A joint venture between NJEA Consortium and All In for Inclusive Education
By Dr. Kim Pinckney, Michele Gardner, Fred Buglione and Camy Kobylinski
The NJEA Consortium empowers educators with resources and collaborative platforms to navigate modern education and champion equitable outcomes for all students. Our initiative builds strong community relationships, offers professional development and fosters discussions to ensure New Jersey’s diverse population sees itself reflected in our schools.
Committed to creating truly inclusive learning environments, we partnered with All In for Inclusive Education, an organization deeply aligned with our vision for an equitable, community-anchored public education system. Despite significant strides in special education over the past 50 years, continued advocacy and implementation of best inclusive practices remain critically needed. Through this partnership and article, we aim to demystify inclusion by offering actionable information to combat myths, clarify actual practice and empower educators to go all in for inclusion.
The journey to inclusion: A history of educating students with disabilities
Special education has seen its most significant progress in the last 50 years. This history helps educators understand the profound struggles families of students with disabilities have faced. For nearly two centuries after 1776, children with disabilities were largely excluded from formal education. By the early 1970s, millions were still denied appropriate schooling. The turning point came with legislative and judicial reforms, driven by early parent advocacy from the 1930s through the 1960s. These grassroots efforts influenced funding and teacher training leading to landmark court decisions in the 1970s that held states accountable for providing special education.
Major federal milestones followed. The Rehabilitation Act of 1973 required school accommodations. This was followed by the 1975 Education for All Handicapped Children Act (EHA), which guaranteed a free appropriate public education (FAPE) in the least restrictive environment (LRE). Reauthorized in 1997 as the Individuals with Disabilities Education Act (IDEA), it mandated individualized education programs (IEPs) and emphasized evidence-based, tailored instruction.
A pivotal federal push for inclusion came with the Regular Education Initiative (REI) in 1985, which aimed to integrate students receiving special education services into general classrooms. These efforts ultimately shaped today’s dynamic, rights-based system, focused on inclusion, equity and individualized support—a testament to decades of sustained advocacy and legal advancements.
The legal and civil rights imperative of inclusion: Understanding the least restrictive environment
The LRE is a legal requirement ensuring students with disabilities are educated alongside their nondisabled peers to the greatest extent appropriate. Removal from general education settings only occurs if, even with supports, an effective education isn’t possible there. While terms like “mainstreaming” are used, LRE is the legally defined standard.
Landmark court decisions, such as Oberti v. Board of Education of the Borough of Clementon (1991), reinforce this. This ruling strongly favored placing students with disabilities in regular classrooms, emphasizing supplementary aids and services to facilitate inclusion and clarifying LRE requirements under the Individual with Disabilities Education Act (IDEA).
New Jersey’s LRE landscape: Requirements and realities
New Jersey law (N.J.A.C. 6A:14-4.2) mandates that students with disabilities be educated in the LRE, meaning alongside nondisabled peers whenever appropriate. School districts must prioritize inclusion, ensuring removal from general education only occurs when a disability prevents satisfactory learning, even with supports. Placement decisions, reviewed annually, must be based on each student’s IEP, keeping the educational setting as close to home as possible. Crucially, students cannot be placed in more restrictive settings solely due to curriculum needs; program choices must always reflect individual student needs and consider success in general education with supports.
Despite these clear directives, New Jersey’s LRE statistics are alarming. The state ranks 50th for including students with disabilities in general education for 80% or more of the day. Only 45% of New Jersey’s students with disabilities meet this level of inclusion—far below the national average of 66%. New Jersey remains the only state where less than half of its students with disabilities spend the majority of their day in general education. We must do better to ensure our students with disabilities receive the inclusive education they deserve.
Inclusive practices and mindsets
Mindset shifts involve profound changes in how we perceive and react to the world, adopting new perspectives and core beliefs. These shifts extend beyond superficial adjustments—they are essential for personal growth, problem-solving and resilience. Embracing authentic, intentional and equitable inclusion in K-12 education requires such shifts.
The benefits are far-reaching: they empower individuals to transcend limitations. We advocate for releasing limiting beliefs about diverse learners and embracing data supporting their vast possibilities. The following sections will illustrate frameworks that support inclusive general education classrooms, built on these essential mindset shifts.
