reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:45-1 - Establishment of secondary schools and junior high schools

18A:45-1. Establishment of secondary schools and junior high schools
The board of education of any school district may, with the consent of the state board, establish and organize secondary schools including junior high schools which shall be subject to rules prescribed by the state board and the state board may withhold or withdraw its approval of any such school whenever in its opinion the academic work, location or enrollment and per capita cost of maintenance thereof shall not warrant its establishment or continuance.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-1 - Definitions.

18A:46-1 Definitions.
18A:46-1. As used in this chapter, a child with a disability shall mean and include any child who has: an intellectual disability, a visual impairment, an auditory impairment, a communication impairment, a neurological or perceptual impairment, an orthopedic impairment, a chronic illness, an emotional disturbance impairment, multiple disabilities, autism spectrum disorder, a traumatic brain injury, other health impairments, a specific learning disability, or is deaf-blind, or a pre-schooler with a disability.
amended 1981, c.415, ss.6,9 (amended 1982, c.100); 1990, c.52, s.55; 2010, c.50, s.13; 2017, c.131, s.34.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-1.1 - Burden of proof, production on school district relative to special education due process hearings.

18A:46-1.1 Burden of proof, production on school district relative to special education due process hearings.
1. Whenever a due process hearing is held pursuant to the provisions of the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto, regarding the identification, evaluation, reevaluation, classification, educational placement, the provision of a free, appropriate public education, or disciplinary action, of a child with a disability, the school district shall have the burden of proof and the burden of production.
L.2007, c.331, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-1.2 - Database relative to legal decisions concerning special education to be available on website.

18A:46-1.2 Database relative to legal decisions concerning special education to be available on website.
1. a. The Department of Education shall make available on its website an electronic database of legal decisions concerning special education in New Jersey. The purpose of the database shall be to provide parents, school districts, child study team members, and other interested members of the public with easily accessible information on legal decisions regarding New Jersey special education matters.
b. The database shall contain a full-text copy of each written decision rendered by the New Jersey Office of Administrative Law in a special education due process hearing, and, if the decision is appealed, any subsequent decision on the matter rendered by a court of the State of New Jersey or a federal court. The database shall include each special education decision rendered after the effective date of this act.
c. The department may meet the requirements of this section by maintaining the database directly on its website or by entering into a memorandum of understanding with another entity or organization that maintains an electronic database of the legal decisions, provided that the database is easily accessible to the general public and the department's website contains a link to the database or information on how to access and use the database.
L.2017, c.103, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2 - Coordination, administration of special educational services.

18A:46-2 Coordination, administration of special educational services.
18A:46-2. The commissioner shall be responsible for the coordination of the work of the county departments of child study and the general administration of special educational services in the public schools of this State.
In order to carry out the provisions of this chapter, the commissioner shall appoint staff persons qualified to administer educational services in the general field of education for children with disabilities pursuant to N.J.S.18A:46-1, including each of the disability groups identified in N.J.S.18A:46-1, and a consultant experienced in child psychiatry, and specialists in school psychology, health service, school social work, learning disabilities and special education and such other qualified personnel as the commissioner shall deem necessary and the commissioner shall fix their compensation with the approval of the State board.
The commissioner shall appoint biannually an advisory council with the approval of the State board which will consist of not less than seven nor more than 15 members representative of public and private professional and lay interests. The advisory council shall advise in the promulgation of rules, regulations, and the implementation of this chapter and the establishment of standards and qualifications for the professional personnel. The council shall serve without remuneration.
amended 1973, c.7; 1981, c.415, ss.7,9 (amended 1982, c.100); 1990, c.52, s.56; 2010, c.50, s.14; 2017, c.131, s.35.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.1 - Legislative findings

18A:46-2.1. Legislative findings
The Legislature finds that impaired hearing can greatly handicap a child's ability to acquire language and develop speech. This can have a profoundly negative effect, not only on the child's intellectual development, but on his emotional and social development as well. The Legislature further finds that in order to safeguard the well-being of those children in this State with significant hearing loss it is of the utmost importance that they be provided with adequate educational services. This bill attempts to insure that the educational needs of all hearing impaired children are met by establishing within the Department of Education the position of coordinator of deaf education.
L.1981, c. 351, s. 1, eff. Dec. 24, 1981.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.2 - Coordinator for persons who are deaf or have a hearing impairment.

