- Classroom Instability & Daily IEP/504 Violations: Subcontracting has caused recurring absences and tardiness, leaving classrooms understaffed. These persistent gaps violate mandated IEP/504 plans,breaching New Jersey Special Education Code (N.J.A.C. 6A:14) and denying students a Free Appropriate Public Education (FAPE) under federal law.

 

- Student Impact and Violation of IDEA/FAPE: Paraprofessionals support qualified students in the Least Restrictive Environment across general education, inclusion, and self-contained settings. Frequent turnover disrupts daily routines and prevents the reliable delivery of required IEP/504 supports, violating N.J.A.C. 6A:14 and IDEA.

 

- Whole-School & Classroom Safety Impact: Unstaffed support roles pull teacher focus, destabilize entire classrooms, and compromise safety across whole buildings. Inconsistent supervision has led to severe safety concerns.

 

- Vendor & Labor Liabilities: Subcontracting models relying on low pay and worker misclassification exploit staff (predominantly Black and Brown women), drive high turnover, and expose SOMSD to legal liabilities.

 

- Lack of Operational Oversight: Central administration has failed to observe classroom conditions firsthand for full-day periods or implement transparent policies, substitute coverage, and proper safety/elopement training for third-party vendor staff.

 

- False Fiscal Economy: Short-term vendor savings defeat financial prudence by triggering far higher long-term institutional liabilities in legal compliance, administrative due process under N.J.A.C. 6A:14, formal litigation, and Out-of-District (OOD) placements. Key Recommended Actions

5. Integrate Special Education into DEI: Formally clarify where special education families and neurodiverse students fit under the district’s DEI umbrella and budget priorities with total transparency.