New Jersey Department of Education NJAPSA NJPSA Special

New Jersey Department of Education NJAPSA & NJPSA Special Education Directors’ Toolkit Friday, November 2, 2018

Thank You For Inviting Us Today, We Will: • Provide an overview of the Department of Education; • Discuss how education policies will create a stronger and fairer New Jersey; • Describe Commissioner Repollet’s ACE process; • Describe the offices and program areas within the Division of Student Services; • Discuss the Division’s key initiatives; and • Address your questions and comments. 2

Streamlining the Path Toward Success for Every Student In New Jersey The New Jersey Department of Education (NJDOE) supports schools and districts to ensure New Jersey’s 1. 4 million students have equitable access to high quality education and that they achieve academic excellence. 3

About the NJ Department of Education • 5 Divisions led by Assistant Commissioners. • Executive Services: Legal Affairs, Legislative Affairs, School Ethics, Public Affairs • Finance: School Finance, Budget, Accounting, School Facilities, State Monitors • Academics & Performance: Assessments, Teacher Certification, Early Childhood Education • Field Services: District Intervention, County Offices of Education • Student Services: Special Education Programs, Policy & Dispute Resolution, Fiscal and Data Services, Student Support Services, Supplemental Educational Programs & Holocaust Commission 4

Organizational Chart 5

Reimagining Education in NJ Governor Murphy called for us to move towards a Stronger and Fairer New Jersey • To achieve this we are creating a new educational system that supports teaching, leading and learning. • These initiatives call for a seamless pathway including Pre-K Expansion and innovative K-12 curriculum ensuring post secondary success. Stronger Fairer NJDOE 2. 0 6

Our Approach • We are an organization that disrupts the status quo and creates an innovative and progressive educational system built for all students to succeed in the 21 st century. 7

NJDOE 2. 0 Our Model for Continuous Improvement A. C. E. is the iterative and inclusive process of Assessing, Creating and Executing all work within the department. 8

NJDOE 2. 0 Theory of Action We will become a model organization that strengthens teaching, leading and learning in order to increase educational equity for all students. Therefore, we must focus on: 9

The Division of Student Services Student Support Services Special Education Programs Supplemental Educational Programs Special Education Policy and Dispute Resolution Fiscal and Data Services Commission on Holocaust Education 10

Student Support Services • Social and Emotional Learning • HIB, Culture and Climate • NJ Tiered Systems of Support • Alternative High Schools 11

Supplemental Educational Programs • Title Programs • Bilingual education • Services for displaced, migrant, and at-risk youth 12

Fiscal and Data Services • Administers numerous federal and state education grants • Manages various program data • Ensures program work is “data and dollar driven” • Serves as watchdog and ensures fiscal integrity 13

Special Education Programs • Professional Development and Technical Assistance • Transition services • County Supervisors of Child Study Teams • Learning Resource Centers 14

Special Education Policy and Dispute Resolution • Special Education Dispute Resolution System • Monitoring of schools and programs • Clinics, Agencies and Approved Private Schools for Students with Disabilities • Administrative Code, Policy and Legal Questions 15

Commission on Holocaust Education • Established nationally acclaimed genocide awareness curriculum • Promotes Holocaust education • Coordinates programs and events that provide appropriate memorialization of the Holocaust 16

Key Division Initiatives • Social and Emotional Learning • Child Study Team Reform • Fiscal Integrity and Alignment of Resources • Special Education Dispute Resolution Reform 17

Social and Emotional Learning (SEL) • Refers to the process by which children and adults acquire and effectively apply the knowledge, attitudes and skills necessary to: • Understand manage emotions; • Set and achieve positive goals; • Feel and show empathy for others; and • Make reasonable decisions. • Ensures a “whole-child” focus. • Students in SEL programs are more likely to attend school and receive better grades, and less likely to have conduct problems. 18

Social and Emotional Learning (SEL) • SEL framework includes the following competencies: • Self-awareness; • Self-management; • Social awareness; • Responsible decision-making; • Relationship skills; • These areas provide students the skills they need for success in postsecondary education, careers and adult life. Practice tip: When considering SEL programs, it is important to include the adults. 19

Child Study Team Reform • Targeted TA and PD for Child Study Teams. • Trainings will focus on: • Decision-making skills; • DLM participation; • Development of student-centered, school-year IEPs; • Strategic use of 1: 1 aides and paraprofessionals; • ESY; and • Provision of speech language services. • Training will also include general education teachers and business administrators. 20

