Reversing its stated course, the New Jersey State Board of Education voted on March 19th to retain Alternate Route Graduation. The program, known as the SRA (Special Review Assessment) was thought to be on its way out.
The State Board has voted to keep the program for the coming school year and directed the Commissioner to review and revise the SRA program going forward.
Questions have long been raised as to whether the program was effective and equivalent to a regular high school diploma. Elected officials have decried the program as an easy way out for students without fulfilling their educational needs.
The Education Law Center prepared an excellent report on the program and its impilmentation statewide which you can access here.
Tuesday, March 25, 2008
Abbott - Bacon - What Next?
On Jan. 4, the State Board of Education rendered a decision in Bacon v. Dept. of Education, in which 17 poor and generally rural non-Abbott school districts sought “special needs” designation and state education aid equal to that received by the state’s 31 Abbott districts. Growing out of litigation in the early 1980's the Abbott district scheme was devised and enacted in 1997 to equalize school aid to poor urban districts.
The Bacon districts sought the same treatment as the Abbott districts, and claim the state’s failure to provide aid in amounts similar to those received by Abbott districts violates the Thorough and Efficient Clause of the state constitution.
While noting the needs and failure to meet appropriate educational goals in these districts, the State Board refused to offer these districts special status similar to the 31 Abbott districts. The Commissioner of Education will be charged with completing a needs assessment in the Bacon districts to determine future action.
The districts involved in the case were: BUENA REGIONAL, CLAYTON, COMMERCIAL, EGG HARBOR CITY, FAIRFIELD, LAKEHURST, LAKEWOOD, LAWRENCE, MAURICE RIVER,
WOODBINE, HAMMONTON, LITTLE EGG HARBOR, OCEAN, QUINTON, SALEM CITY, UPPER DEERFIELD, AND WALLINGTON SCHOOL DISTRICTS.
The State Board acknowledged there were problems but stated that these will be addressed in future state funding formulas rather than in the creation of additional special districts.
Counsel for the Bacon Districts has indicated there will be further appeal.
Read the Decision
The Bacon districts sought the same treatment as the Abbott districts, and claim the state’s failure to provide aid in amounts similar to those received by Abbott districts violates the Thorough and Efficient Clause of the state constitution.
While noting the needs and failure to meet appropriate educational goals in these districts, the State Board refused to offer these districts special status similar to the 31 Abbott districts. The Commissioner of Education will be charged with completing a needs assessment in the Bacon districts to determine future action.
The districts involved in the case were: BUENA REGIONAL, CLAYTON, COMMERCIAL, EGG HARBOR CITY, FAIRFIELD, LAKEHURST, LAKEWOOD, LAWRENCE, MAURICE RIVER,
WOODBINE, HAMMONTON, LITTLE EGG HARBOR, OCEAN, QUINTON, SALEM CITY, UPPER DEERFIELD, AND WALLINGTON SCHOOL DISTRICTS.
The State Board acknowledged there were problems but stated that these will be addressed in future state funding formulas rather than in the creation of additional special districts.
Counsel for the Bacon Districts has indicated there will be further appeal.
Read the Decision
Monday, March 24, 2008
Military Families and Education Residency
What happens when a local board of education fights attempts to make it pay for out of district placement for a student who has never lived in their town?
In the case of Margate, they pay.
An active duty soldier with a dependent child established residency in Margate, at the summer home of his parents, before shipping out for duty. The child needed out of district placement services and though he has never lived in Margate, the BoE was required to pay for the placement.
As the description of the case from the Atlantic City Press shows, who pays for placements and the establishment of residency is often a very tricky thing.
In the case of Margate, they pay.
An active duty soldier with a dependent child established residency in Margate, at the summer home of his parents, before shipping out for duty. The child needed out of district placement services and though he has never lived in Margate, the BoE was required to pay for the placement.
As the description of the case from the Atlantic City Press shows, who pays for placements and the establishment of residency is often a very tricky thing.
Margate must pay for disabled boys educationBy DIANE D'AMICO Education Writer, 609-272-7241Published: Friday, March 21, 2008TRENTON - The Margate School District is responsible for the education costs of a disabled boy, even though he has never attended school in the district, the state Board of Education has ruled.The state board on Wednesday agreed with the September 2007 decision by the commissioner of education that the boy's father, who is in the military, had established residence in Margate, where his parents own a condominium. The case highlighted the often complicated residency issues that face military families, and was featured in an article in The Press of Atlantic City in January.
The 14-year-old boy was adopted by Sgt. Andrew Siegel after he married the child's mother in 2000. They lived in Jackson Township, and after he enlisted in the Army the family moved based on where he was stationed. The mother died in 2005 while they were living in Germany. Siegel and his son returned to Margate during his grief leave, during which time Siegel registered to vote in Margate and changed the address on his driver's license.
When Siegel returned to active duty, his son, who is identified only by initials in the ruling, went to live with his paternal grandparents in Pennsylvania. But they had difficulty caring for him because of his disabilities, which include mental retardation and attention deficit hyperactivity disorder. In October 2006, the grandparents placed him in a private facility, the Bancroft School in Cherry Hill, initially paying the cost themselves. They also attempted to register him as a student in Margate, but were turned down because neither the boy nor the grandparents lived there.
The father sued, and a judge ruled that while the boy's last residence was in Pennsylvania, prior state decisions in military-custody cases were unclear, and Education Commissioner Lucille Davy might want to clarify them. In her decision, the commissioner said that children may find themselves in a variety of living arrangements and that the educational costs should be assigned in a way that makes the most sense under the circumstances. On Wednesday, the state board agreed.
The state Division of Developmental Disabilities took over payment of the child's residential costs in October 2007, but Margate has been charged with the education costs, which had been reported at about $3,200 per month.
Lawyers for both parties could not be reached Thursday.
To e-mail Diane D'Amico at The Press:
Welcome to New Jersey Chalk Talk
New Jersey Chalk Talk is the blog of Jim Schroeder for issues regarding education law in New Jersey. Here you will find commentary on current education law, recently decided cases impacting education law and tips for helping children succeed in their educational careers.
My interest in education law stems from, well birth. My parents are both educators and I have pursued the life of a learner, and an educator as well. Recently I completed a law degree at Rutgers School of Law in Camden and will begin accepting clients after my admission to the New Jersey Bar in 2008.
My interest in education law stems from, well birth. My parents are both educators and I have pursued the life of a learner, and an educator as well. Recently I completed a law degree at Rutgers School of Law in Camden and will begin accepting clients after my admission to the New Jersey Bar in 2008.
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