Earlier this year, advocate groups in New Jersey entered into a settlement agreement with the New Jersey Department of Education (NJDOE) in a seven-year-old law suit intended to help ensure that children with disabilities are educated in the “least restrictive environment.”
Disability Rights New Jersey, Education Law Center, Statewide Parent Advocacy Network and the Arc of New Jersey cited New Jersey’s failure to monitor the implementation of the Individuals with Disabilities Education Act (IDEA). They alleged that students with disabilities were placed in programs outside their school district unnecessarily, and were denied the services, supports and accommodations they needed to receive an appropriate education in general education classrooms.
The agreement to the suit, filed in the U.S. District Court of New Jersey, requires the State of New Jersey to conduct a “needs assessment” of school districts identified as having high rates of out-of-district placements; requires the NJDOE to conduct site visits, interviews and classroom observations; provides for training and support to district personnel on inclusive practices; requires NJDOE to monitor certain districts for compliance yearly; and allows oversight by a committee made up of disability advocates.
In 2007, the year in which the suit was filed, about 10 percent of students with disabilities were placed in programs outside their home district. By 2012, that percentage had dropped to 7.8. The settlement became effective upon the judge’s February 19, 2014, signing of the order.
To read the settlement agreement, click here.
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