reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-15 - Approval of special facilities and education programs.

18A:46-15 Approval of special facilities and education programs.
18A:46-15. a. The commissioner with the consent of the State board shall, according to the rules and regulations prescribed by the commissioner and approved by the State board, approve all special facilities and education programs which meet the requirements of this chapter. The commissioner shall, by the use of available staff members, by the publication of bulletins, and by any other means available, assist boards of education in formulating programs required under this chapter.
b. The commissioner shall continually review the operation of the programs of special education required under this chapter and whenever in any area or region of this State, in the commissioner's judgment, children of one or more disability groups, as identified in N.J.S.18A:46-1, are not receiving satisfactory education programs, despite the operation of facilities and programs approved by the commissioner pursuant to subsection a. of this section, the commissioner shall, with the consent of the State board, order the establishment of a special class or classes for such group or groups in such area or region, either using the facilities to be provided by one or more boards of education, pursuant to subsection b. of N.J.S.18A:46-20, or the facilities of one or more jointure commissions by directing one or more boards of education not members to become contracting districts of any thereof under P.L.2007, c.63 (C.40A:65-1 et al.).
c. The commissioner shall continually review the operation of such class or classes, and in case the operation of any of such classes is not satisfactory, the commissioner shall, with the consent of the State board, take such steps available under this chapter as may seem necessary to improve such operation including the use of different receiving districts and sending districts and the use of different jointure commissions or the addition or withdrawal of districts to or from existing jointure commissions.
amended 1970, c.256, s.2; 2017, c.131, s.49.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-18.2 - Definitions

18A:46-18.2. Definitions
For the purposes of this act:
a. "Multidisciplinary treatment team" means an evaluation team consisting of a psychologist, a learning disability teacher consultant, a social worker and any other professional who may be involved in the evaluation or treatment of a child in a State facility.
b. "State facility" means a State residential facility for the developmentally disabled, a day training center which is operated by or under contract with the State and in which all the children have been placed by the State, a State residential youth center, a State training school or correctional facility, and a State child treatment center or psychiatric hospital.
L. 1986, c. 32, s. 1, eff. June 23, 1986.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-18.3 - Notice to parents, guardians.

18A:46-18.3 Notice to parents, guardians.
2. a. The multidisciplinary treatment team at a State facility shall provide written notice to the parent or legal guardian of a child who is placed in the facility, when the child attains the age of 18, or, if the child is over the age of 18 when placed in the facility, at the time of placement, that the child is not entitled to receive tuition free educational services after the age of 21.
b. Written notice given pursuant to this section shall describe in detail the parent's or guardian's opportunity to consent to having the child's name or other relevant information forwarded in a report to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, for the purposes of determining whether the child will likely need services after the age of 21 and, if so, recommending possible adult educational services. For the purposes of this subsection, "relevant information" means that information in the possession of and used by the multidisciplinary treatment team to ascertain the physical, mental, emotional, and cultural-educational factors which contribute to the child's disability, including but not limited to: (1) results of physical and psychological examinations performed by private and school district physicians and psychologists; (2) relevant information presented by the parent or legal guardian and teacher; (3) school data which bear on the child's progress, including the child's most recent individualized educational program; (4) results of the most recent examinations and evaluations performed; and (5) results of other suitable evaluations and examinations possessed by the team. Nothing in this subsection shall be construed to require a multidisciplinary treatment team to perform any examination or evaluation not otherwise required by law.
c. Upon the written consent of the parent or legal guardian, the multidisciplinary treatment team shall forward the child's name and other relevant information in a report to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, for the development of a recommendation for adult educational services. A copy of the report shall also be submitted to the Commissioner of Education at the same time that the report is submitted to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as applicable.
L.1986, c.32, s.2; amended 2006, c.47, s.97; 2017, c.131, s.50.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-18.4 - Recommendation for adult educational services.

