NJDOE’s Fiscal Accountability Regulations
The New Jersey Department of Education has published new “fiscal accountability” regulations (N.J.A.C. 6A:23A). These rules are intended to reduce costs, encourage efficiencies and push smaller districts to consolidate services. The rules include language that affects special education. In an effort to reduce placement in less restrictive programs, the regulations require local child study teams to inform the Executive County Superintendent any time they are considering an out-of-district placement. The county office will then provide the CST with information about programs opertated in other local districts that may be appropriate. If the CST determines that none of the programs suggested by the ECS are appropriate, the CST must write to the ECS to inform the ECS of their decision. Click here for the draft rules.
Misinformation and confusion about this role already is causing students with disabilities to be deprived of timely and appropriate services and placements. Many parents are being directly or indirectly told that the County must approve their child’s out-of-district placement. Students are being unilaterally pulled back into district programs which may or may not be appropriate. IEPs are being re-written and scaled back (i.e. fewer related services, shorter extended school year programs, shared para-professionals, consultative related services instead of 1:1) to offer a lower level of service available in a local district program.
In response to advocacy by Coalition members and their constituents, the legislature recently asked the Commissioner of the Department of Education to send a memo to school administrators and business officials and Directors of Special Education to clarify the rules. In that memo, she wrote that the regulations…
“…have no requirement for the ECS to review, recommend, approve, deny or overturn a determination of placement made by the Individualized Education Program (IEP) team…”
And…
“…the responsibility for determining the placement of a student with disabilities remains the sole responsibility of the IEP team, including the parent.”
The new rules do not limit the program options available for consideration by IEP teams. The Commissioner stressed that…
“the continuum of program options remains available for consideration by the IEP team,”
and the Commissioner stated that…
“The Executive County Office of Education is not charged to make a finding of noncompliance or to take any sanction against the local district when the IEP team determines that an in-district program is not the appropriate placement.”
For a copy of the Commissioner’s letter, please click here.
NJDOE has scheduled public hearings on the rules. Please click here for more information.
For a copy of the Coalition’s comments please click here.
Please share this information as widely as possible with parents, special educators, and school administrators.
