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Skadden Fellow Ruby Kish Joins ACNJ to Address Education Needs of Justice-Involved Youth in Essex County

Posted on February 1, 2021

Skadden Fellow Ruby Kish with her son at her virtual swearing in.Advocates for Children of New Jersey (ACNJ) is pleased to welcome Ruby Kish, a two-year Skadden Fellow, who will be providing direct advocacy services to youth who are involved in the criminal justice system and require assistance with their educational needs. Ms. Kish will be working under the supervision of Nina Peckman, staff attorney, and Mary Coogan, vice president. Direct advocacy services include advocating for appropriate placement, evaluations and necessary accommodations and supports for justice-involved students with disabilities. She will also be collaborating with public defenders, prosecutors as well as agencies and organization representatives that assist youth including Partners for Children of Essex (the Essex County Case Management Organization), Court-Appointed Special Advocate (CASA) and Division of Child Protection Permanency (DCPP).

As part of the Skadden Fellowship, Ms. Kish will also be collecting data regarding the education needs and outcomes of this student population based upon information obtained through advocacy efforts. ACNJ looks forward to the positive impact this fellowship will have on individual youth as well as on current policies, education resources and long-term education outcomes for justice-involved youth in New Jersey. 

Youth with disabilities are disproportionately represented in New Jersey’s justice system, yet there are few resources available to assist these students in ensuring that they receive the free and appropriate public education they are entitled to. As the state embraces the goals of Juvenile Detention Alternatives Initiative (JDAI), with the focus on keeping students out of detention, there must also be a focus on ensuring school success. Providing advocacy services to students is one means of guarding against school failure and preventing recidivism and continued justice-involvement. 

For information regarding the education rights of justice-involved youth and for advocacy assistance, contact Ruby Kish at rkish@acnj.org.

Being a Strong Advocate – Know When to Request Advocacy Assistance for your Child’s Education During the Pandemic

Posted on January 29, 2021

Nina Peckman, Staff Attorney
Nina Peckman, Staff Attorney

With COVID-19 cases persisting and the vaccination roll-out happening slower than expected, it seems likely that remote instruction, whether full- or part-time, will be a necessity for the remainder of the school year. The education rights of students with disabilities have not changed. Here are a few important tips parents should know during the COVID-19 pandemic:

  1. The New Jersey Department of Education (NJDOE) guidance gives school districts the flexibility in how education laws are implemented during the pandemic, but districts should work collaboratively with parents and can use creative ways to implement education plans.
  2. All children should have a working tablet or Chromebook, internet access and IT support, when needed. 
  3. Parents are entitled to supports to help their children during remote instruction.
  4. Parents who do not speak English well are entitled to bilingual supports to help their children, such as translated instructions, notices, letters and interpretation services.
  5. Children who are English language learners (ELL) are entitled to and must receive the bilingual education services that they need to learn. During remote learning, this could include access to an English as a Second Language (ESL) or bilingual teacher co-teaching with a classroom teacher, video demonstrations of classroom skills and related services skills, and phone calls to the student and parent with translation services. 
  6. Children with disabilities who have or are entitled to a 504 plan or an Individualized Education Plan (IEP) should still be receiving child study team evaluations and all IEP services such as individual instruction, small group instruction, individual aide, and all school-based therapies.
  7. Students who did not receive services that are written in their IEPs or 504 Plans, or who did not receive the education services they are entitled to, are eligible for compensatory education services - services that school districts must provide to students with disabilities to make up for any education services not provided. Parents have two years from the date that they became aware of an education law violation to file for due process regarding compensatory services.

Parents and caregivers can take steps now to help their child learn this year, as well as to advocate for compensatory education services.

"There is no substitute for a parent who advocates strongly for their child."

  1. If the teacher and case manager do not respond, parents should contact a school administrator, such as the director of special education and principal. Parents should always make their requests and complaints in writing (email/texts/letters) and should keep dated copies.  
  2. If the school administrator does not help correct the problem, a parent should consider speaking to an attorney or non-attorney advocate who can speak on the parent’s behalf and discuss advocacy options such as negotiating agreements at school meetings, state mediation or filing for a due process administrative hearing.
  3. Parents should document a child’s progress or lack of progress as well as learning issues related to remote/hybrid learning to share with school staff. This information can demonstrate the need to add or change services in the child’s current program. This information can also support a request for compensatory education services that a parent may seek now or in the future when schools reopen. Examples of what to document include: 
  • agreed-upon services were not provided, 
  • child lacked a working computer or had technology issues, 
  • absence of necessary individual aide or instruction, 
  • refusals to log onto class, 
  • attendance and discipline issues, 
  • absence of necessary emotional, social and behavioral supports, and
  • samples of homework, classwork, quizzes and tests.  

