View FileNovember 15, 2001 to New Jersey Education Commissioner Vito A. Gagliardi, Sr. (MS Word)
Dated November 15, 2001Honorable Vito A. Gagliardi, Sr.Commissioner of EducationNew Jersey Department of Education100 River View PlazaP.O. Box 500Trenton, New Jersey 08625-0500Dear Dr. Gagliardi:Secretary Paige has asked that I respond to your letter dated September 17, 2001, regarding the need to amend New Jersey's State special education policy that permits school districts to initiate a due process hearing if a parent refuses to consent to the initial provision of special education and related services. You state that elimination of this policy will jeopardize the education of students who are eligible for special education and related services and do a disservice to students in need of services. Specifically, you ask that the Department rethink its decision and allow the due process system to remain available in those instances where the districts believe that the child's best interest is served by receiving programs and services that they are entitled to by law. Your letter raises an important issue under the Individuals with Disabilities Education Act (IDEA). The upcoming reauthorization of the IDEA will offer an opportunity for us to review the issue of overriding a parent's lack of consent to initial special education and related services, along with other aspects of this important legislation. The issue you raise concerning appropriate education for children with disabilities whose parents do not consent to initiation of services is important and deserves careful attention.I would, however, like to make sure you understand the Department's current position. Based on the IDEA Amendments of 1997, Part B regulations require parental consent for the initial provision of special education and related services and do not permit p/signed Andrew Pepin for/Robert H. Pasternack, Ph.D.Page PAGE 2 Honorable Vito A. Gagliardi, Sr.