18A:46-18.4 Recommendation for adult educational services.
3. a. The Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, or their designees, in consultation with the Commissioner of Education, or his designee, shall determine whether a child, whose report is submitted to the Department of Human Services, Department of Children and Families, or the Department of Corrections, as appropriate, pursuant to subsection c. of section 2 of this act, will likely need adult educational services and, if the need will likely exist, develop a recommendation of all appropriate educational programs operated or approved by the Department of Human Services, Department of Children and Families, Department of Corrections or Department of Education which may be available when the child attains the age of 21. If necessary and appropriate, the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, may conduct an evaluation of the child to determine if adult educational services will be needed. The recommendation of all programs shall be made available to the parent or guardian of the child as soon as practicable but not later than six months before the child attains the age of 21.
b. If the Commissioner of Human Services, Commissioner of Children and Families, or Commissioner of Corrections, as appropriate, determines, pursuant to subsection a. of this section, that the child will not require adult educational services, the commissioner shall notify the child's parent or guardian in writing of the determination. The notice shall be given as soon as practicable but no later than six months before the child attains the age of 21.
L.1986, c.32, s.3; amended 2006, c.47, s.98.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-18.5 - Annual report.

18A:46-18.5 Annual report.
4. The multidisciplinary treatment team shall prepare and submit an annual report to the Departments of Education, Corrections, Children and Families, and Human Services on October 1, 1986 and thereafter on or before October 1 of each year. The annual report shall contain the number of cases submitted to the Commissioner of Human Services, the Commissioner of Children and Families, and the Commissioner of Corrections pursuant to subsection c. of section 2 of this act, the type and severity of the handicapping condition involved with each case, and other necessary information. The annual report shall not contain individually identifying information.
L.1986, c.32, s.4; amended 2006, c.47, s.99.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-18.6 - Rules, regulations.

18A:46-18.6 Rules, regulations.
5. The Commissioner of Human Services, the Commissioner of Children and Families, and the Commissioner of Corrections shall adopt, within six months from the date that this act takes effect, rules and regulations in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) that are appropriate to implement this act.
L.1986, c.32, s.5; amended 2006, c.47, s.100.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.1 - Legislative findings and determination

18A:46-19.1. Legislative findings and determination
The Legislature hereby finds and determines that the security and welfare of the State require that all school-age children be assured the fullest possible opportunity to develop their intellectual capacities. In order to achieve this objective it is the intent of this Legislature to require that the State and local communities identify and provide remedial services for handicapped children in both public and nonpublic schools.
L.1977, c. 193, s. 1, eff. Aug. 25, 1977.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.2 - Definitions

18A:46-19.2. Definitions
As used in this act:
a. "Commissioner" means the State Commissioner of Education.
b. "Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352).
L.1977, c. 193, s. 2, eff. Aug. 25, 1977.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.3 - Provision of facilities and programs pursuant to chapter 46; application only to public school pupils; exception

18A:46-19.3. Provision of facilities and programs pursuant to chapter 46; application only to public school pupils; exception
The provision of facilities and programs pursuant to chapter 46 of Title 18A of the New Jersey Statutes shall apply only to children enrolled in the public schools of the State except as specifically provided by law.
L.1977, c. 193, s. 5, eff. Aug. 25, 1977.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.4 - Provision for speech language specialist

18A:46-19.4. Provision for speech language specialist
Each board of education shall provide for the services of a certified speech-language specialist for each child attending a nonpublic school located in the school district and classified pursuant to N.J.S.18A:46-8 as requiring the services of a certified speech-language specialist.
L.1977,c.193,s.6; amended 1991,c.128,s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.5 - Services to students in nonpublic schools.

18A:46-19.5 Services to students in nonpublic schools.
7. Services for children enrolled in nonpublic schools shall be provided only upon the consent of the parent or guardian and shall be provided in a location determined by the local board pursuant to rules and regulations of the State board.
L.1977,c.193,s.7; amended 1998, c.12, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.6 - Transportation to location or maintenance of vehicular classrooms to obtain services; payment of cost

18A:46-19.6. Transportation to location or maintenance of vehicular classrooms to obtain services; payment of cost
If the provision of services, pursuant to this act requires transportation or the maintenance of vehicular classrooms, the board of education of a district in which a nonpublic school is located shall provide for such transportation and maintenance and the cost shall be paid from State aid received by the district for the purpose of this act.
L.1977, c. 193, s. 8, eff. Aug. 25, 1977. Amended by L.1984, c. 120, s. 1, eff. Aug. 8, 1984.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.7 - Contracting for examination, classification, speech correction services.

