Embed Size (px)
Citation preview
SPECIAL EDUCATION, EARLY INTERVENTION AND
CROSS-SYSTEMS EDUCATIONAL ADVOCACY
Rachel Elkin, Esq. Jennifer Rosen Valverde, Esq., MSW
Legal Services of New Jersey Rutgers Special Education Clinic
1
Educational Advocacy – Benefits
Maintain educational stabilityIncrease developmental and educational gains made by
children with disabilitiesSurmount barriers to enrollment, attendance and
information-sharingEnsure FAPE provided
Special education and related services Least Restrictive Environment for learning
Improve educational outcomes
2
Special Education
All children between the ages of 3 and 21 who have one or more disabilities which adversely affect their educational performance and are in need of special education and related services are entitled to a Free and Appropriate Public Education (FAPE)
Under the Child Placement Bill of Rights Act, a child placed outside of her home by DYFS has the right “[t]o receive an educational program which will maximize the child's potential.” N.J.S.A. 9:6B-4(m)
3
Identification
Child FindReferral to Child Study Team
Dated written request to Child Study Team (CST) Copy to district director of special services
Teacher/School Staff
4
Evaluation Request
Initial meeting convened within 20 calendar days of receipt of written request : Child Study Team Parent(s) General Education Teacher
At meeting determination is made whether evaluation is needed, and nature and scope of evaluation
5
Evaluation Request (cont’d)
Parent must be provided written notice within 15 days of a decision to evaluate and at least 15 days before any evaluation is done
Notice must include: Determination of whether to evaluate Scope and Nature of Evaluation Request for Parental Consent
Once parental consent is given, district has 90 days to conduct evaluation, determine eligibility, develop and implement child’s IEP.
Other appropriate actions
6
Evaluation – other avenues
General InterventionsIntervention & Referral Services (I&RS)
Services for students with learning, behavior, health or other difficulties
District based§ 504
7
Evaluation Process
Initial review of information district already has and taken from various sources such as: Classroom assessments Teacher observation Parental input
8
Evaluation Process (cont’d)
Initial review serves as basis to decide what other information is needed to determine: Disability Educational needs Present level of academic achievement Related developmental needs Whether child is in need of special education and
related services Accommodations/modifications needed for child to
meet goals in IEP and participate in the general education program
9
Evaluation Process (cont’d)
Evaluation conducted by multi-disciplinary team of professionals At least 2 members of CST Where appropriate, other specialists
Variety of evaluation/assessment tools
10
Evaluation Process (cont’d)
No single procedure to be used as sole criterion for determining eligibility or appropriate program
Child must be assessed in all suspected areas of disability
Must identify and assess all of child’s needsParents entitled to receive copy of reports prior
to IEP meeting to determine eligibility
11
Types of Evaluation/Assessments
Educational Psychological Social Physical Therapy Occupational Therapy Speech Psychiatric Audiological Central Auditory
Processing
Functional Behavioral Assessment
Medical Neurological Neuro-Developmental Neuro-Psychiatric Assistive Technology Vocational
12
Hypothetical
Christopher is 4 years old has a history of disruptive behaviors at his day care preschool program. Christopher’s parent requests that he be evaluated for special education. The school district conducts educational, psychological and social evaluations and determines that there are no cognitive/academic issues and finds him ineligible. What issues/concerns should the parent have with this
determination?