18A:46-2.2 Coordinator for persons who are deaf or have a hearing impairment.
2. The Commissioner of Education shall appoint a coordinator of education for persons who are deaf or have a hearing impairment.
L.1981, c.351, s.2; amended 2017, c.131, s.36.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.3 - Duties.

18A:46-2.3 Duties.
3. The duties of the coordinator of education for persons who are deaf or have a hearing impairment shall include evaluating, coordinating and developing local, county, regional, and State-operated educational programs and services for children who are deaf or have a hearing impairment.
L.1981, c.351, s.3; amended 2017, c.131, s.37.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.4 - Office of the Special Education Ombudsman.

18A:46-2.4 Office of the Special Education Ombudsman.
1. a. There is established in the Department of Education the Office of the Special Education Ombudsman. The purpose of the ombudsman is to serve as a resource to provide information and support to parents, students, and educators regarding special education rights and services.
b. The Commissioner of Education shall appoint a Special Education Ombudsman, who shall be qualified by training and experience to perform the duties of the office. The ombudsman shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism.
c. The ombudsman shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the ombudsman's duties.
L.2015, c.219, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.5 - Duties.

18A:46-2.5 Duties.
2. a. The duties of the Special Education Ombudsman shall include, but need not be limited to, the following:
(1) to serve as a source of information for parents, students, educators, and interested members of the public to help them better understand State and federal laws and regulations governing special education;
(2) to provide information and support to parents of students with disabilities in navigating and understanding the process for obtaining special education evaluations and services;
(3) to provide information and communication strategies to parents and school districts for resolving a disagreement regarding the identification, evaluation, classification, placement, provision of a free, appropriate public education, or disciplinary action, of a student with a disability; and to educate parents on the available options for resolving such disputes, including due process hearings, mediation, and other alternative dispute resolution processes;
(4) to work neutrally and objectively with all parties to help ensure that a fair process is followed and that the special education system functions equitably and as intended;
(5) to identify any patterns of complaints that emerge regarding special education rights and services, and to recommend strategies for improvement to the Department of Education;
(6) to assist the Department of Education in creating public information programs designed to acquaint and educate parents and the public about the ombudsman's duties; and
(7) to serve as a resource for disability-related information and referrals to other available programs and services for individuals with disabilities, including early intervention and transition to adult life.
b. The ombudsman shall treat communications received in the course of his duties, including personally identifiable information regarding students, parents, and others from whom information is acquired, as confidential, except when disclosure is necessary to enable the ombudsman to perform the duties of the office and consent for disclosure is obtained. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not disclose or disseminate the information except as provided by applicable State or federal law.
L.2015, c.219, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.6 - Annual report.

18A:46-2.6 Annual report.
3. The Special Education Ombudsman shall make an annual report to the State Board of Education and the Commissioner of Education, which includes a summary of the services the ombudsman provided during the year, and any specific recommendations the ombudsman deems appropriate and necessary concerning the State's implementation of special education procedures and services.
L.2015, c.219, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.9 - Construction of act.

18A:46-2.9 Construction of act.
3. Nothing in this act shall be construed to give any greater rights or protections than can be found under the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., or section 504 of the federal "Rehabilitation Act of 1973," 29 U.S.C. s.794, or any other federal law.
L.2019, c.204, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.10 - Working Group on Deaf Education.