For more detailed information, including guides and fact sheets about education rights, visit ACNJ’s Kidlaw Resource Center. You may also contact Nina Peckman, Staff Attorney, at npeckman@acnj.org or call 973-643-3876, ext. 226 for education advocacy needs.

Federal Monitor Reports that NJ is Making Progress in Child Welfare Reform Efforts

Posted on January 28, 2021

On January 27, 2021, Federal courts acknowledged the commitment of leadership and staff of the New Jersey Department of Children and Families (DCF) in serving children and families despite the significant challenges presented by the COVID-19 pandemic. The federal monitor, Judith Meltzer, president of the Center for the Study of Social Policy, presented her latest Federal Monitor’s report, covering January 1, 2020 – June 30, 2020, to the Honorable Stanley Chesler, the federal judge overseeing the reform of New Jersey’s child welfare system as a result of the class-action lawsuit, Charlie and Nadine H. v. Murphy.

Judith Meltzer reported that the state has continued to meet 44 of the 48 consent order benchmarks, and has made progress on its overall strategic plan. More importantly, Ms. Meltzer indicated that “[t]he state “took clear steps to assure they were still attending to the safety of children, staff and providers while making sure efforts towards permanency were not derailed.” The plaintiff’s attorney, Marcia Lowery, and Judge Chesler both congratulated the Commissioner and her staff on the progress.

Read the report.
Read the NJ.com article about the hearing.

DCF Commissioner Christine Norbut Beyer acknowledged the hard work of her staff in quickly adapting to the COVID-19 shutdown while continuing to meet the needs of children and families. The department remains committed to its vision that all New Jersey residents are Safe, Healthy, and Connected, and to advancing the goals of its strategic plan, including preventing maltreatment, preserving kinship connections and increasing staff health and wellness.

Wins for Kids in Biden’s First Executive Orders

Posted on January 25, 2021

In his first actions in the White House, President Biden signed a number of executive orders, many of which will have impacts on New Jersey children, such as climate change, the COVID-19 health care crisis and race equity. You can review these fully at the White House presidential actions page.

In particular, the following orders below reflect proposals ACNJ has advocated in favor of:

    • Full census count regardless of citizenship status. The Biden administration has affirmed longstanding law that Congressional representation will be divided among states based on the total number of persons living there counted by the census, regardless of citizenship status. The Biden administration also revoked previous administration orders that citizenship status be included in "apportionment" counts. Children deserve fair representation in our political system.

     

    • Preserving and fortifying Deferred Action for Childhood Arrivals (DACA). The Biden administration issued a short order, that requires the Department of Homeland Security to take "all appropriate actions" to preserve and fortify DACA, which de-prioritizes immigration enforcement against certain undocumented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military.ACNJ will continue to keep you informed of changes to federal law that affect New Jersey's kids. These orders are a step in the right direction.

     

    • Address the growing hunger Crisis. President Biden is calling on Congress to extend the 15 percent Supplemental Nutrition Assistance Program (SNAP) benefit increase, investing $3 billion to help women, infants and children get the food they need and other key steps. The President is also asking the U.S. Department of Agriculture (USDA) to consider taking the following steps to provide nutrition assistance to working families, including to: 
      • Issue new guidance increasing the Pandemic Electronic Benefits Transfer (P-EBT) by approximately 15 percent to accurately reflect the costs of missing meals and make it easier for households to claim benefits. 
      • Allow larger emergency SNAP allotments for the lowest-income households. 
      • Update food assistance benefits to reflect the true cost of a basic healthy diet under the USDA’s Thrifty Food Plan. 

Celebrate NJ Maternal Health Awareness Week (Jan 23-30, 20201)

Posted on January 21, 2021

Help increase maternal health awareness for all residents of the state including providers of women’s healthcare services, the general public, legislators, expectant parents, insurance company executives and other interested parties. During the pandemic, maternity care services continue to be altered based on frequently changing safety protocols. Helping expectant parents learn the relevant and timely questions to ask and tools to navigate to foster community become that much more essential to amplify.

