Posted on May 5, 2017
What’s New?
New study shows quality child care is out of reach for many NJ families
Posted on April 25, 2017
NJ’s Child Care Quality Rating System Shortchanges Providers Caring for Low-Income Children
Despite New Jersey’s implementation of a child care rating system that helps working parents find the best care for their young children, a new study by Advocates for Children of New Jersey (ACNJ) shows that many child care centers in low-income communities would face enormous challenges meeting and sustaining these higher state standards that define quality – unless the state is able to provide the necessary resources.
“This report provides crucial recommendations for changing how New Jersey pays child care providers in order to support high-quality care for our youngest children – particularly those from low income families,” said Arturo Brito, Executive Director of The Nicholson Foundation, which funded this study.
Read NJ 101.5’s story on the dilemma facing child care centers
Read the executive summary with ACNJ’s recommendations
Out of Reach: Sustaining a High Quality Child Care System in New Jersey
Read the report Quality Costs How Much? Estimating the Cost of Quality Child Care in New Jersey
This report is one of several reports to be released in the upcoming months to look at child care issues in New Jersey.
The Center for the Study of Social Policy Issues Latest Federal Monitor Report
Posted on April 6, 2017
The Center for the Study of Social Policy (CSSP) issued its latest report as part of the federal class-action lawsuit Charlie and Nadine H. v. Christie.
In November 2015, CSSP helped to mediate a revision to the court ordered Agreement that recognizes the progress made to date to reform New Jersey’s child welfare system and permits a more intensive focus on the outcomes that remain to be accomplished. The Sustainability and Exit Plan requires that the state continue to maintain foundational requirements, demonstrate continued performance on outcomes that have been previously met and move toward achievement of those performance outcomes not yet met. Reports are released to the Honorable Stanley Chesler and the public approximately every six months and the current report covers January to June 2016.
At the start of the monitoring period, 14 of the 36 performance measures originally designated as “To Be Achieved” had been met under the Sustainability and Exit Plan. Between January and June 2016, six of the remaining 22 performance measures were achieved and one was partially achieved.
Today, Judith Meltzer, Deputy Director of CSSP and Court Monitor in the case reported that “progress has been made.” The achievements have “come about because of DCF’s leadership, and the commitment of its workers and partners to the children in care and their families. But more work needs to be done.”
CSSP reports that the “state has yet to reach targets related to fully embedding its case practice model, particularly in areas around engaging parents and the quality of case planning. Improving the frequency of caseworker visits with parents where family reunification is the goal is also a priority as well as ensuring that more visits occur among siblings who have been placed apart from one another.”
ACNJ is currently reviewing the monitor’s report in detail.
SCOTUS Ruling Reinforces Educational Rights of Students with Disabilities
Posted on April 6, 2017
Recent U.S. Supreme Court Decision Reinforces What School Districts Should Already Be Doing for Children Entitled to Special Education
Every day, I receive phone calls from worried parents trying to navigate the special education system for their children. Parents often struggle to be heard by their school districts to get the supports and services their children are entitled to, in order to make meaningful academic progress.
But on March 22, 2017, the United States Supreme Court made a unanimous decision that will help children with disabilities across the country. For the first time in 35 years, it addressed how much educational benefit is required for a special education program to be considered “appropriate.” In Endrew F. v. Douglas County School District, the Court ruled that a school district must provide an education to a student with disabilities that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”
What does this mean? The Court concluded that the Individuals with Disabilities Education Act (IDEA), which governs education for children with disabilities, requires schools to offer an Individualized Education Program (IEP) that is student-centered and substantially beneficial, with their unique needs and abilities in mind. Most important, an IEP must clearly enable the student to make meaningful academic progress.
Prior to this opinion, a number of courts had allowed school districts to meet its responsibility as long as the educational program provided “merely more than a de minimis” or minimal level of progress. This low standard is no longer sufficient.
This Court decision is a clear endorsement of the rights that already exist for New Jersey’s students with disabilities. Our state courts have long required that school districts meet a higher standard of education than many other states by requiring that an IEP provide significant learning and meaningful benefit to a student with a disability (Ridgewood Board of Education vs. N.E. for M.E. 172 F.3d 238 (1999)).