18A:46-19.7 Contracting for examination, classification, speech correction services.
9. A board of education may contract with an educational improvement center, an educational services commission or other public or private agency approved by the commissioner other than a church or sectarian school, for the provision of examination, classification and speech correction services required by this act. Prior to any change in the provision of these services, the board shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents.
L.1977,c.193,s.9; amended 1999, c.364, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.9 - Severability

18A:46-19.9. Severability
If any provision of this act or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect; and, to this end, the provisions of this act are declared to be severable.
L.1977, c. 193, s. 16, eff. Aug. 25, 1977.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-19.10 - Certain state funds excluded from minimum funding requirement calculation under IDEA

18A:46-19.10. Certain state funds excluded from minimum funding requirement calculation under IDEA
1. State funds appropriated pursuant to P.L.1977, c.193 (C.18A:46-19.1 et seq.) to provide special education and related services to students enrolled in nonpublic schools shall not be included by a school district in the calculation of the minimum funding requirement for nonpublic school students under the "Individuals with Disabilities Education Act," 20 U.S.C. s. 1400 et seq.
L.2001,c.230.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-20 - Receiving pupils from outside district; establishment of facilities

18A:46-20. Receiving pupils from outside district; establishment of facilities
The commissioner may, in his discretion, with the approval of the State board:
a. Require any board of education, having the necessary facilities to provide the services required to be provided by this chapter, to receive pupils requiring such services from other districts; or
b. Require any board of education not having the necessary facilities to provide the facilities and services required to be provided pursuant to N.J.S. 18A:46-15b and to receive pupils requiring such services from other districts.
L.1967, c.271; amended by L.1970, c. 256, s. 3, eff. Nov. 2, 1970.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-21 - Tuition for pupils with disabilities.

18A:46-21 Tuition for pupils with disabilities.
18A:46-21. Any board of education, jointure commission, or private school for pupils with disabilities which receives pupils from a sending district under this chapter shall determine a tuition rate to be paid by the sending board of education, but in no case shall the tuition rate exceed the actual cost per pupil as determined under rules prescribed by the commissioner and approved by the State Board of Education.
amended 1986, c.50; 2017, c.131, s.51.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-22 - Withdrawal of pupils by sending districts.

18A:46-22 Withdrawal of pupils by sending districts.
18A:46-22. Any board of education which has entered or hereafter shall enter its pupils with disabilities in the schools of a receiving district may not withdraw such pupils for the purpose of entering them in the schools of another district unless good and sufficient reason exists for such a change and unless an application therefor is made and approved by the commissioner. Either the receiving or sending board of education, if dissatisfied with the determination of the commissioner on any such application, may appeal to the state board, and, in its discretion, that body may affirm, reverse, or modify the commissioner's determination.
Amended 2017, c.131, s.52.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-23 - Transportation of children with disabilities, State aid.

18A:46-23 Transportation of children with disabilities, State aid.
18A:46-23. The board of education shall furnish transportation to all children with disabilities identified pursuant to this chapter who shall qualify therefor pursuant to law and it shall furnish the transportation for a lesser distance also to any child with a disability, if the board finds upon the advice of the examiner, that the disability makes transportation necessary or advisable.
The board of education shall furnish transportation to all children being sent by local boards of education to an approved 12-month program pursuant to N.J.S.18A:46-14, or any other program approved pursuant to N.J.S.18A:46-14 and who qualify therefor pursuant to law, during the entire time the child is attending the program. The board shall furnish transportation for a lesser distance also to a child with a disability, if the board finds upon the advice of the examiner that the disability makes the transportation necessary or advisable.
The school district shall be entitled to State aid for the transportation pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) when the necessity for the transportation and the cost and method thereof have been approved by the executive county superintendent of the county in which the district paying the cost of the transportation is situated.
amended 1975, c.212, s.34; 1978, c.158, s.2; 1979, c.429; 1990, c.52, s.59; 1996, c.138, s.76; 2007, c.260, s.72; 2017, c.131, s.53.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-24 - Agreements for joint facilities, etc.; approval by commissioner

18A:46-24. Agreements for joint facilities, etc.; approval by commissioner
Any two or more districts may provide for facilities, examinations or transportation under this chapter under the terms of an agreement adopted by resolutions of each of the boards of education concerned setting forth the essential information concerning the facilities, examination or transportation to be provided, the method of apportioning the cost among the districts and of computing the proportion of the state aid to which each district shall be entitled, and any other matters deemed necessary to carry out the purpose of the agreement. No such agreements shall become effective until approved by the commissioner.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-29 - County special services school district.