Each day beginning Jan 23 through Jan 30, 2021, we will have a social media post for you to share. Posts can be shared by either downloading the content directly from this toolkit or simply sharing from one of our partners. Use the hashtags #123ForMOMS #NJMaternalHealth to follow along and share/retweet posts highlighting resources, programs and information.

Partners: 
ACNJ: @acnjforkids (Facebook/Twitter/Instagram)
NJAEYC: @NJAEYC (Facebook/Twitter)
NJ-AIMH: @NJAIMH (Facebook/Twitter)
MSU CAECMH: @montclairstatecaecmh (Facebook)
CITE: @Coalition.Infant.Toddler.Educators (Facebook), @CITEprez (Twitter)
SPAN: @parentadvocacynetwork (Facebook), @SPANadvocacy (Twitter), @spanadvocacy (Instagram)
NJ Breastfeeding Coalition: @New Jersey Breastfeeding Coalition (Facebook), @NJBFCoalition (Twitter)
Nurture NJ: @FirstLadyNJ (Facebook/Twitter), @firstladynewjersey (Instagram)
MelinatedMoms: @melinatedmoms (Facebook/Twitter/Instagram)

DAILY SAMPLE POSTS
Saturday, January 23, 2021:

It’s #MaternalHealth Awareness Week! Too often, #maternitycare women and families in not being accessible, safe, equitable or affordable. #123forMOMS was created in memory of Tara + all others who die from causes related to childbirth. Watch her story: https://www.youtube.com/watch?v=hxznMy-Y0Xg

Sunday, January 24, 2021:

STOP! LOOK! LISTEN! Safety Campaign in #NewJersey helps pregnant moms and their loved ones in addressing maternal health and safety. Encourages women and families to speak up if they feel something is wrong – and providers, to take heed of those concerns.

Monday, January 25, 2021:

Today at 10am, the #NJ First Lady will be unveiling the #NurtureNJ Maternal and Infant Health Statewide Strategic Plan, a roadmap to make New Jersey the safest and most equitable place in the nation to deliver and raise a baby. Watch LIVE on the Office of the Governor’s Youtube channel: https://www.youtube.com/channel/UCH8YwF0eRl9E5lpGj8OaiLg

Tuesday, January 26, 2021:

Day 4 of #123ForMOMS—Focus on Prenatal Preparation for Expectant Parents–Take a look at this terrific toolkit to get questions for health care providers and places of birth that was composed by the @MarchOfDimes. Expectant families have loved this birth plan that is designed for this moment: https://www.marchofdimes.org/materials/March-of-Dimes-Birth-Plan-2020.pdf

Day 4 of #123ForMoms: Focus on Prenatal Preparation for Expectant Parents–There are six evidence based care practices that support a safe and healthy birth, and one of them is letting labor begin on it’s own. Did you know most pregnancies lasts 38-42 weeks? The natural start of labor usually means your body and your baby are ready for birth. Learn more at: https://www.lamaze.org/Parents

Wednesday, January 27, 2021:

Day 5 of #123ForMoms. Check out this online tool to support equity and focus on shared decision-making: “Protecting Your Birth: A Guide For Black Mothers-How racism can impact your pre- and postnatal care — and advice for speaking to your Ob-Gyn about it.” https://www.nytimes.com/article/black-mothers-birth.html

Thursday, January 28, 2021:

Day 6 of #123ForMoms:
Healthy social-emotional growth begins right from the start. Babies require lots of back-and-forth gestures and conversations. Peek-a-Boo, This Little Piggy or games that come from your own family and culture, help babies grow! https://newmomhealth.com/
Friday, January 29, 2021:
Day 7 of #123ForMoms: Learn more about organizations working to focus on Black maternal health nationally:https://www.sistersong.net/reproductive-justice/

https://birthequity.org/

https://blackmamasmatter.org/about/

https://www.showingupforracialjustice.org/

https://www.perinatalequity.org/

Saturday, January 30, 2021:

Day 8 of #123ForMOMS: Are you expecting? Central Intake is a county-based single point of entry system for referrals to community resources, medical care, home visiting programs, Healthy Women Healthy Families, Doula Programs, and social support agencies. https://www.nj.gov/health/fhs/maternalchild/outcomes/

Sunday, January 31, 2021:

Day 9 of #123ForMOMS—Keep this tool printed on your refrigerator: Post Birth Warning Signs for families and women. The script provides wording to help communicate symptoms and the essential need to being heard. Available in many languages: https://www.awhonn.org/education/hospital-products/post-birth-warning-signs-education-program/