Legislative Page

Through its Legislative Committee, DRNJ monitors significant legislative and regulatory issues, providing comment and feedback to public officials and those who represent us regarding the needs of people with disabilities and the potential impact of regulations and legislation. Following are brief highlights of legislation that DRNJ is currently advocating.

New Jersey receives Waiver from No Child Left Behind

New Jersey is one of ten states to receive a federal waiver from the No Child Left Behind law. With this waiver, New Jersey is not required to meet the 2014 targets set in place for student achievement, but must still adopt a plan, implement college and career-ready standards for its students, and have a comprehensive system of professional development for teachers and principals.

New Jersey is required to set new targets for improving academic achievement and closing the achievement gaps that exist with some student populations. In addition, New Jersey must ensure that an accountability system is in place to reward high achieving schools and to provide interventions and support to low achieving schools.

The waiver will provide some flexibility to New Jersey and the other states in spending federal Title I money, but still requires accountability for academic achievement and achievement gaps.

Clinical Nursing Standards for Medically Fragile Children

S375 would heighten standards for nursing services provided to medically fragile children, such as those with tracheotomies and feeding tubes, in school settings. The goal is to increase continuity between home based and school services. The bill allows parents a choice of providers, as long as it is cost neutral for school districts.

Law Enforcement Notification of Discharge from Mental Health Screening

S67 affects individuals who are brought to mental health screening centers by law enforcement officials. The bill would require mental health screening centers to notify local law enforcement officials prior to implementing recommendations, such as discharge or admission to a psychiatric facility, for individuals with any pending criminal charges. If referring an individual to outpatient services, the center must also provide notification of the pending charges to the community outpatient service provider.

DRNJ Submitted Comments Regarding Proposed Regulations

DRNJ submitted comments to the Department of Human Services On February 4, 2011, regarding the proposed regulations without amendments for DDD eligibility. To access a copy of the comments, click here.

DRNJ Testifies on Mental Health Services in NJ

On September 20, 2010, DRNJ's executive director, Joseph Young testified before the Assembly Human Services Committee regarding mental health services and the state psychiatric hospitals in the State of New Jersey. Click here to view the comments.

Comments Submitted on the Early Intervention Family Cost Share Increase

DRNJ submitted comments to the Department of Health and Services regarding the proposed increase to the early intervention family cost share. Click here to view the comments.

Comments Submitted on the Emergency Enactment of DDD Placement Regulations

DRNJ submitted comments to the Division of Developmental Disabilities regarding the emergency adoption of placement regulations. Click here to view the comments.

Comments Submitted on the Proposed DDD Waiting List Regulations

DRNJ submitted comments to the Division of Developmental Disabilities regarding the proposed readoption without amendments waiting list regulations. Click here to view the comments.

Comments Submitted on the Proposed Family Support Services Regulations

DRNJ submitted comments to the Division of Developmental Disabilities regarding the proposed readoption without amendments family support services regulations. Click here to view the comments.

Executive Director Provided Testimony Before the Assembly Human Services Committee

Joseph Young, Executive Director of DRNJ provided testimony before the Assembly Human Services Committee to express concerns about the change in the definition of “traumatic brain injury” in the proposed amendment to N.J.A.C. 10:141-1.2. To access a copy of the testimony, click here.

National and Federal

DRNJ advocates for federal legislation benefiting people with disabilities and their families. DRNJ is a member of the National Disability Rights Network (NDRN) Legislative Committee. Below is an update of federal legislation.

Reauthorization of the Elementary and Secondary Education Act

The ESEA, also known as No Child Left Behind, is scheduled for reauthorization. In the House of Representatives, there are multiple bills to reauthorize this major education law and the goal appears to be decreased accountability on the States. Under current law, the bottom two percent of students with disabilities, those with the most significant disabilities, may be tested using different or alternate assessment tools, the outcomes of which are not based on state standards, while all other students, including the remaining 98% of students with disabilities must take the standard state assessment based on state standards. Students with disabilities may, however, use accommodations. The proposal removes this two percent cap, giving states the option of allowing all special education students, regardless of their disability, to take an alternate assessment that does not need to meet state standards. In addition, the House of Representatives is seeking removal of required sub-reporting of assessment scores for groups based on ethnicity, English Language Learners and students with disabilities. Without the sub-reporting, states and school districts can report on the overall scores, which do not show how particular subgroups are achieving.

Use of Restraint and Seclusion in Schools

Keeping All Students Safe Act (S 2020) is sponsored by Senator Harkin from Iowa. The bill aims to create federal minimal standards regarding the use of restraint and seclusion in schools. Standards include a ban on life-threatening restraints that restrict breathing, parental notification within 24 hours once restraints are used, and data collection and reporting. Standards exist for the use of restraints on children in hospital settings but not in schools. Currently, there are no standards in the State of New Jersey regarding the use of restraints and seclusion. A hearing is not yet scheduled for this bill.