18A:46-29 County special services school district.
1. The board of chosen freeholders of any county may establish a county special services school district for the education and treatment of children with disabilities, pursuant to N.J.S.18A:46-1, upon its finding that the need for such county special services school district exists. Before making any finding as to the existence of such need, the board shall hold at least one public hearing thereon upon not less than 10 days' notice of the time and place thereof published in a newspaper of general circulation in the county. If the board of freeholders, by resolution, authorizes the establishment of such a school district for the county, schools shall be forthwith established and maintained in the county and shall be known as the "schools for special services in the county of" (here insert the name of the county in which the schools are located).
L.1971, c.271, s.1; amended 2017, c.131, s.54.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-32 - Approval of program and courses of study

18A:46-32. Approval of program and courses of study
The program and courses of study to be pursued in such special services school and all changes therein shall be approved by the Commissioner of Education, with the advice and consent of the State Board of Education.
L.1971, c. 271, s. 4, eff. July 27, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-33 - Priority of types of courses of study

18A:46-33. Priority of types of courses of study
Courses of study should be pursued to provide as a first priority, programs or courses of study not at that time available in any other school within the county especially for those with unusually severe disability or those with unusual multi-disability. Then courses of study should be pursued, as deemed necessary by the Commissioner of Education which may be available at that time but where there is not sufficient capacity available at that time to accommodate all the students identified and classified as requiring these courses of study.
L.1971, c. 271, s. 5, eff. July 27, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-35 - Board of education; composition; terms; vacancies

18A:46-35. Board of education; composition; terms; vacancies
For each county special services school district established in accordance with this act there shall be a board of education consisting of the county superintendent of schools, ex officio, and six persons to be appointed by the director of the board of chosen freeholders with the advice and consent of the remaining members of such board. In any county having a county mental health board, the chairman thereof, or his designee, shall also serve as an ex-officio member of the board of education but shall not be entitled to vote on any matter before the board. The appointive members shall serve for terms of 3 years commencing as of July 1 of the calendar year in which they are appointed and to continue until their successors are appointed and qualify, except that of those first appointed two shall be appointed for terms of 1 year, two for 2 years, and two for 3 years.
Vacancies in the board caused by the death, resignation or removal of a member shall be reported forthwith by the secretary of the board to the director of the board of chosen freeholders, who, by the next regular meeting of the board of chosen freeholders and in the manner herein prescribed for making appointments for a full term, shall appoint a person to fill the vacancy for the unexpired term.
L.1971, c. 271, s. 7, eff. July 27, 1971. Amended by L.1979, c. 352, s. 1, eff. Jan. 29, 1980.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-36 - Qualifications of board members

18A:46-36. Qualifications of board members
A member of the board of education created under the provisions hereof shall be a citizen and a resident of the county, shall have been such citizen and resident for at least 2 years immediately preceding his becoming a member of the board, and shall have shown an interest in children with an unusual disability to learn or in the field of mental health.
L.1971, c. 271, s. 8, eff. July 27, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-37 - Organization

18A:46-37. Organization
Each board of education for a county special services school district shall organize annually by the election of a president and vice-president on any day, except a Sunday, during the first two weeks of July.
L.1971,c.271,s.9; amended 1990,c.38,s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-38 - Designation and powers of board of education