Child Study Team Reform • We plan to conduct regional meetings with Superintendents, Board Members, BAs, Directors, and CSTs beginning in early 2019. • We plan to issue Policy and Procedure Guide for Directors and Model IEP Guidance. Practice tip: education Ensuring CST members become a greater part of the fabric of the school building reinforces the message that special is not a place. 21

Office of Fiscal and Data Services • Created as part of the Department reorganization to ensure alignment with the Commissioner’s vision. • Oversees all fiscal work related to IDEA, SEMI, ESSA, 21 st Century Community Learning Centers Programs, REAP, Mc. Kinney Vento, and Temporary Emergency Impact Aid. • Supports data analysis and fiscal management for IDEA, SEMI, and ESSA as well as state initiatives. 22

Office of Fiscal and Data Services • Previous structure resulted in duplicative work. • Each office within the Division maintained its own budget, fiscal procedures and correspondence with the Office of Budget and Accounting. • Under the new system – all information flows from the Office of Budget and Accounting to the Director to the Assistant Commissioner. 23

Office of Fiscal and Data Services Mission: • To provide high quality data and fiscal integrity by collaborating with offices throughout the Department to support positive educational decision-making. Vision: • To support the collection, analysis, and provision of high-quality data and fiscal services, which promote informed decisionmaking, and lead to equitable programs for students. 24

Office of Fiscal and Data Services Goals • Improve documentation of procedures and practices. • Better utilize office resources and knowledge. • Provide training and technical assistance to LEAs. • Align our work with the Department’s priorities. 25

Office of Fiscal and Data Services • Combining the data work into one office allows for improved communication and support for the staff and, in turn, for the stakeholders we support. • “Job-alike” staff responsibilities instead of “silos. ” • Improve communication, efficiency, ability to support the Department, stakeholders, and LEAs. 26

Office of Fiscal and Data Services Fiscal Data • IDEA Grant • ESSA • Temporary Impact Aid • Mc. Kinney-Vento • SEMI • • • IDEA SEMI ESSA SSDS CSPR 27

Office of Fiscal and Data Services - Fiscal • Individuals with Disabilities Education Act Part B Grant • SPP/APR • SEMI and Extraordinary Aid • Every Student Succeeds Act • Temporary Impact Aid • Mc. Kinney-Vento 28

Office of Fiscal and Data Services - Data • Individuals with Disabilities Education Act • SEMI • Every Student Succeeds Act • Student Safety Discipline System • Consolidated State Performance Report 29

Office of Fiscal and Data Services • We look forward to working collaboratively with you and your districts. • Please let us know how and where we can help. 30

Office of Special Education Policy and Dispute Resolution • Conduct complaint investigations alleging special education violations. • Administer the special education dispute resolution system. • Monitor schools, and programs. • Approve Clinics, Agencies, and Private Schools for Students with Disabilities. • Develop policy guidance, and address legal questions. 31

Complaint Investigations • Investigation procedures include interviews with complainant, district personnel, and on-site review of relevant records. • When noncompliance is identified, a Corrective Action Plan (CAP) is ordered. • CAP may address procedural deficiencies, and may also include the provision of compensatory services to impacted student(s). • Investigations are completed, and reports are issued within 60 days. 32

Special Education Dispute Resolution • Mediation Conferences • Resolution Meetings • Due Process Hearings 33

New Jersey Remains a High Volume State • In 2015 -2016, more than 19, 000 requests for due process hearings were filed nationally. • Six states (including NJ) accounted for approximately 90% of the due process hearings conducted. 34

Number of Disputes Filed SFY 2014 – SFY 2018 2, 000 1, 707 1, 800 1, 697 1, 749 1, 811 1, 477 1, 400 1, 200 1, 000 800 600 400 200 0 Total Filings Due Process Med. Only ER SFY 2014 1, 477 1, 027 410 40 SFY 2015 1, 707 1, 151 487 69 SFY 2016 1, 697 1, 150 460 87 SFY 2017 1, 749 1, 249 440 60 SFY 2018 1, 811 1, 208 506 97 35

Filings by County – SFY 2016 – SFY 2018 County SFY 16 SFY 17 SFY 18 Atlantic Bergen Burlington Camden Cape May Cumberland Essex Gloucester Hudson Hunterdon Mercer Middlesex Monmouth Morris Ocean Passaic Salem Somerset Sussex Union Warren 35 224 81 98 6 15 175 65 36 27 74 125 166 88 80 131 7 80 18 123 17 28 211 64 90 5 17 193 52 24 25 71 143 190 108 157 129 8 76 29 103 8 34 211 83 81 9 15 181 39 46 37 99 133 171 128 136 115 14 80 30 127 18 36