18A:46-2.10 Working Group on Deaf Education.
1. a. There is established in the Department of Education a Working Group on Deaf Education for the purpose of making recommendations on issues related to the early linguistic development of children who are deaf or hard of hearing.
b. The working group shall consist of 15 members appointed by the Commissioner of Education including:
(1) a parent of a child who is deaf or hard of hearing who uses the dual languages of American Sign Language and English;
(2) a parent of a child who is deaf or hard of hearing who uses only American Sign Language;
(3) a parent of a child who is deaf or hard of hearing who uses only Listening and Spoken Language;
(4) a certified teacher of deaf and hard of hearing students who use the dual languages of American Sign Language and Listening and Spoken Language;
(5) a certified teacher of deaf and hard of hearing students employed at the Marie H. Katzenbach School for the Deaf;
(6) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using American Sign Language and English;
(7) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using Listening and Spoken Language;
(8) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using only American Sign Language;
(9) a certified teacher of deaf and hard of hearing students whose expertise is in curriculum and instruction in American Sign Language and English;
(10) an advocate for the teaching and use of the dual languages of American Sign Language and English;
(11) an advocate for the teaching and use of Listening and Spoken Language;
(12) an early intervention specialist, who is appropriately certified and, if required, licensed, who works with deaf and hard of hearing infants and toddlers using the dual languages of American Sign Language and English;
(13) a certified teacher of deaf and hard of hearing students whose expertise is in American Sign Language and English language assessment;
(14) a speech -language pathologist with expertise in Listening and Spoken Language for children who are deaf and hard of hearing; and
(15) an audiologist who provides direct services in the classroom, including the educational management, verification, and fitting of appropriate amplification including hearing aids and hearing assistance technologies.
c. Appointments to the working group shall be made within 30 days after the effective date of this act. Vacancies in the membership of the working group shall be filled in the same manner as the original appointments were made.
L.2019, c.205, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.11 - Duty of the working group.

18A:46-2.11 Duty of the working group.
2. a. It shall be the duty of the working group to examine, research, and make recommendations to the Department of Education and the Department of Health for:
(1) the development of a resource guide for parents to monitor and track deaf and hard of hearing children's expressive and receptive language acquisition and developmental stages toward English literacy; (2) the selection of one or more early intervention assessments to be used by educators to assess the language and literacy development of deaf and hard of hearing children; and
(3) the development of methods of evaluation to annually collect and publicly report data on language acquisition and developmental progress of children from birth to age five who are deaf or hard of hearing.
b. The working group shall issue a report, including its recommendations, no later than one year after the working group organizes.
L.2019, c.205, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.12 - Development of parent resource guide.

18A:46-2.12 Development of parent resource guide.
3. a. The Department of Education, in an effort to assist deaf and hard of hearing children in becoming linguistically ready for kindergarten and in consultation with the Department of Health, shall develop a parent resource guide for use by parents of deaf and hard of hearing children.
The parent resource guide shall:
(1) help parents monitor and track deaf and hard of hearing children's expressive and receptive language acquisition and developmental stages toward English literacy by presenting language developmental milestones;
(2) be appropriate for use, in both content and administration, with deaf and hard of hearing children from birth to five years of age, who use both or one of the languages of American Sign Language and English;
(3) be written for clarity and ease of use by parents;
(4) be aligned to existing instruments used by school districts to assess the development of children with disabilities pursuant to federal and State law;
(5) include a statement that the parent resource guide is not a formal assessment of language and literacy development, and that a parent's observations of his child may differ from formal assessment data collected as part of a professional evaluation; and
(6) include a statement that a parent may bring the parent resource guide to a child study team meeting for purposes of sharing observations about the child's development.
b. The department shall incorporate the recommendations provided by the working group established pursuant to section 1 of this act into the parent resource guide.
c. The department shall make the parent resource guide developed pursuant to this section publicly available on its website.
L.2019, c.205, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.13 - Development of guidance regarding early intervention assessments.

