts with designated
LRE expert to provide full
day of mandatory LRE
training for complaint
investigators
Complaint Investigators
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Share information about
the settlement with
parents & professionals
Go to School Board
meetings & SEPAC
meetings to ask
questions about
implementation
Informally monitor
implementation; share
concerns with
Stakeholders & Plaintiffs
In covered districts
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Share information about
the settlement with
parents & professionals
Review the LRE Needs
Assessment & Monitoring
tools; share with School
Board, Superintendent,
principal, SEPAC, others
for possible use in your
district
Monitor your district’s
LRE data
Not in covered districts
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Disability Rights NJ
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Education Law Center
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Statewide Parent Advocacy
Network (SPAN)
◦ Joe Young, Mary Ciccone or
◦ Ruth Lowenkron
◦ 609-292-9742
◦ Elizabeth Athos
◦ 973-624-1815
◦ Diana Autin or Debra Jennings
◦ 973-642-8100 x 105
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The Arc of NJ
◦ Tom Baffuto
◦ 732-246-2525