Universal Design for Learning
To effectively support and include all students, frameworks, processes, and strategies can be employed. Within the work of the Consortium, we strive to not only amplify underrepresented voices but also to ensure that the professional development and instructional materials we produce are accessible. To that end, we implement the Universal Design for Learning (UDL) framework—not as a pedagogical trend, but as a foundational shift in how we approach teaching and learning for all students in New Jersey.
UDL asks educators to proactively design instruction that is accessible and engaging from the start. Rather than retrofitting accommodations, UDL considers the diverse strengths, challenges and preferences of learners upfront. Its strength lies in three key principles: providing multiple means of engagement, representation, and action and expression.
By consciously building these options into our lessons, we eliminate barriers before they arise, ensuring every student has pathways to access content, process information and demonstrate their understanding in ways that genuinely work for them.
Embracing UDL means moving beyond traditional, “one-size-fits-all” instruction. It’s about designing universal Tier 1 instruction with high quality and flexibility that inherently meets the needs of a broader range of learners. This proactive approach significantly reduces the need for extensive individual modifications later on, making teaching more efficient and effective for everyone in the classroom.
For example, in a unit on the American Revolution:
- Multiple means of engagement (The “why”): An educator could offer students choices to “hook” into the topic, such as watching a documentary, engaging with a primary source letter or debating related to modern issues.
- Multiple means of representation (The “what”): Information on the causes of the American Revolution could be presented through a textbook reading, an audio recording, a graphic organizer or short video explanations.
- Multiple means of action and expression (The “how”): Students might demonstrate understanding by writing an essay, creating a historical comic, giving a presentation or building a diorama, allowing them to leverage their strengths.
Ultimately, UDL empowers New Jersey educators to create dynamic, equitable classrooms where all students, regardless of their learning profiles, are set up for success from day one, reflecting our collective commitment to an equitable, representative and community-anchored public education system.
Multi-tiered systems of support
Multi-tiered systems of support (MTSS) is a whole-school, proactive framework designed to provide increasing levels of support to all students. MTSS is a framework that creates several layers of intervention called tiers.
- Tier 1 is the universal tier. This is the basic instruction and intervention that all students receive. It calls for high-quality, research-based instruction usually using UDL as the foundation. This high-quality instruction is provided to all students in general education classrooms.
- Tier 2 is the first add-on to Tier 1. All further tiers are additional to the ones before them. Tier 2 intervention occurs two to three times a week for students in small groups (five to eight learners) on a particular skill. These interventions occur outside of the time scheduled for Tier 1. This instruction does not replace instruction in Tier 1. This intervention is usually provided for six to eight weeks, and teachers progress monitor student performance once every other week.
- Tier 3 instruction occurs four to five times a week for students in very small groups (one to three learners). Progress monitoring occurs on a weekly basis and students will receive this intervention for eight to 16 weeks—12 weeks is the most common duration.
MTSS is a proactive process. A data team makes decisions on levels of intervention and the students assigned to those interventions. There may be a single data team or multiple data teams, depending on the size of the school.
Three times per year, all students take a universal screener (a 60-minute assessment that includes the skills the interventions will support). There are a variety of universal screeners that districts can choose from. Most incorporate literacy and mathematics.
The results of the universal screener are analyzed by the data team, and based on those results, the data team selects students for Tier 2 and Tier 3 interventions. The data team then meets monthly and analyzes progress monitoring data to make decisions about the interventions.
The power of this framework lies in its adaptability and commitment to all learners. At its core, MTSS is about data-driven decisions regarding interventions. When a student receives Tier 2 support, their progress is closely monitored. If they excel, that intervention can be phased out. If they continue to struggle, the data team strategically considers continuing Tier 2, escalating to more intensive Tier 3 support, or even exploring a special education evaluation.
Importantly, Tier 1, the universal instruction all students receive, must be high-quality and incorporate UDL principles, ensuring learning is accessible and engaging from the outset, not just for some, but for everyone.
MTSS is not a separate track for students with disabilities; it’s an inclusive system where any student needing support receives it, regardless of classification. This means that if a student with a disability in a general education classroom would benefit from an MTSS intervention, they should receive it.
Beyond academics, MTSS can be leveraged for behavioral, mental health and social-emotional learning interventions, making it a truly comprehensive schoolwide framework. When implemented with fidelity, MTSS demonstrably reduces referrals for special education evaluations, minimizes teacher workload, and, most importantly, significantly improves student outcomes, proving its effectiveness as a proactive, holistic approach to education.