13
Reevaluation
Reevaluation: Triennial Parental written request Child’s educational or related services needs
warrant Required prior to finding child no longer eligible
(declassified) unless eligibility change is based on aging out or graduation
14
Independent Evaluation
Parent has right to seek Independent Educational Evaluation (IEE) if s/he disagrees with district’s evaluation District must provide at its own expense unless it seeks
and prevails at Due Process, demonstrating that its evaluation is “appropriate”
15
Independent Evaluations (cont’d)
Parental written requestDistrict has 10 days to decide and respond whether
it will do its own firstIf district decides not to do its own evaluation, must
provide IEE at district expense unless Due Process sought within 20 days Must provide parent with list of qualified evaluators and
evaluation requirements Parent selects evaluator, not district
16
Eligibility
IEP meeting convened to determine eligibility Copy of any reports and relied upon documentation/
information to be given to parents at least 10 days before meeting
Student eligible if: Student has one or more disabilities; and The disability adversely affects the student’s educational
performance; and The student is in need of special education and related
servicesParental consent required for initial IEP and
implementation of services District cannot seek Due Process to compel classification
17
Special Education Classifications
Auditorily Impaired (AI) Autistic (ASD) Cognitively Impaired Communication Impaired (CI) Emotionally Disturbed (ED) Multiply Disabled (MD) Deaf/Blindness Orthopedically Impaired Other Health Impaired (OHI) Preschool Child with a Disability (PSD) Social Maladjustment Specific Learning Disability (SLD) Traumatic Brain Injury (TBI) Visually Impaired
18
Individualized Education Program
Eligible->Classification->IEPIEP
Written plan that sets out child’s special education program and related services
Developed collaboratively at IEP meeting with IEP team Annually reviewed/updated/modified
IEP lasts for one year period IEP can be changed more frequently as needed
19
Individualized Education Program (cont’d)
What is in an IEP? Current levels of academic achievement and functional
performance Measurable annual goals (academic and functional) with
benchmarks and short-term objectives How progress will be measured Accommodations, modifications, specific programs and
related services Assistive technology devices Explanation of extent child will participate/not participate
in general ed. classes, extracurricular and non-academic activities
20
Individualized Education Program (cont’d)
Extended School Year (ESY) Extension of services to help children maintain
progress/achievement made during school year when school is not in session, such as summer recess and school breaks Must be considered for all-but all may not receive.
District cannot limit ESY services to particular categories of disability or limit the type, amount, or duration of services
Individual determination made at IEP meeting and discussed at annual review
ESY not necessarily in classroom or school setting, could be in a variety of alternative locations
21
Individualized Education Program (cont’d)Transition
Starting at age 14 (or younger if appropriate): Statement of strengths, interests, and preferences Identification of course of study, related strategies and/or
activities consistent with above and intended to assist in developing or attaining postsecondary goals related to training, education, employment, and independent living
Description of need for consultation with other agencies that provide services such as DVRS, DDD, and DOL
Statement, as appropriate, of interagency linkages and responsibilities
22
Individualized Education Program (cont’d)
Transition (cont’d) Starting at age 16 (or younger if appropriate):
Statement of above described elements Appropriate measurable postsecondary goals based on
age-appropriate transition assessments related to training, education, employment, and independent living
Transition services (based on child’s needs and in consideration of strengths, preferences and interests), including course of study needed to help child meet goals
23
Individualized Education Program (cont’d) Who is on the IEP team?
Parent(s); At least one special education teacher and one General
Ed. teacher (if applicable); At least one CST member; Case Manager; District Representative; Student (if 18 or as appropriate); and Any person parent or district wants to attend who has
knowledge or special expertise regarding the child
24
Individualized Education Program (cont’d)
IEP meetings can be tape-recorded with advance notice
IEP meetings should be scheduled for a time/date that is convenient for parent
IEP meetings can be held by telephone or videoconference if there is mutual consent
Districts are permitted to have meeting without parent if they can document that they were not able to secure parental participation
25
Individualized Education Program (cont’d)
IEPs can be amended without a meeting if: Parent makes written request for a change and district
agrees; or District proposes written proposal to change IEP and within
15 days parent consents in writing
Changes are to be incorporated into amended IEP or placed into an addendum to the IEP Parent to receive copy within 15 days of district’s receipt of
parental consent
26
Least Restrictive Environment
Children receiving special education have the right to be educated in the Least Restrictive Environment (LRE) To the extent appropriate, child is to be educated with
non-special education peers Children with disabilities are to be afforded equal
opportunity to participate in non-academic and extracurricular activities as their non-special education peers, and to maximum extent appropriate, with non-special education peers
27
Placement
IEP developed prior to determination of placementPlacement is determined by CST and parent(s)Least Restrictive Environment
Districts are required to have a full continuum of alternative placements to meet needs of students
As close to home as possibleDetermined annuallyMust be able to implement IEP delineated program and
servicesIEP may be appropriate, even if placement is not
28
Placements (cont’d)
If child cannot remain in general education setting-other placement options include, also not exclusive: Pull-Out resource programs Self-Contained program (in-district) Out-of-district placements
Self-Contained program in another school district Program in approved private school for the disabled County Special Services School
Home Instruction
29
Transferring Students
Children already receiving special education and related services are entitled to a comparable program and services to those in their current IEP
IEP meeting within 30 days of transfer into new school to determine whether to adopt prior IEP or develop new one
30
Related Services
Children receiving special education are also entitled to receive related services Related services are any services that will help child benefit
from his/her educational program Examples include:
Transportation Speech/Occupational/Physical Therapy Personal Aide Counseling Recreation Social Skills Others
31
Hypothetical
Daniel is 16 and has Down Syndrome. He has significant cognitive impairment. Recently his parent has noticed changes in his behavior.