18A:46-38. Designation and powers of board of education
10. The board of education provided for herein shall be a body corporate and shall be known as "The Board of Education of the Special Services School District of the county of ," (here insert the name of the county in which such school shall be located). The board shall organize and operate in the manner provided by law and shall have the power to appoint or employ such officers, agents and employees as may be required to carry out the provisions of P.L.1971, c.271 and to fix and determine their qualifications, duties, compensation, terms of office and all other conditions and terms of employment and retention. In addition, the board shall have all the powers as are now or may hereafter be provided by law and applicable for other school districts, subject to the additional restrictions provided by this act.
L.1971,c.271,s.10; amended 1991,c.293.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-39 - Board of school estimate

18A:46-39. Board of school estimate
The board of school estimate of such county special services school district shall consist of two members of the board of education of the school district appointed by the board, two members of the board of chosen freeholders of the county appointed by that board, and the director of the board of chosen freeholders. The appointments shall be made annually between January 1 and January 15. In case of a vacancy occurring in the board by reason of the resignation, death or removal of any appointed member, the vacancy shall be filled immediately by the board which originally appointed the member, by appointing another of its members to fill the vacancy. The secretary of the board of education of the county special services school district shall be the secretary of the board of school estimate, but shall receive no compensation as such.
L.1971, c. 271, s. 11, eff. July 27, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-40 - Estimate of general fund expenses

18A:46-40. Estimate of general fund expenses
12. On or before the fourth Tuesday in March in each year the board of education of a county special services school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county special services school district for the ensuing school year.
L.1971,c.271,s.12; amended 1978,c.136,s.15; 1992,c.159,s.19; 1993,c.83,s.19.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-41 - Appropriation for current expenses

18A:46-41. Appropriation for current expenses
13. a. Between the fourth Tuesday in March and April 8 in each year the board of school estimate shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county special services school district for the ensuing school year.
b. The board of school estimate shall, on or before the last named date, make two certificates of the amount, signed by at least three of its members, one of which certificates shall be delivered to the board of education of the county special services school district and the other to the board of chosen freeholders of the county.
c. The board of chosen freeholders shall, upon receipt of the certificate, appropriate, in the same manner as other appropriations are made by it, the amount so certified, and the amount shall be assessed, levied, and collected in the same manner as moneys appropriated for other purposes in the county are assessed, levied, and collected, unless such amount is to be raised as otherwise hereinafter provided in this act.
L.1971,c.271,s.13; amended 1978,c.136,s.16; 1990,c.52,s.61; 1992,c.159,s.20.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-42 - Bonds, appropriation for land or buildings

18A:46-42. Bonds, appropriation for land or buildings
14. Whenever a board of education of a county special services school district shall decide that it is necessary to sell bonds to raise money for the purchase of lands or buildings for school purposes or for erecting, enlarging, improving, repairing, or furnishing a building or buildings for the use of the school district, it shall prepare and deliver to each member of the board of school estimate a statement of the amount of money estimated to be necessary for such purpose or purposes.
The board of school estimate shall fix and determine the necessary amount and shall make two certificates thereof, one of which certificates shall be delivered to the board of education and the other to the board of chosen freeholders of the county.
The board of chosen freeholders may appropriate and borrow such amount for the purpose or purposes aforesaid by issuance of bonds or notes of the county pursuant to the Local Bond Law, notwithstanding any debt or limitation or requirement for down payment therein provided for. The proceeds of the sale of such obligations shall be paid to the treasurer of the county special services school district and shall be paid out by him only on the warrants or orders of the board of education of the county special services school district. The treasurer shall in no event disburse such proceeds, except to pay the expense of issuing and selling such obligations and for the purpose or purposes for which such obligations were issued. If for any reason any part of such proceeds are not applied to or necessary for such purpose or purposes, the board of education of the county special services school district may transfer the balance remaining unapplied to the general fund of the school district.
L.1971,c.271,s.14; amended 1993,c.83,s.20.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-43 - Rights and privileges of teachers, principals and employees

18A:46-43. Rights and privileges of teachers, principals and employees
All teachers, principals, and other employees of the board of education of the county special services school district are hereby held to possess all rights and privileges of teachers, principals and other employees of boards of education of other school districts as provided in Title 18A of the New Jersey Statutes.
L.1971, c. 271, s. 15, eff. July 27, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-45 - Advisory committee