18A:46-2.13 Development of guidance regarding early intervention assessments.
4. a. The Department of Education, in consultation with the Department of Health, shall, after consideration of the recommendations provided by the working group established pursuant to section 1 of this act, develop guidance regarding early intervention assessments to assess the language and literacy development of deaf and hard of hearing children. The guidance shall include information regarding the development of deaf and hard of hearing children's expressive and receptive language acquisition and the developmental stages toward English literacy of children who are deaf and hard of hearing, and shall be appropriate for the assessment of children from birth to five years of age.
b. The department shall disseminate the guidance developed pursuant to this section to school districts.
L.2019, c.205, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-2.14 - Implementation of methods, collection, reporting of data.

18A:46-2.14 Implementation of methods, collection, reporting of data.
5. The Department of Education and the Early Intervention Program in the Department of Health shall implement the methods developed by the working group pursuant to section 2 of this act to annually collect and publicly report data on the language acquisition and developmental progress of children from birth to age five who are deaf or hard of hearing.
L.2019, c.205, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-3 - Establishment of department of child study.

18A:46-3 Establishment of department of child study.
18A:46-3. When the results of a survey of children with disabilities in any county, in the opinion of the commissioner warrants it, the commissioner shall, with the approval of the State board, establish a department of child study which shall be charged with the duty of performing the services required to be performed at the county level under this chapter. The commissioner shall appoint for each county department of child study or, with the approval of the State board, for one or more county departments of child study, a supervisor, whose duties shall include the coordination of the special education services in the county, and such additional personnel, constituting a child study team as the commissioner deems necessary to perform such services for children with disabilities.
In addition to the supervisor of child study, the members of each child study team shall include personnel qualified to administer, supervise, or otherwise perform the special education services required under this chapter.
The county superintendent of the county, or the county superintendents of the counties served by one child study team jointly, shall, with the approval of the commissioner, designate a member of the child study team to serve as chair. In the event that the superintendents cannot agree, the chair shall be designated by the commissioner.
Amended 2017, c.131, s.38.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-3.1 - Regional consultants for children who are deaf or have a hearing impairment.

18A:46-3.1 Regional consultants for children who are deaf or have a hearing impairment.
1. The Commissioner of Education shall appoint four regional consultants for children who are deaf or have a hearing impairment. The duties of these consultants shall include assisting the child study teams in the educational evaluation and placement of children who are deaf or have a hearing impairment and the development of appropriate individual educational programs, for each child with a disability and significant hearing loss.
L.1981, c.350, s.1; amended 2017, c.131, s.39.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-4 - Terms; salaries; supervisor's expense; state aid

18A:46-4. Terms; salaries; supervisor's expense; state aid
The commissioner shall fix the terms of office and compensation of the supervisor and other members of the child study team. Their salaries shall be paid as other State salaries are paid by warrants drawn by the Director of the Division of Budget and Accounting on the State Treasurer, on orders issued by the commissioner. All claims for expenses of the supervisor, for each county in which he shall serve, shall be paid after being audited by the county superintendent on orders issued by the county superintendent and drawn on the county treasurer. Notwithstanding any other provision of the law, the State shall reimburse each county no more than $750.00 for the expenses of the supervisor in any 1 year. All claims for expenses of the supervisor which exceed the sum of $750.00 shall be paid by the county.
L.1967, c.271; amended by L.1975, c. 336, s. 1, eff. March 3, 1976.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-5 - Functions of child study teams.