Daniel’s parent believes that his behaviors would improve if he spent more time with his non-disabled peers.
His parent has been told that a more inclusive placement is not appropriate and the school has expressed safety concerns of other students due to recent sexually inappropriate behaviors.
32
Transfer of RightsAt 18, rights transfer to child (“adult” student) unless
parent has obtained legal guardianship At least 3 years before age 18, IEP must contain statement
that parent and child have been informed of transfer of rights at 18;
Written notice of transfer; District/child may invite parent to meetings.
Notice must still be provided to both parent and “adult” student “Adult” student:
Must consent to eval/reevaluation May request Due Process/Mediation May authorize parent to request Due Process/Mediation and make
educational decisions on their behalf
33
Special Education – Red Flags
Failure to EvaluateFailure to ClassifyFailure to Annually Review IEP/ReevaluationFailure to Implement IEPFailure to Provide NoticeFailure to Respond to Parental RequestsFailure to Address Behavioral Issues/Disciplinary ActionRelated Services/Extended School Year Based on District
Availability or Disability Type, Not Child’s NeedsSummer Recess ≠ Evaluation Delays
34
Early Intervention
Target population: Infants/toddlers ages 0-3 and their families
Responsible agency: N.J. Department of Health and Senior Services (DHSS) Four Regional EI Collaboratives (REICs) coordinate
NJEIS at local level
35
Early Intervention – Child Find
State must ensure EI services are available to all eligible infants and toddlers and their families:
Child Find Locate, identify and evaluate all eligible children Facilitate referral process
Public Awareness Campaign Disseminate information about the EI program Coordinate child find efforts with primary referral sources
36
Early Intervention - Referral
Who may refer a child to the EIS? AnyonePrimary referral sources – doctors, DYFS, parent or
foster parentConsent of parent is not necessary for referral (i.e.
making the call)Written consent of parent, or person acting in place
of parent, is necessary to conduct multi-disciplinary evaluation
37
Early Intervention - Mandatory Referral
State must refer ALL children under age 3 involved in substantiated case of child abuse or
neglect to early intervention services OR identified as affected by illegal substance abuse
or withdrawal symptoms due to prenatal drug exposure
38
Early Intervention – Referral Defined
Each child referred to the N.J. EIS is entitled to have an evaluation and assessment conducted within 45 days of the date of referral [provided that consent of parent, or person acting in place thereof, is obtained]
Children may be screened IN to the program but may NOT be screened OUT
39
Early Intervention - Evaluation
Free, multi-disciplinary evaluation Within 45 days of referral In native language or other preferred mode of
communication Multi-disciplinary evaluation includes examination of:
Medical history Physical development Cognitive skills Communication skills Social / emotional development Adaptive skills
40
Early Intervention - Eligibility
Child under 3 years old and has: 33% delay in one developmental area (or two standard
deviations below the mean), or 25% delay in two or more developmental areas (or 1.5
standard deviations below the mean), or Diagnosed by physician or psychologist as having physical or
mental condition with high probability of resulting in developmental delay (presumptive eligibility)
Developmental areas include: Physical - Communication Cognitive - Social/emotional Adaptive
41
Early Intervention - Service Coordination
After a determination of eligibility, EIS appoints a Service Coordinator as soon as possible to: Serve as family’s single point of contact with EIS Coordinate / monitor service provision Facilitate development, review and evaluation of
Individualized Family Service Plans (IFSPs) Help family identify available service providers Inform family of rights and availability of
advocacy servicesAll service coordination services are free of charge
42
Early Intervention -IFSP
Individualized Family Service Plan (IFSP) Written plan
Contract between family and State for provision of EI services
Tailored to meet unique needs of eligible child and family
Needs driven, not diagnosis driven Designed for child to obtain meaningful
developmental benefit
43
Early Intervention – IFSP Components
Child’s current functioning Family’s concerns Needs and resources of child and family All services child/family need (initiation, method,
frequency and duration) Identify natural environment
“Natural Environment” is home or other setting in which children without disabilities participate
Expected outcomes 6-month reviews and annual re-evaluation Transition plan
44
Early Intervention - Services
Assessment Assistive Technology Audiology Services Family Counseling /
Training Health Services Medical Services Nursing Services Nutrition Services Occupational Therapy
Physical Therapy Psychological Services Service Coordination Social Work Services Special Instruction Speech/Language
Pathology Transportation Svc. Vision Services
