2019 NJASBO Academy Program Legislative and Case

Transcript:2019 NJASBO Academy Program Legislative and Case:
2019 NJASBO Academy Program Legislative and Case Law Update NJASBO Headquarters Robbinsville, New Jersey March 27, 2019 Michael F. Kaelber, Esq. NJASBO Education Law Consultant kaelbs1122@aol.com 1 NEW JERSEY LEGISLATIVE UPDATE January 1, 2018 – March 23, 2019 www.njleg.state.nj.us Teacher Evaluation Rubric Weights 2018-2019 (8/31/18) mSGP Teacher Teacher Practice: 70% (55%) SGO: 25% (15%) mSGP: 5% (30%) Non – mSGP Teacher Teacher Practice 85% SGO: 15% N.J.A.C. 6A:10-4.1 (d), 5.1 (d) - Issued 8/31/18 Teacher Evaluation Rubric Weights 2018-2019 mSGP Principal AP VP Principal Practice: 70% (50%) Administrator Goals: 10% SGO Average: 10% mSGP Average: 10% (30%) Non – mSGP Principal AP VP Principal Practice 80% (50%) Administrator Goals 10% (40%) SGO Average: 10% Legislative Update P.L. 2017, c. 274 (1/8/18) – Provides certain immunity to board of director members and employees of private schools for students with disabilities for HIB incident reporting. P.L. 2017, c. 291 (1/16/18) – Establishes certain requirements, including staff training and reporting to parents/guardians of students with disabilities who are restrained or secluded in school districts, ESCs and approved PSSDs. Legislative Update Physical Restraint/Seclusion Limits use of physical restraint for students with disabilities – only in an emergency in which the student is exhibiting behavior that places the student or others in imminent physical danger Only restrain in prone position with prior written authorization of primary care doctor Staff members using restraint annually trained Immediate parental notice with written notice within 48 hours DOE Guidance 7/10/18 Legislative Update Physical Restraint/Seclusion Law defines restraint and seclusion Physical restraint-means the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body. Seclusion technique – the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout Timeout – means a behavior management technique that involves the monitored separation of a student in a non-locked setting, and is implemented for the purpose of calming. Legislative Update Physical Restraint/Seclusion N.J.S.A. 18A:6-1 Corporal Punishment statute Regular education students Training of staff – very important! Careful and continuous monitoring of each incident where restraint used; second person Documented in writing in enough detail to use to develop or improve a BIP at next IEP mtg Attempt to minimize use of physical restraint through use of positive behavior supports Legislative Update “Pass the