18A:46-5 Functions of child study teams.
18A:46-5. Each county child study team shall function in consultation with the local boards of education in the county or the local boards of education in the counties served by it in the fields pertaining to:
a. identification and diagnosis of children needing special educational services,
b. development and approval of public school programs for pupils with disabilities,
c. supervision and coordination of public school programs for pupils with disabilities,
d. reporting and referral of children with disabilities of such severity as to indicate the necessity of residential placement, medical or psychological treatment, or care, to the appropriate agency for such purpose,
e. social case work and psychological evaluation,
f. remedial instruction,
g. cooperative action with other state and county departments and lay professional organizations, and
h. additional responsibilities as determined by the commissioner with the approval of the State board.
Amended 2017, c.131, s.40.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-5.1 - Basic child study team services; provision by boards of education and state operated programs

18A:46-5.1. Basic child study team services; provision by boards of education and state operated programs
Each board of education and State operated program shall separately or jointly with one or more boards of education or State agencies provide for basic child study team services. The basic child study team shall consist of a school psychologist, a learning disability teacher consultant and a school social worker, and for the purposes of evaluation and classification shall include pertinent information from certified school personnel making the referral. This information shall be considered in the evaluation and classification process as defined in N.J.A.C. 6:28-1.1 et seq.
The referring certified school personnel and the school principal, or his designee, may attend the classification conference as defined in N.J.A.C. 6:28-1.1 et seq. and participate in the classification decision.
L.1982, c. 162, s. 1, eff. Oct. 28, 1982.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-5.2 - Participation by parent or guardian

18A:46-5.2. Participation by parent or guardian
Any decision by the basic child study team concerning the evaluation, classification and placement of a student shall include the full participation of that student's parents or guardian as prescribed under N.J.A.C. 6:28-1.1 et seq.
L.1982, c. 162, s. 2, eff. Oct. 28, 1982.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-6 - Identification of children with disabilities.

18A:46-6 Identification of children with disabilities.
18A:46-6. Each board of education, according to uniform rules prescribed by the commissioner with the approval of the State board, shall provide for the identification of any children between the ages of five and 21 residing in the district and enrolled in the public schools of the State or in a nonpublic school located in the district, who cannot be properly accommodated through the school facilities usually provided, because of disabilities.
For the purposes of N.J.S.18A:46-1 et seq., a child who boards at a school in a district in which the child's parents do not maintain a residence shall not be considered a resident of the district.
In addition, each board of education shall also identify and ascertain, according to rules promulgated by the commissioner with the approval of the State board, those children between the ages of three and five years who require and who would be benefited by special education programs and services, which may prevent their disabilities from becoming more debilitating.
Each board of education shall provide information to parents of children with disabilities who are below the age of three regarding available services and programs provided by other State, county, or local agencies, which may prevent their disabilities from becoming more debilitating.
amended 1977, c.193, s.3; 1981, c.415, s.1; 1984, c.123, s.1; 2017, c.131, s.41.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-6.1 - Providers of services for children with disabilities aged 3 through 5.

18A:46-6.1 Providers of services for children with disabilities aged 3 through 5.
2. The programs and services required pursuant to N.J.S.18A:46-1 et seq. for children with disabilities between the ages of 3 and 5 shall be provided by one or more of the following:
a. Parent training and counseling;
b. Special programs and services in the district including programs in hospitals, homes or other institutions;
c. Special programs and services offered by other districts as provided by agreement between one or more districts;
d. A Jointure Commission;
e. A county special services school district; and
f. Such other methods as shall be approved by the commissioner with the approval of the State board.
L.1981, c.415, s.2; amended 2017, c.131, s.42.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-7 - Reports of children with disabilities.

18A:46-7 Reports of children with disabilities.
18A:46-7. Each board of education shall report annually to the county superintendent of schools of the county in which the school district is situate, who shall report to the commissioner, the names of all children who are in special education instructional programs and the names and addresses of their parents or persons having control or custody of them, together with the category into which they have been classified. Included in this report shall be the names and addresses of any known children with disabilities who are not attending school. The commissioner shall make the information in the reports available to any State agency charged with providing care and rehabilitation services for children with disabilities.
Amended 2017, c.131, s.43.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-7.1 - Copies of chapter 46 of title 18A, guidelines, distributed annually to parents of children with disabilities.