45
Early Intervention - Transition
With family approval, transition conference convened no fewer than 90 days and no greater than 9 months before child’s third birthday
If child not eligible for preschool or other services, create transition plan for exit from program
Conference attendees include family, lead agency (DHSS) and local school district NOTE: Transition meeting must occur even if local
school district refuses to attend
46
Early Intervention - Payment
Evaluations, assessments, service coordination, IFSP development & review – Free
If below 350% F.P.L. - FreeMedicaidSliding fee scale based on family income, size and
number of service hoursEI system as Payor of Last Resort
47
Early Intervention – Red Flags
Failure to Identify Eligible ChildrenFailure to implement CAPTA and IDEA mandatory
referralsFailure to Obtain Appropriate ConsentUse of “Screening” Mechanisms – Refusal to EvaluateWaiting Lists
Evaluations Services
IFSP based on Service/Program Availability, Not Child’s Needs
Qualifications of Service ProvidersNatural environment ≠ home automatically
48
Cross-Systems Educational Advocacy
School stabilityRegistration / Enrollment
Attendance GapsInformation SharingStudent Records
Completeness Credit Transfer Partial and Full Credit for
completed coursework
Special Education Defining the “IDEA
Parent” Evaluations Services
Inter-Agency CoordinationStudent EngagementTransition
Post Secondary Education
49
Getting Through the Front Door
Common roadblocks: Registration Attendance School Records“District of Residence”
50
The Case of Marisol
Marisol, age 10, lived with her mother in Trenton until one month ago when she was removed due to allegations of abuse. She was placed with a non-relative resource parent in Hamilton and it was found in her best interest to change school districts. How does Marisol register for school?
51
Registration for School
Required Documents to Register Child in Out-of-Home Placement: Resource Parent ID Letter (or Agency Placement Letter) and Resource Parent Proof of Residence
52
Timeline for Registration
School-age children should be registered within 72 hours of out-of-home placement
53
Admission into School
Required Documents for Attendance:Immunization RecordsCertified copy of child’s birth certificate or other
proof of identity within 30 days of enrollment
NOTE: non-production of birth certificate cannot be sole reason for denial of admission
*School records recommended, NOT required for attendance at school
54
DYFS Responsibilities for Registration & Attendance
DYFS must:Ensure all children in out-of-home placements
enrolled in schoolProvide updated health record, incl.
immunization record, to resource parent/caregiver agency
Inform biological /adoptive parents of right to be involved in child’s education
55
Responsibilities – Resource Parents and Caregiver Agencies
Resource parent/caregiver agency must:Register childEnsure child attends regularlyCooperate with DYFS to ensure child receives
educational programEnsure child ages 3-5 (but not in K) enrolled in early
childhood ed. programEnsure preschool age child in environment to
stimulate proper development
56
Responsibilities – School Districts
School districts must NOT require any more documentation than provided by law for child in out-of-home placement to register in and attend school
57
Registration and Attendance – Common Obstacles
Refusal to register child w/o birth cert.Refusal to register child w/o immunization recordsRequire custody or guardianship order for registrationRequire SSN or immigration status for registration or
attendanceRequire school records for registration or attendanceRequire IEP for registration or attendanceRequire reevaluation of student prior to attendance
58
Registration and Attendance – Role of Advocates
If advocate involved at this early stage:Ensure resource parent/caregiver agency has needed
paperworkDYFS as information/records source Law Guardian can request Court Order requiring DYFS
to obtain/provide informationEducate client, DYFS, law guardian and others on
“warning bells” Paper trail
59
The Case of Marisol
Marisol, a classified student, transfers from the New Brunswick school district to the Trenton school district, where her resource parent lives. Marisol’s resource parent is told she cannot be registered in school until she undergoes a full child study team reevaluation, despite the fact that Trenton has all of her school records. As a result, she has been sitting at home. The resource parent tells DYFS to move Marisol because she cannot continue to miss work to watch her.
60
School Records
Mandated School Records include:Student indentifying information, grades, health records, attendance records, standardized assessments, special education records
61
Responsibilities for School Records – School Districts
Where child transfers between districts:School district into which child is transferring
must request child’s school records within two weeks of child enrolling in district
Former school district must forward records (incl. disciplinary records) to new school district within 10 days of receiving request
62
Responsibilities – School Districts cont.