Myths vs. facts: Unpacking common misconceptions about inclusive education
Myth-busting is essential for shifting mindsets about inclusive education. Many myths stem from misunderstandings, limited collaboration, insufficient resources and a lack of experience with effective inclusion. Addressing these misconceptions helps pave the way for more informed, supportive and inclusive practices in schools. Here are some common myths about inclusive education, along with the facts that dispel them.
Myth: General education students will suffer when attention is diverted from them to students with disabilities.
This myth assumes that inclusive education is a zero-sum game, where supporting one student takes away from another. In reality, inclusive classrooms benefit all students. Research shows that when teachers use differentiated instruction, cooperative learning and UDL—core strategies in inclusive education—academic outcomes improve across the board. Inclusive settings foster empathy, collaboration and a deeper understanding of individual differences, preparing all students for diverse workplaces and communities. Inclusion doesn’t mean less attention for some—it means better, more responsive teaching for everyone.
Myth: By including all students in general education, we are doing a disservice to students who need special education services.
Inclusive education is not about placing students with disabilities in general education settings without support—it’s about providing the proper supports within those settings so all students can thrive. Research consistently shows that students who receive special education services often make greater academic and social gains in inclusive classrooms than in segregated ones. Inclusive environments offer access to the whole curriculum, higher expectations and meaningful interactions with peers—all of which contribute to stronger outcomes and a greater sense of belonging. Far from being a disservice, inclusion is a pathway to opportunity and equity.
Myth: Inclusion is too hard. It’s “one more thing” on the educator’s already full plate.
There is no doubt about it: educators DO have a lot on their plates. However, inclusion isn’t “one more thing”—it is THE thing. Inclusive practices like UDL, MTSS, differentiated instruction and flexible grouping make teaching more effective for all students, not just those with identified needs. While it may require a shift in mindset and some initial effort, inclusion ultimately creates a more supportive, collaborative classroom where all learners can succeed—and where educators feel more empowered, not burdened.
Fact: Specially designed instruction is integral for all learners.
Inclusive education means more than just placing students with IEPs in general education classrooms—it means ensuring they receive the specially designed instruction outlined in their IEPs, which can and should occur within the MTSS framework. Specially designed instruction is what makes inclusion meaningful and effective, allowing students with disabilities to access the curriculum, meet their goals and participate alongside their peers. When implemented within inclusive settings, specially designed instruction strategies—such as modeling, visual supports and chunking—enhance learning for all students. Inclusion works best when specially designed instruction is part of the plan, not an afterthought.
Fact: Students DO NOT have to earn the right or pass criteria that entitle students to be included.
Inclusion is a right, not a reward. All students, regardless of ability or disability, have the right to learn and participate in general education settings alongside their peers. Requiring students to “earn” inclusion by meeting specific criteria reinforces the ableist practice of exclusion and denies them equitable access to the curriculum, community and social experiences of school. True inclusive education starts with the belief that every student belongs, all students are ours, and that it’s our responsibility to create environments where they can thrive.
Embracing the future: Our collective commitment to inclusive education
The journey toward truly inclusive education in New Jersey is both a legal imperative and a moral calling. As we’ve explored, the history of educating students with disabilities has come a long way, yet significant disparities persist, as is particularly evident within our state’s least restrictive environment statistics.
Through frameworks like UDL and MTSS, coupled with essential mindset shifts, educators have powerful tools to dismantle barriers and create classrooms where every student’s diverse strengths are not just accommodated but celebrated. This partnership between NJEA Consortium and All In for Inclusive Education is dedicated to empowering educators with the knowledge and resources to make this vision a reality.
We will continue to spread awareness that inclusion is not a burden; it is the fundamental principle that enriches our schools and communities. We will continue to address misconceptions, embrace evidence-based practices, and support educators and staff in optimizing environments where all learners can thrive. Together, we can collectively transform New Jersey’s educational landscape.
Kim Pinckney, Ph.D. (kpinckney@njea.org) is an associate director within the NJEA Professional Development and Instructional Issues (PDII) Division and the Consortium Coordinator.
Michele Gardner, M.Ed. (michele@allinforinclusiveed.org) is the executive director of All in for Inclusive Education.
Fred Buglione, M.A., M.Ed. (fred@allinforinclusiveed.org) is the CEO of All in for Inclusive Education.
Camy Kobylinski (ckobylinski@njea.org) is an associate director in the NJEA PDII Division.
Success stories
We welcome you to view these video testimonials from some of All In’s success stories.