18A:46-45. Advisory committee
The board of education of any county special services school district shall appoint an advisory committee of not less than 10 members consisting of representatives of recognized parent and professional organizations working exclusively for the children classified as having unusual disability, as well as at least one psychiatrist, one psychologist, one social worker, and, in any county in which the commissioner has established a department of child study, the county child study supervisor. The committee shall meet at least four times per year to consider matters referred to it by the board and to make recommendations to the board.
L.1971, c. 271, s. 17, eff. July 27, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-46 - Treasurer of board of education

18A:46-46. Treasurer of board of education
The board of education of any county special services school district may appoint a treasurer, who shall not be a member of the board of education, and fix his salary and term of office. The treasurer shall give bonds in such amounts and with such securities as the board shall determine.
L.1971, c. 271, s. 18, eff. July 27, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-47 - Establishment of one board of education for county special services, vocational school district.

18A:46-47 Establishment of one board of education for county special services, vocational school district.
1. a. Notwithstanding any provisions of law to the contrary, a board of chosen freeholders may, by resolution, establish one board of education for the county special services school district established pursuant to section 1 of P.L.1971, c.271 (C.18A:46-29) and the county vocational school district established pursuant to chapter 54 of Title 18A of the New Jersey Statutes. This board of education shall be known as "The Board of Education of the Special Services School District and the Vocational School District of the county of...." This board shall have all the powers, functions and duties provided to a board of education of a county special services school district pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes and a board of education of a county vocational school district pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes.
b. The consolidated board of education established pursuant to subsection a. of this section shall consist of the county superintendent of schools, ex officio, and six persons to be appointed by the chief elected executive officer of the county, or the director of the board of chosen freeholders, with the advice and consent of the remaining members of the board of chosen freeholders, as appropriate to the appointment procedures established by the form of government of the county. In any county having a county mental health board, the chairman thereof, or his designee, shall also serve as an ex-officio, nonvoting member of the board. At least three of the appointed members shall have an interest in children with an educational disability or in the field of mental health and at least three of the appointed members shall have an interest in the field of vocational education. The appointed members shall serve for terms of three years and shall continue to serve until their successors are appointed and qualify. A vacancy in the board shall be deemed to exist, and shall be filled, in the manner prescribed in P.L.1979, c.302 (C.40A:9-12.1).
Each appointed member shall be a citizen and resident of the county and shall have been a citizen and resident for at least two years immediately preceding becoming a member of the board. If an appointed member ceases to be a resident of the county, membership on the board shall cease.
c. Of the initial members appointed to the board of education established pursuant to subsection a. of this section, two shall serve a one-year term, two shall serve a two-year term, and two shall serve a three-year term. Thereafter when a term of one of the appointed members expires, the vacancy shall be filled as provided pursuant to this section and the member shall serve a three-year term from November 1 next succeeding the date of his appointment.
L.2007, c.222, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-48 - Existing boards dissolved.

18A:46-48 Existing boards dissolved.
2. Whenever a board of education is established pursuant to subsection a. of section 1 of this act, the board of education of the county special services school district and the board of education of the county vocational school district shall be dissolved upon the first organization of the consolidated board.
L.2007, c.222, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-49 - Annual organization.

18A:46-49 Annual organization.
3. Each board of education established pursuant to subsection a. of section 1 of this act shall organize annually on July 1 by the election of a president and vice-president, unless July 1 falls on Sunday, in which case the board shall organize on the following day.
If the organization meeting cannot take place on the day hereinabove provided for by reason of a lack of a quorum or for any other reason, the meeting shall be held within 3 days thereafter.
L.2007, c.222, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-50 - Certain school districts remain independent.

18A:46-50 Certain school districts remain independent.
4. Nothing in this act shall be deemed to authorize the consolidation of a county special services school district and a county vocational school district into one school district. If a consolidated board of education is established pursuant to subsection a. of section 1 of this act, the county special services school district and the county vocational school district shall continue to be funded, operated, and maintained as independent school districts.
L.2007, c.222, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-51 - Employees transferred to consolidated school board.

