New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:14-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
Words and terms, unless otherwise defined below, when used in
				  this chapter, shall be defined in the same manner as those words and terms are
				  defined and used in the IDEA (20 U.S.C. §§
										1400 et
				  seq.) and its implementing regulations at 34 CFR Part 300, which terms are
				  incorporated by reference herein.
"Adaptive behavior" means the ability to demonstrate personal
				  independence and social responsibility according to age and socio-cultural
				  group expectations.
"Adult student" means a person who has attained age 18, who
				  is not under legal guardianship, and who is entitled to receive educational
				  programs and services in accordance with Federal or State law or
				  regulation.
"Alternate assessment" means the same as "alternative
				  assessment for students with disabilities" as defined at
				  N.J.A.C.
				  6A:8-1.3.
"Approved private school for students with disabilities"
				  means an incorporated entity approved by the Department of Education according
				  to
				  N.J.A.C.
				  6A:14-7.2 or 7.3 to provide special education
				  and related services to students with disabilities placed by the district board
				  of education responsible for providing their education.
"Assistive technology device" is defined in accordance with
				  the definition of the term set forth in IDEA and its implementing regulations
				  at 34 CFR Part 300, incorporated by reference herein, and reproduced at
				  N.J.A.C. 6A:14 Appendix F.
"Assistive technology service" is defined in accordance with
				  the definition of the term set forth in IDEA and its implementing regulations
				  at 34 CFR Part 300, incorporated by reference herein, and reproduced at
				  N.J.A.C. 6A:14 Appendix G.
"Consent" means agreement in writing that is required by this
				  chapter. Consent shall be obtained from the parent having legal responsibility
				  for educational decision making. The district board of education shall ensure
				  that the parent:
1. Has been fully
				informed of all information relevant to the activity for which consent is being
				sought, in his or her native language or other mode of communication;
2. Understands and agrees, in writing, to the
				implementation of the activity for which consent is sought, and the consent
				describes that activity and lists the records (if any) that will be released
				and to whom;
3. Understands that
				the granting of consent is voluntary and may be revoked at any time;
				and
4. If the parent revokes
				consent, that revocation is not retroactive (that is, it does not negate an
				action that has occurred after the consent was given and before the consent was
				revoked).
"Custody" means that a child has been removed from the care
				  of his or her parent(s) by the State agency empowered to do so and the right of
				  the parent(s) to make educational decisions on behalf of the child has been
				  terminated by a court of appropriate jurisdiction.
"Department of Education" means the New Jersey Department of
				  Education.
"District board of education" means, except as defined
				  otherwise, the school district of residence, the charter school board of
				  trustees, the renaissance school project board of trustees, the State agency,
				  or other public education agency that acts as the school district of residence
				  for the location, identification, evaluation, determination of eligibility,
				  development of an IEP and the provision of a free, appropriate public education
				  to students with disabilities.
"Dyslexia" means a specific learning disability that is
				  neurobiological in origin. It is characterized by difficulties with accurate
				  and/or fluent word recognition and by poor spelling and decoding abilities.
				  These difficulties typically result from a deficit in the phonological
				  component of language that is often unexpected in relation to other cognitive
				  abilities and the provision of effective classroom instruction. Secondary
				  consequences may include problems in reading comprehension and reduced reading
				  experience that can impede growth of vocabulary and background
				  knowledge.
"Early childhood program" means a general education program
				  for students ages three through five operated by an agency other than a
				  district board of education. The early childhood program shall be licensed or
				  approved by the Department of Children and Families.
"Extended school year services" means special education and
				  related services that are provided to a student with a disability beyond the
				  normal school year in accordance with the student's IEP at no cost to the
				  parent.
"General Statewide assessment" means a Statewide assessment
				  given to all students of a particular grade level except for those students
				  with disabilities whose IEP specifies that they will participate in the
				  alternate proficiency assessment.
"Individualized education program" (IEP) means a written plan
				  that sets forth a student's present levels of academic achievement and
				  functional performance, measurable annual goals, and short-term objectives or
				  benchmarks and describes an integrated, sequential program of individually
				  designed instructional activities and related services necessary to achieve the
				  stated goals and objectives. This plan shall establish the rationale for the
				  student's educational placement, serve as the basis for program implementation,
				  and comply with the mandates set forth in this chapter.
