New Jersey Education Dept. Under Fire for Special Education Policies
A federal judge has ruled that advocacy groups for students with disabilities can proceed with a case against the New Jersey Department of Education.
An internal press release shows that the Education Law Center, along with several other parties including the Arc Group, is pursuing a case against the NJDOE regarding the environment provided for special education students in Newark schools.
The issue appears to be related to how students are grouped into classes. Guidelines provided by federal legislation called the IDEA or Individuals with Disabilities Education Act require that students with disabilities be given the “least restrictive environment.” To advocates for the disabled, this means grouping them with non-disabled peers. The lawsuit charges that the state of New Jersey grouped disabled students together in segregated classes.
Many feel that the issue at hand reflects a larger pattern within the state. The Education Law Center press release states, “For years, New Jersey has had the worst record in the nation in complying with the IDEA and Section 504 mandates…”
Now, reports including a Feb. 8 article in the New York Times indicate Judge Katherine S. Hayden of Federal District Court in Newark denied the state’s motion to dismiss the case that, according to reports from the ELC, was based on claims that the IDEA was not meant as a strict and formal requirement for schools.
The case against New Jersey’s education administration is likely to spark more debate on how schools must comply with legislation intended to help disabled students realize their rights as citizens. This case could become an important part of future education law as states and municipalities try to manage special needs departments with tight budgets and advocacy groups and families demand the best education for those with developmental disabilities.
Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm founded by... Michael Monheit→