18A:46-7.1 Copies of chapter 46 of title 18A, guidelines, distributed annually to parents of children with disabilities.
1. In every school district having children who have been classified as children with disabilities pursuant to the provisions of chapter 46 of Title 18A of the New Jersey Statutes, the board of education of the district shall, annually, cause copies of chapter 46, as amended and supplemented, together with all current rules and regulations of the commissioner relating thereto, to be prepared for distribution to parents of children classified as children with disabilities or the persons having control or custody of such children who request copies thereof.
Persons requesting copies shall be required to pay a reasonable fee as fixed by the board, to cover the cost of preparing the copies.
L.1973, c.3, s.1; amended 2017, c.131, s.44.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-7.2 - DOE to disseminate information on adult services to parents of special education recipients.

18A:46-7.2 DOE to disseminate information on adult services to parents of special education recipients.
1. The Department of Education shall include in its "Parental Rights in Special Education" booklet that is available to parents of children who receive special education services, information describing services available through, and contact information for, State agencies serving persons with disabilities. The booklet shall include, but not be limited to, information regarding the following State agencies serving persons with disabilities: the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development; the Divisions of Developmental Disabilities, Mental Health Services, the Deaf and Hard of Hearing, and Disability Services in the Department of Human Services; and the Commission for the Blind and Visually Impaired in the Department of Human Services.
L.2006,c.62,s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-7.3 - Designation of disability services resource in high school for parents.

18A:46-7.3 Designation of disability services resource in high school for parents.
2. The Department of Education shall require that, beginning with the 2006-2007 school year, all school districts with grades nine through 12 designate at least one staff member to serve as a disability services resource for parents. The designated staff member shall be able to demonstrate competency in the various services available through State agencies that serve persons with disabilities, and shall provide information to parents about how to access the services and assistance to parents in contacting the appropriate State agency. The district shall conduct outreach activities to ensure that the parents of children who receive special education services in the district, and local community disability organizations and service providers, are made aware of the name and contact information of the designated staff member.
L.2006,c.62,s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-7.4 - Posting of timeline.

18A:46-7.4 Posting of timeline.
2. The Commissioner of Education shall post the timeline developed pursuant to section 1 of P.L.2016, c.72 (C.30:1-1.4) on the official website of the Department of Education.
L.2016, c.72, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-8 - Examination, classification of children residing in the district.

18A:46-8 Examination, classification of children residing in the district.
18A:46-8. Each board of education shall provide for the examination and classification of each child residing in the district and identified pursuant to N.J.S.18A:46-6, except that the board of education of a county vocational school district shall provide for the examination and classification of each child who is attending the county vocational school on a full-time basis and is identified pursuant to N.J.S.18A:46-6. Such examination and classification shall be accomplished according to procedures prescribed by the commissioner and approved by the State board, under one of the categories identified in N.J.S.18A:46-1. The examination and classification of such nonpublic school children shall be in a location determined by the local board of education of the district in which the nonpublic school is located and approved by the commissioner pursuant to rules and regulations promulgated by the State board.
The classification of a child with a communication impairment shall be made by the basic child study team and an approved speech correctionist or speech pathologist, without child study consultation. Such children shall be reported to the basic child study team. The proposed classification shall be reported to the parent or guardian of the child and an opportunity provided, prior to implementation of the classification, for consultation by such parent or guardian with the appropriate special educational services personnel of the district. Pursuant to rules of the State board, the parent or guardian shall also be provided an opportunity for further review of the classification in the Department of Education.
amended 1977, c.193, s.4; 1977, c.415; 1978, c.46; 1981, c.415, s.8; 1984, c.123, s.2; 1990, c.52, s.57; 2010, c.50, s.15; 2017, c.131, s.45.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-9 - Classification of children having an intellectual disability.