What does this legal decision mean for students with disabilities and their parents? The U.S. Supreme Court clarified and emphasized these important education rights:
- Services that ensure meaningful academic progress. “A student offered an educational program providing ‘merely more than de minimis’ progress from year to year can hardly be said to have been offered an education at all.”
The child study team must make sure that a student receives evaluations conducted by professionals with the necessary expertise, that school records clearly establish what progress has been made, and that all available records are carefully considered.
- Parental input in the IEP. The law regarding the development of an IEP “contemplates that this fact-intensive exercise will be informed not only by the expertise of school officials, but also by the input of the child’s parents or guardians.”
School staff and parents should know that parent involvement is crucial to the IEP process to enable the student to make progress. In order for a parent to have real input into the IEP, the child study team should help the parent understand the IEP process, child study team evaluation reports, the rationale for child study team decisions and the parent’s rights to challenge school district action and of course, take into account the parent’s observations and expert reports.
- Development of challenging student objectives. An “educational program must be appropriately ambitious in light of [a student’s] circumstances,” and “every child should have the chance to meet challenging objectives.”
The IEP should contain language that describes challenging objectives given the child’s circumstances and include services that are reasonable to enable a child to make meaningful progress.
The recent Court decision brings clarity to rights of students with disabilities and the role parents have in helping develop their child’s education program in school.
To read the full text of the opinion in this case, please visit https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf.
Nina Peckman, Esq. at ACNJ’s KidLaw Resource Center provides pro bono legal assistance to low income parents, caretakers, and also to professionals working with children. Legal services are offered in English and Spanish and include phone consultations, assistance at school meetings, participation at State Mediation, direct negotiations with school districts to resolve disputes, workshops, and the development of print materials regarding education law, advocacy strategies and practical tips. ACNJ does not litigate. Guides and facts are available on ACNJ’s website at www.kidlaw.org.
Another State Budget that Shortchanges Young Children
Posted on March 17, 2017
Another State Budget that Shortchanges Young Children
The FY 2018 state budget, announced last month by Governor Christie, includes no increases for early education programs. True, it doesn’t cut our high-quality public preschool program, but for the eighth year in a row, it does not advance early education either.
A lot has happened in the last eight years. The more than 35,000 3- and 4-year-old children in the 90 or so school districts promised preschool beginning in the 2009-2010 school year, are about to enter seventh grade. Multiply that by eight years. Hundreds of thousands of kids have missed out on a strong start with the foundation of preschool. Who knows what opportunities these children may have lost?
Failing to expand state-funded preschool is not the state’s only shortcoming. Child care subsidies, which help low-income families work, have not increased since 2008. Child care programs are struggling to cover the cost of doing business in 2017 when they are being reimbursed with the same 2008 rate. It has made child care less affordable and accessible for families. Programs are forced to reduce services or charge struggling families more just to cover their costs. Some families literally cannot afford to work.
It also affects program quality. When child care programs cannot afford to pay staff adequately, experienced teachers leave for better paying jobs. Frequent turnover is not good for children who need stability to thrive.
It is ironic that while the state is committed to developing a child care quality rating and improvement system, it will not address the increased funding necessary to sustain programs. Funding for quality improvement through Grow NJ Kids is available for one-time needs. It does not include any increase to maintain quality once it is improved.
In April, ACNJ will release a report on the cost of child care quality, followed by another report about the availability of child care for infants. Both raise some urgent and compelling questions about who is caring for our babies.
As an advocate, it is hard to see another year go by without an investment in the healthy growth and development of our state’s youngest citizens. It is discouraging to see other states make critical investments in preschool and child care, and wonder, why not New Jersey? It is no longer possible to claim success just because early care and education programs are not cut or eligibility is not reduced. Flat funding is beginning to erode these programs.
We need to call attention to these issues as the legislature begins to debate the FY 2018 state budget. Pre-K Our Way is launching a new campaign calling for preschool expansion that will remind legislators about the children who continue to wait for preschool. The discussion of a new school funding formula is another opportunity to stress the importance of a strong start for future education success. And legislators must be reminded – again – that child care programs need adequate funding to provide accessible, affordable, quality care so that parents can work and young children can develop.
Our state’s budget woes continue. Money is short and obligations, like the pension funds, take a big chunk of the budget. But the budget needs to be about more than immediate needs. It must be balanced with investments for the future too. And investing in children is one of the best steps we can take. The rate of return is great however it is measured.
Sincerely,
