Special Education

The Department of Special Education's mission is to identify students who meet the federal and state guidelines as a student with a disability. Upon identification, the district will provide appropriate services to teach the students to become active members of the community based on their individual abilities and strengths. We are focused and committed to providing a program to meet the diverse academic, social, and emotional needs of our students. This mission is not possible without the collaboration of parents, students, administrators, related services personnel, child study team members, general education teachers and special education teachers.

The special education program in Livingston is based upon the Individuals with Disabilities Education Act (IDEA) and the New Jersey Administrative Code 6A:14 for special education. IDEA governs how special education and related services are to be provided to children with disabilities from the age of 3 through 21, in accordance with the student’s Individualized Education Program (IEP).

It also provides that children with disabilities must be provided with a Free and Appropriate Public Education (FAPE) that prepares students for further education, employment, and/or independent living. Through collaboration among parents and the professional staff, an Individualized Education Program (IEP) is developed for a student taking into account the child’s unique needs in the Least Restrictive Environment (LRE). “To the maximum extent appropriate, children with disabilities are educated in classrooms with children without disabilities. Placement in special classes, separate schools, or removal from the regular education environment should occur only when the nature of severity of the disability is such that education in regular classes with the use of supplementary aides and services cannot be achieved satisfactorily.” 20 U.S.C. 1412 (a) (5) (A). This is accomplished in Livingston via a continuum of services which promotes access to and participation in general education.

The purpose of these inclusionary practices is to ensure that students with special needs are educated in the general education setting for as much of the day as possible, with the supports students need to be successful. Our inclusion practices include appropriate supplementary aides and services; accommodations and modifications; consultative services; paraprofessional/aide support; co-teaching; differentiated instruction; assistive technology and services; collaboration; related services and other supports or services an individual student needs to access the district curriculum in a general education classroom.

Livingston Public Schools offers a variety of programs designed to meet the needs of our students. They include:

• Inclusive pre-school
• Self-contained pre-school
• ABA programs for pre-school and early elementary grades
• Self-contained classes
• Resource Room classes
• In-class Resource classes
• General education classes with Supplementary Aides and Support
• Itinerant Instruction
• Related Services such as speech-language, occupational therapy and physical therapy
• General education classes
• Special Schools
• Home Instruction
• Instruction in Hospitals and Institutions

To access the New Jersey Department of Education’s, Parental Rights in Special Education (PRISE), go to https://www.nj.gov/education/specialed/parents/  or contact the Office of Special Education at 973-535-8000, ext. 8032

Project Child Find Information
Referral to the Child Study Team (CST)

Dr. Maura T. Tuite
Executive Director of Special Education & Student Personnel Services
Email: mtuite@livingston.org

Mrs. Erin Crookhorn DeMiceli
Administrative Assistant
Email: edemiceli@livingston.org
Phone: 973-535-8000, x8032
Fax: 844-376-2414

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Ms. Danielle Rosenzweig
Director of Elementary Special Education
Email: drosenzweig@livingston.org

Ms. Samantha Halloran
Supervisor of Secondary Special Education
Email: shalloran@livingston.org

Mrs. Tana Martinez
Administrative Assistant to Ms. Rosenzweig and Ms. Halloran
Email: tmartinez@livingston.org
Phone: 973-535-8000, x8008

Mrs. Chrylyn Bell-Myers
Secretary 
Email: cbellmyers@livingston.org
Phone: 973-535-8000, x8115

Mrs. Cathy Anderson
Secretary
Email: canderson@livingston.org
Phone: 973-535-8000, x7220

Statement on Disability Rights New Jersey et al., Plaintiffs v. New Jersey Department of Education, et al., Civil Action No. 07-2978 approved by the New Jersey State Board of Education on February 12, 2014
  