18A:46-51 Employees transferred to consolidated school board.
5. All employees of a board of education dissolved pursuant to this act shall continue in their respective assignments in the county special services school district or the county vocational school district. A consolidated board of education established pursuant to this act shall recognize, preserve, and maintain all rights to tenure, seniority, pension, leaves of absence, and all other terms and conditions of employment, whether created by statute, regulation, contract, or past practice. Any periods of employment with a board of education dissolved pursuant to this act shall count toward the acquisition of tenure and any other rights, benefits, or emoluments to the same extent as if all employment had been with the consolidated board of education established pursuant to this act.
L.2007, c.222, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-52 - Maintenance of collective bargaining unit, representatives.

18A:46-52 Maintenance of collective bargaining unit, representatives.
6. All collective bargaining units and their respective majority representatives in existence in the county special services school district and the county vocational school district prior to the consolidation of the boards of education shall be maintained without change under a consolidated board of education established pursuant to this act, unless they are otherwise altered through an appropriate petition to the Public Employment Relations Commission for a change in representation or bargaining units.
L.2007, c.222, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-53 - Reference to consolidated board.

18A:46-53 Reference to consolidated board.
7. If a board of chosen freeholders establishes a board of education pursuant to subsection a. of section 1 of this act, whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the board of education of the county special services school district, the same shall mean and refer to the consolidated board.
L.2007, c.222, s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-54 - Regulations requiring plan to establish stability in special education programming.

18A:46-54 Regulations requiring plan to establish stability in special education programming.
1. The State Board of Education shall promulgate regulations to require school districts to develop a plan to establish stability in special education programming. The plan shall take into account the consistency of the location, curriculum, and staffing in the provision of special education programs and services.
The State board regulations shall also require that when developing an individualized education program (IEP) with the parent or guardian of a student who is prone to regression due to frequent changes in location including, but not limited to, students diagnosed with autism spectrum disorder, the IEP team shall consider, among other factors, the consistency of the location of services when determining in-district special education placements.
L.2013, c.19, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-55 - Regulations incorporating definition of dyslexia.

18A:46-55 Regulations incorporating definition of dyslexia.
1. The State Board of Education shall promulgate regulations that incorporate the International Dyslexia Association's definition of dyslexia into chapter 14 of Title 6A of the New Jersey Administrative Code.
L.2013, c.131, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-1 - Legislative findings and determination

18A:46A-1. Legislative findings and determination
The Legislature hereby finds and determines that the welfare of the State requires that present and future generations of school age children be assured opportunity to develop to the fullest their intellectual capacities. It is the intent of this Legislature to insure that the State shall furnish on an equal basis auxiliary services to all pupils in the State in both public and nonpublic schools.
L.1977, c. 192, s. 1, eff. Aug. 25, 1977.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-2 - Definitions

18A:46A-2. Definitions
As used in this act:
a. "Commissioner" means the State Commissioner of Education.
b. "Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 (P.L.88-352).
c. "Auxiliary services" means compensatory education services for the improvement of students' computation skills; compensatory education services for the improvement of students' communication skills; supportive services for acquiring communication proficiency in the English language for children of limited English-speaking ability; and home instruction services.
d. (Deleted by P.L.1990, c.52).
e. "Compensatory education services" means preventive and remedial programs offered during the normal school day, or in programs offered beyond the normal school day or during summer vacation, which are integrated and coordinated with programs operated during the regular school day and year. The programs shall be approved by the State Board of Education, supplemental to the regular programs and designed to assist pupils who have academic needs that prevent them from succeeding in regular school programs.
L.1977,c.192,s.2; amended 1990,c.52,s.62; 1991,c.128,s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-3 - Nonpublic schools; receipt of auxiliary services by pupils in school in district

18A:46A-3. Nonpublic schools; receipt of auxiliary services by pupils in school in district
In the 1977-78 school year, and each school year thereafter each board of education of a district in which a nonpublic school is located shall provide for the receipt of auxiliary services by children between the ages of five and 20 residing in the State and enrolled full-time in a nonpublic school located within the district.
For the purposes of this act, a child who boards at a school in a district in which his parents do not maintain a residence shall not be considered a resident of the district.
L.1977, c. 192, s. 3, eff. Aug. 25, 1977. Amended by L.1984, c. 122, s. 1, eff. Aug. 8, 1984.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-4 - Eligibility for auxiliary services

18A:46A-4. Eligibility for auxiliary services
Auxiliary services shall be provided only to those children who would be eligible for such services if they were enrolled in the public schools of the State.
L.1977,c.192,s.4; amended 1990,c.52,s.63.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-5 - Provision of auxiliary services.

