New Jersey Protection and Advocacy, Inc. New Jersey's designated protection and advocacy system for people with disabilities

State and Local

Early Intervention Regulations

New Jersey Protection & Advocacy, Inc., filed a petition for rulemaking with the Department of Health and Senior Services on September 19, 2003, requesting that the Department promulgate early intervention regulations as required under N.J.S.A. 26:1A-36.6 through 36.8, originally passed by the legislature in 1993. The Department finally published proposed regulations in September 2007, and the public comment period ended on November 3, 2007. The Department is reviewing the comments and drafting responses. Once the responses are complete, the comments, responses, and final regulations will be published in the New Jersey Register.

Special Education Burden of Proof

General Assembly bill A4076 returns the burden of proof and production in special education administrative hearings to the school districts. This was the status in New Jersey for approximately 17 years until a Third Circuit Court of Appeals decision applied the U.S. Supreme Court’s decision in Schaeffer v. Weast, 546 U.S. 49 (2005), to New Jersey. The bill was passed by the Assembly and the Senate. The Governor signed the bill on January 13, 2008, and for all cases filed after this date the burden of proof and production is on the school districts.

Smoking Ban at State Psychiatric Hospitals

Senate Bill S607 seeks to ban smoking on the grounds of all state psychiatric hospitals. Sponsored by Senator Vitale, the bill was reported out of the Senate Health, Human Services and Senior Citizens Committee and awaits action by the full Senate.

National and Federal

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

FY 2009 President's Budget Proposal

The President released his proposed budget for fiscal year 2009 on Monday, February 4, 2008. His budget proposed increases for the military and homeland security; however, he proposed the elimination of more than 100 federal programs, including the Protection and Advocacy of Individuals with Traumatic Brain Injuries, Protection and Advocacy for Assistive Technology, and the Supportive Employment Programs. In addition, many other discretionary programs are severely cut, including housing programs. The President proposes a 50% cut to Section 811 housing. Section 811 is the only federal program requiring that new home construction be accessible for people with disabilities.

The IDEA Fairness Restoration Act

Congressman Van Hollen (MD) and Congressman Sessions (TX) sponsored H.R. 4188. The bill proposes to restore a prevailing parent’s right to recover the reasonable expenses of expert witnesses in special education hearings. While advocates believe it was the intent of Congress when the original legislation was passed in 1986 that parents would be able to recover expert costs under the attorney fees provision of the law, the U.S. Supreme Court recently ruled otherwise. The bill seeks to correct the Court’s interpretation. Currently, the bill has only 14 co-sponsors, none from New Jersey.

ADA Restoration Act

H.R. 3915, the ADA Restoration Act of 2007, seeks to restore the ADA to its original congressional intent. Congress intended the ADA to provide a comprehensive prohibition against discrimination based upon disability. However, the United States Supreme Court has significantly narrowed the ADA definition of “disability” making it difficult for people with real disabilities to pursue employment discrimination cases under the ADA.

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