18A:46-9 Classification of children having an intellectual disability.
18A:46-9. Each child classified pursuant to N.J.S.18A:46-8 as having an intellectual disability shall be similarly further identified, examined and classified into one of the following subcategories:
a. Educable children with intellectual disabilities who may be expected to succeed with a minimum of supervision in homes and schools and community life and are characterized particularly by reasonable expectation that at maturity they will be capable of vocational and social independence in competitive environments;
b. Trainable children with intellectual disabilities who are so intellectually disabled that they cannot be classified as educable but are, notwithstanding, potentially capable of self-help, of communicating satisfactorily, or participating in groups, of directing their behavior so as not to be dangerous to themselves or others and of achieving with training some degree of personal independence and social and economic usefulness within sheltered environments;
c. Children eligible for day training, who are incapable of giving evidence of understanding and responding in a positive manner to simple directions expressed in the child's primary mode of communication and who cannot in some manner express basic wants and needs.
amended 1975, c.212, s.39; 2010, c.50, s.16.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-10 - Classification of children needing special education services.

18A:46-10 Classification of children needing special education services.
18A:46-10. Pupils identified as needing special education services to ameliorate or to prevent the development of learning disabilities shall be classified according to their ability to benefit from specified types of educational service, and such educational service shall be conducted according to rules and regulations prescribed by the commissioner, with the approval of the State board, and may include, but need not be limited to:
a. case work with the pupil at home or school;
b. counseling or guidance;
c. remedial instruction;
d. special scheduling of a school program including part-time attendance in special or general groups;
e. referral to other agencies or institutions for special services;
f. special grouping in school for children whose prognosis is favorable for return to the general program; and
g. arrangement through the commissioner for direct services through the county department of child study.
Amended 2017, c.131, s.46.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-11 - Psychological and other examinations

18A:46-11. Psychological and other examinations
Each board of education shall separately or jointly with one or more boards of education employ a psychological examiner, who acting jointly with special education personnel approved by the commissioner, shall administer the procedures for diagnosis and classification required in this chapter, or, in lieu of employing a psychological examiner, it or they may contract to use, with or without financial reimbursement, the psychological or other services of any clinic or agency approved by the commissioner.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-12 - Approval of clinics

18A:46-12. Approval of clinics
The commissioner with the approval of the state board and of the state board of control of the department of institutions and agencies, shall prescribe suitable standards for the approval by him of any clinic or agency furnishing services, pursuant to this chapter.
L.1967, c.271.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13 - Types of facilities and programs.

18A:46-13 Types of facilities and programs.
18A:46-13. It shall be the duty of each board of education to provide suitable facilities and programs of education for all the children who are classified as children with disabilities under this chapter. The absence or unavailability of a special class facility in any district shall not be construed as relieving a board of education of the responsibility for providing education for any child who qualifies under this chapter.
The Department of Human Services, and the Department of Children and Families, as applicable, shall provide transportation for all children who attend day training centers operated by the department.
A board of education is not required to provide any further educational program for children who have been admitted to the New Jersey School for the Deaf, Katzenbach Campus, but shall be required to furnish necessary daily transportation Monday through Friday to and from the school for nonboarding pupils when such transportation is approved by the county superintendent of schools in accordance with such rules and regulations as the State board shall promulgate for such transportation. Any special education facility or program authorized and provided for a child attaining age 20 during a school year shall be continued for the remainder of that school year.
amended 1969, c.79; 1973, c.62; 1975, c.212, s.40; 1992, c.129, s.1; 2006, c.47, s.96 2017, c.131, s.47.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13.1 - Disabled students, certain, participation in interscholastic athletic programs.

18A:46-13.1 Disabled students, certain, participation in interscholastic athletic programs.
1. Notwithstanding the provisions of any law, rule or regulation to the contrary, a pupil who is disabled and who is placed by the parents or guardians at their own expense in a nonpublic school for treatment of the disability shall be eligible to participate in the interscholastic athletic program of the student's resident school district, provided the student otherwise meets the eligibility requirements of the program and the student's participation has the written approval of the board of education of the school district where the program is located.
L.2005,c.260,s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13.2 - Findings, declarations relative to the use of service animals by certain students.

