NJ STILL NOT PROTECTING RIGHT OF STUDENTS WITH DISABILITIES TO COVID-19 RELATED COMPENSATORY EDUCATION
The New Jersey Department of Education (DOE) is still failing to safeguard the right of students with disabilities to compensatory education to address learning and other delays resulting from pandemic school closures. The concern is raised in a notice to the DOE from prominent special education advocates that the Department’s “Guidance Regarding Compensatory Education Determinations for Students with Disabilities as a Result of COVID-19” falls short of meeting crucial federal and state legal requirements.
The DOE issued the guidance on March 3 in response to a demand by the New Jersey Special Education Practitioners (NJSEP), Education Law Center (ELC), SPAN Parent Advocacy Network (SPAN), and Family Voices NJ calling on New Jersey to step up efforts to defend the rights of students with disabilities impacted by the transition to remote learning over the last year.
The DOE guidance notifies schools to consider providing compensatory education to remedy missed education services. However, the guidance is far too incomplete and imprecise to adequately protect students’ rights and is deficient in the following respects:
- By not clearly stating that a failure to provide some or all services mandated by students’ Individual Education Programs (IEP) must be made up;
- By not acknowledging that Third Circuit Court precedent requires missed services be made up 1:1;
- By not establishing a deadline by which compensatory education determinations must be made;
- By failing to require that denials of compensatory education be documented in writing; and
- By not establishing mechanisms, such as district plans for compensatory education and an expedited hearing process, to improve implementation of compensatory education.
“Students with disabilities have disproportionately suffered from the COVID-19 school closure,” said Rebecca Spar, a special education law expert and ELC Trustee. “The DOE guidance fails to fulfill the State’s affirmative responsibility to make sure these students are provided with the services they are entitled to by law and don’t fall even further behind.”
“Parents and school district officials need much stronger and better direction from the DOE about the rights of students with disabilities to compensatory education,” said Elizabeth Athos, ELC Senior Attorney. “We urge the DOE to promptly correct its guidance to avoid significant violations of student rights.”
Lower income parents whose children did not receive critical education services during the pandemic and whose schools are not offering make-up services are encouraged to reach out to ELC. Requests for legal assistance can be made by calling ELC’s intake line at 973-624-1815, ext. 30.
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Press Contact:
Sharon Krengel
Policy and Outreach Director
skrengel@edlawcenter.org
973-624-1815, x 24
Press Contact:
Sharon Krengel
Director of Policy, Strategic Partnerships and Communications
skrengel@edlawcenter.org
973-624-1815, x240