18A:46A-5 Provision of auxiliary services.
5. Auxiliary services shall be provided only upon the consent of the parent or guardian and shall be provided in a location determined by the local board of education.
L.1977,c.192,s.5; amended 1998, c.12, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-6 - Transportation to location or maintenance of vehicular classrooms to obtain services; payment of cost

18A:46A-6. Transportation to location or maintenance of vehicular classrooms to obtain services; payment of cost
If the provision of services pursuant to this act requires transportation or the maintenance of vehicular classrooms, the board of education of the district in which a nonpublic school is located shall provide for such transportation and maintenance, and the cost shall be paid from additional State aid received by the district for the purpose of this act.
L.1977, c. 192, s. 6, eff. Aug. 25, 1977. Amended by L.1984. c. 122, s. 2, eff. Aug. 8, 1984.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-7 - Contract with certain agencies for provision of auxiliary services.

18A:46A-7 Contract with certain agencies for provision of auxiliary services.
7. Any board of education may contract with an educational improvement center, an educational services commission or other public or private agency, other than a church or sectarian school, approved by the commissioner for the provision of auxiliary services. Prior to any change in the provision of these services, the board shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents.
L.1977,c.192,s.7; amended 1990, c.52, s.64; 1999, c.364, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-8 - Limitation on expenditures for administration of act and rental of facilities

18A:46A-8. Limitation on expenditures for administration of act and rental of facilities
No more than 6% of the aid received by any district pursuant to this act shall be used by such district for administration of the act, and no more than 18% of such aid shall be used to rent facilities needed to implement the provisions of this act.
L.1977, c. 192, s. 8, eff. Aug. 25, 1977.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-9 - Apportionment of State aid; calculation.

18A:46A-9 Apportionment of State aid; calculation.
9. The apportionment of State aid among local school districts shall be calculated by the commissioner as follows:
a. The per pupil aid amount for providing the equivalent service to children of limited English-speaking ability enrolled in the public schools, shall be $1274.03. The appropriate per pupil aid amount for compensatory education shall be $628.71.
b. The appropriate per pupil aid amount shall then be multiplied by the number of auxiliary services received for each pupil enrolled in the nonpublic schools who were identified as eligible to receive each auxiliary service as of the last school day of June of the prebudget year, to obtain each district's State aid for the next school year.
c. The per pupil aid amount for home instruction shall be determined by multiplying the base per pupil amount by a cost factor of 0.0037 by the number of hours of home instruction actually provided in the prior school year.
Amended 1984, c.122, s.3; 1990, c.52, s.65; 1991, c.128, s.3; 1996, c.138, s.78; 2007, c.260, s.74.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-10 - Annual report; contents

18A:46A-10. Annual report; contents
Annually, on or before November 5, each board shall file a report on the number of such pupils who have been identified as eligible to receive each auxiliary service as of the last school day in October.
L.1977,c.192,s.13; amended 1984, c.122,s.4; 1990,c.52,s.66.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-12 - Notification to districts

18A:46A-12. Notification to districts
By December 15 the commissioner shall notify each district of the amount of aid apportioned to it pursuant to this act for the next school year and each district shall include such amount in its budget for the next school year.
L.1977,c.192,s.15; amended 1990,c.52,s.67.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46A-13 - Payment of state aid

18A:46A-13. Payment of state aid
In the 1978-79 school year and each year thereafter, aid pursuant to this act shall be payable in equal amounts beginning on the first day of September and on the first day of each month during the remainder of the school year. If a local board of education requires funds prior to the first payment, the board shall file a written request with the commissioner stating the need for the funds. The commissioner shall review each request and forward the requests for which need has been demonstrated to the appropriate officials for payment.
L.1977, c. 192, s. 16, eff. Aug. 25, 1977. Amended by L.1984, c. 122, s. 5, eff. Aug. 8, 1984.