18A:46-13.2 Findings, declarations relative to the use of service animals by certain students.
1. The Legislature finds and declares that: service animals have a long history of performing crucial tasks and fulfilling a significant role in the daily activities of many people with physical disabilities; in addition to their traditional roles, service animals can be trained to be a calming influence and provide a connection to the familiar in unfamiliar surroundings for students with autism or other developmental disabilities; under the federal Americans with Disabilities Act of 1990, service animals are permitted in schools, other public areas, and places of public accommodation; allowing a student with autism or other disability to bring a service animal to class and on school grounds will enhance the learning process and help the student reach his full academic potential.
L.2011, c.156, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13.3 - Permitted access for service animals.

18A:46-13.3 Permitted access for service animals.
2. a. A student with a disability, including autism, shall be permitted access for a service animal in school buildings, including the classroom, on school buses, and on school grounds.
b. A school official may inquire as to whether the service animal is required due to a disability and what task or work the service animal has been trained to perform, unless the student's disability and the work or task that the service animal will perform are readily apparent. A school official may require: (1) certification from a veterinarian that the service animal is properly vaccinated and does not have a contagious disease that may harm students or staff; and (2) documentation that any license required by the municipality in which the student resides has been obtained for the service animal.
c. The service animal shall be under a handler's control at all times by use of a leash, tether, voice control, signal, or other suitable means. The school shall not be responsible or liable for the care or supervision of the service animal. The school shall provide reasonable accommodations to allow the handler to provide for the care and feeding of the service animal while on school grounds or at a school function.
L.2011, c.156, s.2; amended 2015, c.29, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13.4 - Definitions relative to use of physical restraint, seclusion techniques on students with disabilities.

18A:46-13.4 Definitions relative to use of physical restraint, seclusion techniques on students with disabilities.
1. As used in this act:
"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" means 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.
L.2017, c.291, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13.5 - Use of physical restraint on students with disabilities.

18A:46-13.5 Use of physical restraint on students with disabilities.
2. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes physical restraint on students with disabilities shall ensure that:
(1) physical restraint is used only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;
(2) a student is not restrained in the prone position, unless the student's primary care physician authorizes, in writing, the use of this restraint technique;
(3) staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint from an entity determined by the board of education to be qualified to provide such training, and that the training is updated at least annually;
(4) the parent or guardian of a student is immediately notified when physical restraint is used on that student, which notification may be by telephone or electronic communication. A full written report of the incident of physical restraint shall be provided to the parent or guardian within 48 hours of the occurrence of the incident;
(5) each incident in which a physical restraint is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; and
(6) each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting.
b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of physical restraints through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team.
L.2017, c.291, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13.6 - Use of seclusion techniques on students with disabilities.

18A:46-13.6 Use of seclusion techniques on students with disabilities.
3. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes seclusion techniques on students with disabilities shall ensure that :
(1) a seclusion technique is used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;
(2) each incident in which a seclusion technique is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; and
(3) each incident in which a seclusion technique is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting.
b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of seclusion techniques through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team.
L.2017, c.291, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:46-13.7 - Guidelines, review process.

18A:46-13.7 Guidelines, review process.
4. The department shall establish guidelines for school districts, educational services commissions, and approved private schools for students with disabilities to ensure that a review process is in place to examine the use of physical restraints or seclusion techniques in emergency situations, and for the repeated use of these methods for an individual child, within the same classroom, or by a single individual. The review process shall include educational, clinical, and administrative personnel. Pursuant to the review process the student's individualized education plan team may, as deemed appropriate, determine to revise the behavior intervention plan or classroom supports, and a school district, educational services commission, or approved private school for students with disabilities may determine to revise a staff member's professional development plan.
L.2017, c.291, s.4.