"IEP team" means the group of individuals who are responsible
				  for the development, review, and revision of a student's IEP. The members of
				  the IEP team are listed at
				  N.J.A.C.
				  6A:14-2.3(k)2.
"Native language" means the language or mode of communication
				  normally used by a person with a limited ability to speak or understand the
				  English language. In the case of a student, the native language is the language
				  normally used by his or her parents. Except that in all direct contact with a
				  student (including evaluation of the child), the native language is the
				  language normally used by the student in the home or in the learning
				  environment. The IEP team shall determine a student's native language.
"Nonpublic school" means an elementary or secondary school,
				  other than a public school, within the State providing education in
				  kindergarten through grade 12, or any combination of grades in which a student
				  age five through 20 may fulfill compulsory school attendance and that complies
				  with Title VI of the Civil Rights Act of 1964 ( P.L. 88-352 ).
"Nonpublic school student" means any student who is enrolled
				  full time in a nonpublic school. A student who boards at a nonpublic school
				  shall be considered a resident of the school district in which the parent
				  resides.
"Office" means the Office of Special Education Policy and
				  Dispute Resolution in the Department of Education.
"Parent" means the natural or adoptive parent, the legal
				  guardian, resource family parent when willing to so serve, a surrogate parent
				  who has been appointed according to
				  N.J.A.C.
				  6A:14-2.2, or a person acting in the place of
				  a parent (such as a grandparent or stepparent with whom the student lives or a
				  person legally responsible for the student's welfare). Unless parental rights
				  have been terminated by a court of appropriate jurisdiction, the parent retains
				  all rights under this chapter. For the purposes of this chapter, the term
				  "parent" shall include an adult student.
"Referral" means the written request for an initial
				  evaluation to determine whether a student is eligible for services under this
				  chapter.
"Related services" is defined in accordance with the
				  definition of the term set forth in IDEA and its implementing regulations,
				  incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix
				  B.
"Special education" is defined in accordance with the
				  definition of the term set forth in IDEA and its implementing regulations,
				  incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix
				  C.
"Speech-language specialist" means speech-language specialist
				  or speech-language specialist-equivalent.
"Statewide assessment" means the same as "assessment" as
				  defined at
				  N.J.A.C.
				  6A:8-1.3 and includes the alternate
				  assessment.
"Student" means a person age three through 21 who is entitled
				  to receive educational programs and services in accordance with Federal or
				  State law or regulation.
"Student age" means the school age of a student as defined by
				  the following:
1. "Age three" means
				the attainment of the third birthday. Children with disabilities attaining age
				three shall have a free, appropriate public education available to them
				provided by the district board of education.
2. "Age five" means the attainment of age
				five by the month and day established by the district board of education as the
				kindergarten entrance cutoff date. Students with disabilities attaining age
				five after the kindergarten entrance cutoff date shall continue to be provided
				preschool services for the balance of that school year.
3. "Age 21" means the attainment of the 21st
				birthday by June 30 of that school year. Students with disabilities attaining
				age 21 during the school year shall continue to be provided services for the
				balance of that school year.
"Student with a disability" means a student who has been
				  determined to be eligible for special education and related services according
				  to
				  6A:14-3.5
				  or 3.6.
"Transition services" for students age 16 or older is defined
				  in accordance with the definition of the term set forth in IDEA and its
				  implementing regulations, incorporated by reference herein, and reproduced at
				  N.J.A.C. 6A:14 Appendix D. For students under age 16, "transition services" is
				  defined as set forth at
				  N.J.A.C.
				  6A:14-3.7(e)11.
"Virtual instruction" means the same as that term is defined
				  pursuant to
				  N.J.A.C.
				  6A:32-2.1.
"Ward of the State" means a student who, pursuant to an order
				  of a court of competent jurisdiction, is under the guardianship of a State
				  agency, is a child in resource family care for whom the resource family parent
				  is not the student's parent, or is a student who, pursuant to an order of a
				  court of competent jurisdiction, is in the custody of the State child welfare
				  agency.