Written consent of parent not required as condition of transfer
Written notice to parent of school records transfer is required
63
Responsibilities - DYFS
DYFS must compile educational records for each school-aged child entering out-of-home placement
DYFS must provide resource parents with child’s educational records at time of out-of-home placement and update records upon any placement transfers
64
School Records and Information Sharing –Disclosure by School Districts
Governed by FERPA – Records released with consent of parent or adult student
School districts must provide DCF with access to a child’s school records within 10 days of written request
School records may be withheld from child’s parent only if Court Order revokes right to access; only portion of record designated by Order may be withheld
65
Special Education Records
If child transferring between districts has IEP:New district CST must conduct immediate
review of evaluation information and IEP andWithout delay provide comparable program
until previous IEP adopted or new IEP implemented
Timeline – 30 days for in-state and out-of-state transfers
66
Responsibilities - School District
To educate the child in comparable program (if no school records, duty to educate child only) while awaiting records, conducting assessments and making any changes to IEP
67
Educating Child v. Paying for Child’s Education
District in which a child resides is responsible for educating the child
“District of Residence” (DoR) is responsible for paying for child’s educational services and transportation
DoR ≠ District in which child resides automatically
68
Determining DoR after 9/13/10
If child placed in resource home or residential facility on or after 9/13/10, DoR is the present district of parent with whom child lived prior to placement into foster care
State assumes fiscal responsibility for a child in out-of-home care if:DoR cannot be determined orDoR of parent is out-of-state
69
Who is Marisol’s educational decision-maker?
If Marisol is a regular education student:DYFS allocates to resource parent authority to
make routine educational decisionsIf Marisol is eligible for special education:
Look to federal and state special education laws and regulations defining “parent”
70
Who is the IDEA “Parent” for Sped and EI?
Birth or adoptive parent / legal guardianRelative caregiver with whom child is living (person in
parental relationship)Foster /Resource parentSurrogate parentPerson appointed by the Court to act as “parent” or to
make educational decisionsNOTE: There is no automatic change in a parent’s right to
make educational decisions when a child enters out- of-home care placement/foster care
71
What is the “Parent” Hierarchy
Biological or adoptive parent who is “attempting to act as the parent” is presumed to be the parent unless s/he no longer has legal authority to make educational decisions
BUT, if court order identifies specific person to be the “parent” or to make educational decisions for a child, then such person is the “parent” for educational purposes
72
When is a Surrogate Parent Needed?
No parent/guardian can be identifiedWhereabouts of the parent or guardian are unknown
after reasonable efforts to locateParental rights have been terminatedStudent is an unaccompanied youthRights of the parent/guardian to make educational
decisions have been removed by the CourtFoster parent unwilling to act as “parent”
73
Why does identifying the “parent” matter?
Children have no voice – no standingParent is a member of IFSP/IEP Team and
consents to the following:EvaluationsInitial IFSPs/IEPsRelease of recordsParent can request independent evaluations Parent can file for mediation / due process
74
Who Will Stand Up for Marisol?
How can a child advocate help?Is there an IDEA Parent?
If not, who fills this role? Is there an order you want the judge to enter?
Is the judge aware of the child’s educational/developmental needs? Is DYFS?
Are the child’s school records in the child welfare file? Do you need a court order to obtain them?
Has the child changed school districts? If yes, have school records transferred? Are the child’s evaluations and/or services continuing despite the move?
75
Who Will Stand Up for Marisol?
How can the judge help?Ensure there is an IDEA “Parent” for each child.
If necessary, the judge can appoint individual to act as the “parent” and make educational decisions for the child
Ensure that the child’s school records are in the child welfare file and are updated periodically.