What is the Special Education Settlement Agreement which has been mentioned recently?
A lawsuit was initially filed in federal court, District of New Jersey, on June 27, 2007, by the Education Law Center, New Jersey Protection and Advocacy, Inc., the Statewide Parent Advocacy Network of New Jersey, and the ARC of New Jersey, on behalf of children with disabilities in New Jersey Public Schools. The lawsuit was filed against the New Jersey State Board of Education; the New Jersey Department of Education (“NJDOE”); then-Commissioner of Education, Dr. Lucille E. Davy; and the individual members of the State Board of Education seated at the time the lawsuit was filed. The complaint alleged that children with disabilities in New Jersey public schools, ages three to twenty-one, were being denied a free, appropriate, public education (“FAPE”) in the least restrictive environment (“LRE”). Plaintiffs sought an order compelling the defendants to provide a free, appropriate, public education in the least restrictive environment to all students enrolled in New Jersey public schools.
  
Status of the Lawsuit
The lawsuit did not result in a judgment for or against any of the parties. Instead, the parties reached a “settlement agreement” in which the parties agreed to perform specific measures to ensure that students with disabilities are provided with a free, appropriate, public education in the least restrictive environment. A copy of the settlement agreement is available here.
  
What are the terms of the settlement?
United States District Court Judge Mary Little Cooper approved a settlement amongst the parties to the litigation, consisting of the following components:
  
1. Needs Assessment – From September 2014 to December 31, 2014, the NJDOE will embark upon a needs assessment of the identified school districts.
 
2. From January 2015 to June 30, 2018, the NJDOE will implement an Annual Training and Assistance Plan based upon the needs identified in the prior Needs Assessment phase regarding the identified school districts.
 
3. State Inclusion Facilitators – During the three-year training and technical assistance phase, the NJDOE will provide facilitators for “non-compliant” school districts to assist in the training, monitoring and technical assistance phases of the settlement.
 
4. Annual Webinars – The NJDOE shall create at least one interactive, web-based training session of not less than one (1) hour duration for viewing by educators statewide.
 
5. Professional Development Evaluation – The NJDOE will administer a survey to each school district participating in the LRE Training and Technical Assistance to determine the need for assistance and training.
 
6. Annual Compliance Monitoring – In years one and two of the Training and Technical Assistance, the NJDOE will implement compliance monitoring to determine how well the participating districts are implementing LRE.
 
7. Final Monitoring – In year three of the Training and Technical Assistance, the NJDOE will provide the Stakeholder Committee (see number 10), with a report summarizing the progress of the participating school districts.
 
8. District LRE Facilitators – “Non-compliant” districts must designate at least one teacher, child study team member or administrator to be a resource person for and provide technical assistance to, other district staff members regarding LRE during the settlement period (3 years). Livingston is not presently a “non-compliant” district.
 
9. Training of Complaint Investigators – Prior to the commencement of the 2015-2016 school year, the NJDOE will provide one full day of mandatory LRE training to all complaint investigators employed as of the date of the training.
 
10. Stakeholder Committee – The parties to the litigation have formed a seven-member “Stakeholder Committee” which is a sub-committee of the IDEA-mandated “Stakeholders Group.”
 
11. Parental Input – When the NJDOE monitors the designated Districts as part of the settlement, it will offer to speak with the District’s special education advisory groups and will offer to talk to a random sample of 20 parents of students who represent a variety of placements, disability categories, racial/ethnic groups and grade levels.
  
Was Livingston party to the recent special education settlement?
No, Livingston was neither a party to this lawsuit nor to this settlement. The New Jersey Department of Education’s monitoring of Livingston, along with 74 other districts, is included in the settlement because at the time of the settlement, the New Jersey Department of Education identified Livingston as part of the “School-age (6-21) LRE Districts” and “Preschool (3-5) LRE Districts.”
  
What will Livingston have to do as a result of being included on the list of LRE districts?
The settlement requires that NJDOE complete a needs assessment and provide training programs and monitoring to districts that were identified including Livingston. Livingston will also complete a self-assessment Least Restrictive Environment (LRE) Questionnaire that was designed by the New Jersey Office of Special Education Programs (NJOSEP).
  
