A state study found that students with disabilities who returned to Trenton Public Schools from juvenile detention faced barriers and delays ranging from weeks to years before returning to the classroom.
Officials said the state Department of Education report, released earlier this week, “substantiates and confirms” the issues raised in a complaint filed May 14 by the advocacy group Disability Rights NJ.
According to the group’s website, Disability Rights NJ is the designated protection and advocacy agency tasked with protecting and advocating for the rights of people with disabilities in New Jersey.
According to the Department of Education report, complaints it filed against Trenton Public Schools allege that students with disabilities returning from out-of-home facilities, including detention centers, faced barriers and delays when trying to return to the classroom.
The report said some students waited weeks or even years to return to school, resulting in them missing out on an education altogether.
“Students with disabilities who are removed from their homes by the juvenile justice system are at high risk of being drawn into the school-to-prison pipeline,” said Michael Brower, legal director for the Disability Rights Coalition of New Jersey.
“We appreciate the New Jersey Department of Education’s swift investigation and conclusion that school districts cannot evade their legal and moral obligations to students returning from out-of-home learning,” Brauer said.
Trenton Public Schools officials did not respond to requests for comment.
As a result of the report’s findings, the state Department of Education is requiring Trenton Public Schools to complete a corrective action plan.
Read more: New Jersey Supreme Court decision changes Trenton and the U.S.
According to the investigation report, an attorney for the Trenton Board of Education said in a written response to the complaint on May 24 that the district has “developed standard operating procedures to address the issues raised that have been ‘in the works for quite some time,’ but are now being finalized.”
Students who missed classes were offered services to make up for lost time, the district said.
During the Department of Education investigation, new standard operating procedures were established for the district, but even with the new procedures in place, “noncompliance was still found,” the state said in the report.
Additionally, while the district said it provided services to students identified by Disability Rights NJ, “the district has been found to be non-compliant and corrective action is required,” the state concluded in the report.
The Disability Rights Association of New Jersey said it continues to monitor the school district.
“We expect that any corrective actions from the Department will be vigorously enforced, and Disability Rights NJ and our Youth Practice Group will be vigilant in ensuring that Trenton Public Schools and other New Jersey school districts continue to comply with their obligations to our clients,” said Lisa Quartarolo, managing attorney for Disability Rights NJ.
Since 2020, Disability Rights NJ has assisted 21 students who have returned to the district from out-of-home placements where the district had previously been flagged for issues, according to the investigative report.
The complaint identifies three students who allegedly experienced educational barriers or delays upon re-enrollment.
In one instance, as part of a juvenile plea agreement, a student was released from an out-of-home residential treatment facility on Aug. 7, 2023. The student did not return to the classroom for nine months.
According to the lawsuit, the student’s mother visited the school board office the day after her child was released from the hospital and confirmed the student was enrolled for the 2023-24 school year.
According to the lawsuit, a conference regarding the student’s Individualized Education Program (IEP) was held on Sept. 6, the first day of school.
During the meeting, the student’s mother agreed to homeschooling while awaiting out-of-district enrollment at Garfield Park Academy, a chartered private school for students with disabilities in Willingboro, according to the lawsuit.
The lawsuit alleges that out-of-school placement was the only option offered to the students.
According to documents provided by the school district, home schooling for the student began on Oct. 30 and continued through Nov. 6. The student eventually returned to juvenile detention for a short period and was then home schooled again. The district was then notified that the student could not enroll in the private school.
The student only began attending classes on May 13 after sending his records to four other accredited private schools that serve students with disabilities, according to the report.
The other case involved a student who was released from juvenile detention on March 7 and was attending Rubino Academy, an alternative high school program for Mercer County students.
The day after the student was released from the hospital, the student’s mother and care manager emailed the student’s case manager and school district administrator, according to the investigation report. After several postponements, the student did not return to school until April 30, according to the report.
Trenton Public Schools “systematically denied these returning students the free, appropriate public education guaranteed by the Individuals with Disabilities Education Act and state regulations,” the state Department of Education concluded in its report.
According to the organization, young people with disabilities returning to Trenton Public Schools from out-of-home care who are experiencing barriers to returning or are missing educational services can contact Disability Rights NJ at 800-922-7233 or email [email protected] or fill out an online intake form under “Get Help” at disabilityrightsnj.org.
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Jackie Roman can be contacted at [email protected]