Federal law changes special ed.

Almost 300 Millstone students will be affected

BY JANE MEGGITT Staff Writer

BY JANE MEGGITT
Staff Writer

MILLSTONE — Recent changes in the federal Individuals with Disabilities Education Act (IDEA) will affect the school district.

Assistant Superintendent Mary Ann Donahue outlined the updated act at the Feb. 14 Board of Education workshop meeting.

“The district can anticipate savings in postage, booklets, substitute and attorney fees,” Donahue said. “There may be an increase in the number of students tested and classified as special needs, but less meeting time will be necessary.”

Donahue said IDEA was first authorized in 1975.

“Until that time, special education children were segregated from their peers in school systems,” Donahue said. “After IDEA became law, special needs students were mainstreamed into the general school population.”

Nationally, 6 million students, ages 6-21, are recognized as special needs youngsters, according to Donahue.

“That’s roughly 12 percent of all students,” Donahue said.

In Millstone, 286 students — which amounts to 16 percent of the student body — have special needs, according to Donahue.

“These students include those needing help with speech and language arts,” Donahue said. “Without those just requiring enrichment with speech and language arts, it is 13 percent.”

In New Jersey, generally 10 percent of special needs students have to travel out of their school district for their education, according to Donahue.

Millstone has seven students in grades K-8 who go out of district. Because Millstone sends all public high school students to the Upper Freehold Regional School District, that district sends 13 Millstone students elsewhere for special needs.

Donahue said the changes in IDEA aim toward bringing students back into their own district for education.

“Major changes in IDEA include stronger accountability, simplification of paperwork for communities and states, and an increase in choices and involvement for parents, as well as changes in funding, discipline and teacher quality,” Donahue said.

IDEA will require each child to have an Individualized Education Program (IEP), Donahue said.

“Stronger accountability means all IEPs must be measurable,” Donahue said. “In the past, plans were done for three years and listed objectives. Now, plans must be made annually with measurable goals.”

The new law also requires students to have access to regular education curriculum and all programs, Donahue said.

“Millstone is already on target with that requirement,” Donahue said.

IDEA will coordinate with No Child Left Behind (NCLB), which means all special education students will have to participate in state testing, according to

Donahue.

The state offers an Alternative Proficiency Assessment (APA) for students with special needs; however, only 1 percent of a school district’s body can take it, Donahue said.

“Only four students in Millstone received the APA this year,” Donahue said. “[But] up to 17 students could receive it and still be within the 1-percent margin.”

Donahue said merging IDEA with NCLB could create problems for the district.

“Two Illinois school districts are suing the federal government, charging that requirements for NCLB and IDEA are out of whack,” Donahue said.

There are also other changes in IDEA that could disappoint the school district, Donahue said. One such change states that districts may not use mediation or due process to obtain parental consent for initial evaluation or classification.

“That means if a parent says no to the idea of their child being in a special education program, there is nothing the district can do about it,” Donahue said.

In the district’s favor, however, Donahue said IDEA allows it to collect attorney fees for frivolous or malicious complaints, and to receive reimbursement of attorney fees when a parent or his or her attorney delays actions.

“Our district had one case where every meeting scheduled was canceled by the parents, while our attorney was still billing us,” Donahue said. “Cost sharing of services is also now allowed, and we could enter into an alternative program with Upper Freehold, which we were unable to do previously.”

IDEA does propose relief for the district in other areas, Donahue said.

Under the new IDEA guidelines, the state does not require “severe discrepancy” in order to classify a child as having special needs, according to Donahue.

“Formerly, a child who was attaining to ability could not be classified as a special education student,” Donahue said. “If the child had a borderline IQ but average test scores, the child could not be considered to have a handicapped condition.”

Donahue said the law will help more parents with special needs children get extra help.

Other changes will simplify what were time-consuming procedures. For example, Donahue said a change in an IEP can now occur without a meeting if all parties agree.]

“That is a huge money-saving item,” Donahue said. “Conference calls and video conferences are now permitted. Parents may also waive the need for special education teachers and members of the child study team to attend all meetings.”

As far as discipline goes, IDEA allows districts to make case-by-case decisions to remove students from class. An appeal of the removal would not place the student back in his or her original setting, according to Donahue.

“In the past, students would have to go back to their classroom until the lawsuit was settled,” Donahue said.

IDEA also requires the entire teaching staff to gain certification as teachers of the handicapped and to meet NCLB requirements, according to Donahue.

Donahue said the district may need to hire additional personnel to meet the needs of the potential increases in special needs classifications and the school population.

“All of these changes are awaiting N.J. Department of Education changes to the New Jersey Administrative Code,” Donahue said. “Subsequent changes in the Millstone district’s policies and regulations will also be needed.”