Common Disputes Filed with the DOE Issues in Dispute SFY 2014 SFY 2015 SFY 2016 SFY 2017 SFY 2018 Eligibility, Referral, or Identification of Students who have or may have a disability Independent Evaluations Student’s Program 16% 13% 10% 11% 9% 8% 9% 10% 11% 18% 15% 17% 22% Student’s Placement (including out-ofdistrict) Elements of Student’s IEP Implementation of Student’s IEP 31% 35% 28% 24% 26% 7% 8% 11% 12% 9% 1% 1% 7% 7% 2% 37

Special Education Dispute Resolution • Key functions of the DOE include: • Process requests for mediation conferences and due process hearings; • Schedule mediation conferences; • Transmit cases to the OAL for due process hearings; • Enforce mediation agreements; • Ensure implementation of due process hearing decisions; and • Offer and schedule Facilitated IEP meetings. 38

Special Education Dispute Resolution Key functions of the OAL include: • Employ 4 full-time special education mediators; • Employ Administrative Law Judges (ALJs) who preside over due process hearings, including expedited hearings, and ER hearings; • Create a transcript of the proceedings; and • Issue final decisions. 39

State Systems Vary • One-Tier • 43 states, including New Jersey, operate a one-tier system • Hearing Officer/ALJ issues a Final Decision • Either party may appeal final decision in federal or state court • Two-Tier • 7 states (notably New York) operate a two-tier system • Hearing Officer issues a Decision • 2 nd Level of Review (usually the SEA) • Then, either party may appeal final decision in federal or state court 40

States That Operate a Two-Tier System 41

States that Utilize Administrative Law Judges 42

Areas that Require Attention • Number of disputes that are mediated. • Number of disputes that are settled at mediation. • Frequency of granting hearing adjournments. • Scheduling of non-consecutive hearing days. • Issuance of final decisions beyond 45 days. 43

Others Have Noticed March 2018: • A group of parent attorneys issued a report to the Governor critical of the system, the DOE, and the OAL. June 2018: • A class action lawsuit was filed against the DOE and the OAL. • Plaintiffs allege systemic violations of the IDEA 45 -day rule as a denial of FAPE. September 2018: • On-site review conducted by the U. S. Dept. of Education. • Will result in a Corrective Action Plan, requiring New Jersey to make changes to its current system. 44

Proactive Measures to Initiate Reform • Researching other state’s systems. • Analyzing data and trends. • Researching best practices. • Modeled on the Commissioner’s Assessment Outreach Program, the DOE is developing a broad strategy designed to solicit input, and get feedback from various stakeholders. 45

The Road Ahead • No decisions about dispute resolution reform have been made. • We will continue to keep you apprised of our efforts. • We look forward to working with you, and other stakeholders during this collaborative process. 46

Monitoring Activities • Comprehensive special education monitoring, with an emphasis on: • Pre-referral interventions; • Evaluation Process; and • IEP development. • Monitors also provide technical assistance to: • Review findings; • Develop strategies; and • Ensure sustainable changes to procedures and programs. 47

Significant Disproportionality (SD) • The overrepresentation of specific racial and ethnic groups in special education. • States must report annually, the number of districts identified with SD, and determine whether the SD was a result of inappropriate procedures to identify and evaluate students. • The U. S. Department of Education intends to propose a new set of regulations regarding SD. 48

Restraint and Seclusion Guidance • Law enacted in January 2018. • Allows for the use of restraint and seclusion techniques on students with disabilities. • Required the DOE to issue guidance, which was issued in July 2018. 49

Restraint and Seclusion Guidance • Adoption of Board Policies; • Training for School Personnel; • Post-incident Notification; and • Data-driven Decision-making. 50

Contact Information Carolyn J. Marano, Assistant Commissioner Carolyn. Marano@doe. nj. gov 609 -376 -3716 Kathleen Ehling, Acting Director Office Fiscal and Data Services Kathleen. Ehling@doe. nj. gov 609 -376 -9101 Dominic Rota, Acting Director Office of Special Education Policy and Dispute Resolution Dominic. Rota@doe. nj. gov 609 -376 -9060 51

Thank You New Jersey Department of Education Website http: //www. state. nj. us/education/ Follow Us! New Jersey Department of Education (@njdeptofed) @New. Jersey. DOE @New. Jersey. Doe 52