Inquire about the child’s educational progress/needs each time the case is reviewed. Use subpoena powers where appropriate and necessary to hold
school districts responsibleDelineate responsibility for follow-up
76
Advocating Across Systems
Evaluations, services, programs, placements, and transition planning/services for Early Intervention and Special Education available through school districts and DYFS
77
Evaluations by School Districts
Typical:PsychologicalEducationalSocial HistorySpeech and LanguageFunctional BehavioralLess typical, but still common:Psychiatric, Neurological, Neuropsychological Occupational TherapyPhysical Therapy
78
Evaluations by DYFS
At DYFS’s initiative or by Court Order Typical:PsychologicalPsychiatricOther MedicalAt age 14, Basic Life Skills and Ansell-Casey strengths & needs
Less Typical, but still common:Speech and LanguageNeurologicalOccupational Therapy, Physical Therapy
79
Services from School District versus DYFS
Services from district determined at IEP meeting and set forth in IEP
DYFS duty to provide services to child to ensure well-being and permanency
80
Typical Services from DYFS
Medical Care (N.J.A.C 10:122D-2.5)Mental health services (individual, group and family therapy,
medication monitoring) (N.J.A.C 10:122D-2.5)TutoringBehavioral Health Assistant (N.J.A.C 10:122D-2.5)MentorRecreational activities (i.e., dance, martial arts, music lessons)Summer CampSERVICES ARE NOT DEFINED – MUST SHOW CONNECTION TO
CHILD’S WELL-BEING AND INDIVIDUAL NEEDS (can be S/L, O/T, P/T). (N.J.A.C. 10:122D-2.8)
81
Typical Transition Services by School Districts
In addition to basic instruction and relates services:Postsecondary educationVocational educationIntegrated employment (including supported
employment)Continuing and adult educationIndependent living skills trainingOther community experiencesDaily living skillsN.J.A.C 6A:14-3.7(e)12i(1).
82
DYFS’ Obligation to Older Youth
DCF must provide services to youth, ages 18 to 21, if: The youth was receiving services from DCF on or after
16th birthday Youth has not refused services or requested services
be terminated Services are in youth’s best interest and would assist
youth in becoming independent and productive adult.
83
Questions to Ask re Evaluations & Services
Does the child need additional evaluations or services?Where can the evaluations or services be obtained?
Different purposes of District and DYFS evaluations/servicesDoes the child need an independent evaluation(s)?
Timing District’s duty to “consider” findings
What are the limitations on sharing/using results across systems? Confidentiality and need for redaction Educational benefit versus other benefit
84
Programs/Placement
DYFS placement can influence school placement, and school placement can drive DYFS placement - neither should dictate the other. Residential DYFS placements can lead to children going
to school on premises, though not always appropriate. (See N.J.A.C. 10:127-6.7(f)).
School placements can lead to children living on site where school is (even if do not need a residential home placement) out of convenience.
85
Questions to Ask re Programs & Placements
What type of program/placement does the child need? For educational purposes? For other purposes?
If child placed in residential program or group home by DYFS, must the child attend the affiliated school?
When should a child in out-of-home placement be required to change schools?
86
Challenges of Cross-Systems Advocacy
Identifying parent/clientHolding on to parent/client despite placement movesUnderstanding and assessing duties, if any, to non-client
partiesObserving rules of confidentiality and attorney-client
privilegeKnowing when to turn on and off the information flowFamiliarizing oneself with all the players and proceduresUnderstanding jurisdictional limitations
87
Role of CASA in Educational Advocacy
CASA programs statewide will be providing basic educational advocacy training to enable CASA volunteers to help ensure that children’s educational needs are being met. By January 2012 CASA volunteer reports statewide will include information on children’s educational needs.
Some CASA programs already provide this training – in those vicinages (Essex, Mercer, Camden, Passaic, and Bergen) volunteers already monitor children’s educational needs.
CASA programs in Essex, Mercer, and Camden Counties have trained a small group of their volunteers to act as Limited Guardians for Educational Purposes or Education Surrogates, thereby enabling those volunteers to act in place of the parent for education purposes.
88
Remember: We All Are FOR EDUCATION
“By all rights, education should be an easy sell because you never find anyone who is ‘against’ it. No advocacy groups clamor for its overthrow, no politicians or columnists protest its irrelevance. Unlike nuclear power, or abortion rights, or the graduated income tax, education has no enemies. The trouble, therefore, can only be with those who are ‘for’ it. In education, I’ve found, you can easily mistake the actions of those who are for it as being against it.”
Joseph Fernandez, former Chancellor of the New York City Public Schools JOSEPH A. FERNANDEZ WITH JOHN UNDERWOOD, TALES OUT OF SCHOOL 1 (Little, Brown 1993).
89
EDUCATIONis one of the
greatest predictors of future success
90
Presenters
Rachel R. Elkin, Esq., Supervising AttorneyEducation Representation Project
Legal Services of New Jersey(732) 572-9100, ext. 8348
[email protected] Rosen Valverde, Esq./MSW
Clinical Professor of LawSpecial Education Clinic
Rutgers University School of Law - Newark (973) 353-5576
91