Livingston will fully cooperate with NJDOE’s fulfillment of the terms of the agreement and it is well on its way toward completing the required components of the agreement within the designated timelines. In addition to monitoring by the NJDOE as part of the settlement agreement, we will continue to report to the Board of Education and the community on steps taken and progress made to meet the needs of all students, including those with disabilities.
  
What else is Livingston Public Schools doing to ensure that students with disabilities are receiving a free, appropriate, public education in the least restrictive environment? 

• Co-planning/Co-teaching Professional Development Series
• Co-teaching in general education settings
• Extracurricular clubs and programs which are inclusive
• Supplementary Aides and Services in general education settings
• Guest speakers to discuss the concepts of acceptance, differences, and challenges with students.
• Social skills and pragmatic language activities with general education student population. For example, Conversation Connection and Conversation Café.
• Integrated Preschool Program for both three and four-year-old students
• Effective School Solutions program at Livingston High School
• Targeted Counseling Program at Heritage Middle School
• Life Skills program at Livingston High School as well as ABA Programs at Burnet Hill Elementary School to facilitate the inclusion of our out-of-district students into in-district programs.
• Professional Development for Instructional Aides and teachers
• Professional Development for Administrators 08/26,27/14
• Differentiated instruction to be expanded
• Construction projects to add classrooms and increase inclusionary opportunities/practices within the district through the Long Range Facilities Plan
• Livingston Public Schools: Strategic Plan for 2011-2016
• Superintendent’s message to staff 08/21/14
• Behavior Specialists to facilitate inclusionary practices
• Counseling at all levels
• Professional development for child study team members and administrative staff on a free and appropriate public education (FAPE), the least restrictive environment (LRE), supplementary aides and services, and best professional practices
• Career Internship Program

What can I do if I have questions about how this pertains to my child?
The Department of Student Services encourages parents/guardians to contact their case manager with questions specific to their own child. Parents/guardians are also welcome to contact Dr. Maura Tuite, Assistant Superintendent at (973) 535-8000, x8032 or mtuite@livingston.org.   

Results of Compliance Monitoring completed in February 2016 from
the New Jersey Department of Education may be found by clicking here.

Notice of Child Find Activity
Pursuant to the Individuals with Disabilities
Education Act and New Jersey Administrative Code,
Title 6A:14, Special Education

The Livingston School District has a responsibility to locate, identify and evaluate all resident students with disabilities who are in need of special education and related services.

Project Child Find is a free referral service and public awareness campaign to assist in the identification of children and youth with a delay or disability from birth through twenty-one years of age. For more information, please see the appropriate links below.  You can also call New Jersey Project Child Find at 1-800-322-8174. For additional information about the New Jersey Project Child Find please see the following:

Fact Sheet
Special Need Flyer
New Jersey Parent Link
Additional Information

New Jersey Early Intervention for Infants and Toddlers (Birth Through Age Three)

Parents or guardians who are concerned that your infant or toddler is delayed in reaching developmental milestones, you may want to consider an evaluation through New Jersey Early Intervention services. For information about an evaluation and services that could support your child, call 888-653-4463. The call is toll-free for New Jersey residents.

For additional information about New Jersey’s Early Intervention services Click Here

If you need additional information about developmental milestones for infants and toddlers, please see the following:

English 
Spanish

Child Find for Preschool Children Age Three Through Five

Parents and guardians who are concerned that their toddler might be delayed in reaching developmental milestones are encouraged to reach out for assistance to Livingston Public Schools. If you are noticing concerns in any of the following areas, please contact our Child Study Team for a possible evaluation and services to support your child prior to entering kindergarten:

• Communication of wants and needs
• Identifying common objects
• Difficulty learning new skills
• Difficulty answering questions
• Difficulty following directions
• Avoids playing with other children
• Has behavior that is very active, unusual or difficult to manage
• Has tantrums that the frequency and length are not typical for the child’s age
• Has difficulty walking or running
• Has difficulty holding small objects
• Does not respond to familiar sounds

For more information, please contact the Department of Student Services:
Telephone - 973-535-8000, ext. 8032
EMail - mtuite@livingston.org