reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 5 - PROVIDING EDUCATIONAL AND RELATED SERVICES › Section 6A:14-5.2 - Approval procedures for clinics or agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				the purposes of approval by the Department of Education, a clinic or agency
				shall consist of three or more professionals. Initial approval of a clinic or
				agency shall require, but not be limited to, submission and evaluation of the
				following:
1. A valid certificate of
				incorporation or certificate of formation. Where appropriate, any licenses or
				permits required by ordinances in effect within the state, county, or
				municipality where the clinic or agency provides its services shall be included
				in the submission;
2. A description
				of the scope and nature of services to be offered;
3. A list of professional staff who will
				provide services. The list shall verify each individual's certification and
				license, if a certification and/or license is required for the discipline in
				which services are being provided, and the function each individual shall
				fulfill;
i. Professional staff employed by a
				clinic or agency who work full time for a district board of education, approved
				private school for students with disabilities, or nonpublic school shall not
				provide service for the clinic or agency during the hours of the individual's
				public school or, as applicable, approved private school or nonpublic school
				employment;
ii. An employee of a
				district board of education, approved private school for students with
				disabilities, or nonpublic school shall not provide service as an employee of a
				clinic or agency to a student who is the responsibility of his or her employing
				district board of education or enrolled in his or her approved private school
				for students with disabilities or nonpublic school;
4. Assurance that the clinic or agency has
				conducted the criminal history review of each professional pursuant to
				N.J.S.A.
				18A:6-7.1;
i. The clinic or agency shall submit to the
				Department of Education and maintain documentation of the information regarding
				the criminal history review;
5. Assurance that the facility(ies) in which
				the services are being provided meet applicable building and other regulatory
				standards;
6. Assurance of an
				adequate accounting system according to generally accepted accounting
				principles;
7. Assurance of a
				system for the collection, maintenance, confidentiality, and access of student
				records pursuant to N.J.A.C. 6A:32; and
8. Assurance of the maintenance of a log,
				which includes, but is not limited to:
i.
				Assurance of an adequate accounting system according to generally accepted
				accounting principles;
ii. The
				date, time, and location of the services provided; and
iii. The names of the professional staff
				providing each service.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 6 - REQUIREMENTS FOR SERVICES IN NONPUBLIC SCHOOLS › Section 6A:14-6.1 - Equitable participation under IDEA Part B

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				board of education of the school district of attendance shall provide, as
				required by Federal law and regulation under Part B of the IDEA, a genuine
				opportunity for the equitable participation of students with disabilities who
				are enrolled in nonpublic schools or early childhood programs by their parents.
1. The school district of attendance shall
				make the final decisions with respect to the services to be provided to
				eligible students with disabilities enrolled in nonpublic schools or early
				childhood programs.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 6 - REQUIREMENTS FOR SERVICES IN NONPUBLIC SCHOOLS › Section 6A:14-6.2 - Provision of programs and services provided under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board
				of education of the district in which the nonpublic school is located shall
				provide to nonpublic school students the programs and services required by this
				subchapter by itself, or through joint agreements with other boards of
				education or through contracts with educational services commissions or with
				clinics and agencies approved under N.J.A.C. 6A:14-5.
(b) Specifications for contracts to provide
				programs and services covered by this subchapter shall be approved by the
				county superintendent of schools.
(c) Identification, evaluation, determination
				of eligibility, development of service plans and the provision of speech and
				language services, home instruction and supplementary instruction shall be
				provided according to this chapter.
(d) English as a second language shall be
				provided according to N.J.S.A. 18A:46A-2c.
(e) Compensatory education shall be provided
				according to N.J.S.A. 18A:46A-2e.
(f) All special education programs and
				services required by this subchapter shall be provided with parental consent in
				accordance with
				6A:14-2.3.
(g) Those procedural safeguards available to
				nonpublic school students with disabilities and their parents as specified by
				Federal law and rules under Part B of the IDEA shall apply.
1. The right to request mediation or a due
				process hearing applies only to the location, identification, evaluation,
				determination of eligibility, and reevaluation of students with disabilities
				enrolled in nonpublic schools.
i. For the
				services provided, the service plan for a student with a disability enrolled in
				a nonpublic school shall include the components described in
				6A:14-3.7(e)1 
				through 6, (e)8 and (e)14 through 16.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 6 - REQUIREMENTS FOR SERVICES IN NONPUBLIC SCHOOLS › Section 6A:14-6.3 - Fiscal management provided under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each board
				of education of the district in which the nonpublic school is located shall
				provide programs and services under this subchapter at a cost not to exceed the
				amount of State aid funds.
(b) Each
				board of education of the district in which the nonpublic school is located
				shall maintain an accounting system for nonpublic programs and services
				according to N.J.A.C. 6A:23.
(c) At
				the close of each school year, the board of education shall report to the
				Department of Education the total district cost for programs and services
				provided under this subchapter.
(d)
				Each board of education of the district in which the nonpublic school is
				located shall receive State aid for programs and services required by this
				subchapter for the succeeding school year as available from appropriated funds
				for nonpublic school programs and services.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 6 - REQUIREMENTS FOR SERVICES IN NONPUBLIC SCHOOLS › Section 6A:14-6.4 - End of the year report provided under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annually,
				the board of education shall submit to the Department of Education a report
				describing the programs and services provided under this subchapter.
(b) The end of the year report shall include
				the numbers of nonpublic school students provided each program or service and
				such other information as may be required by the Department of
				Education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Receiving
				schools include educational services commissions, jointure commissions,
				regional day schools, county special services school districts, the Marie H.
				Katzenbach School for the Deaf, approved private schools for students with
				disabilities (that may or may not provide residential services) and public
				college operated programs for students with disabilities. Receiving schools
				shall obtain prior written approval from the Department of Education to provide
				programs for students with disabilities through contracts with district boards
				of education.
1. Approval to establish or
				change a program shall be based upon the criteria established by the Department
				of Education in this subchapter.
2.
				Monitoring and approval shall be conducted on an ongoing basis by the
				Department of Education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.2 - Approval procedures to establish a new approved private school for students with disabilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the establishment of an approved
				private school for students with disabilities, an application shall be
				submitted to the Department of Education according to the following schedule:
1. The applicant shall submit a description
				of the program and services to be offered that shall include, but not be
				limited to:
i. The educational philosophy of
				the program;
ii. Characteristics of
				the program, which shall include the number of students to be served, numbers
				and types of classes, number of school days, and daily hours in
				session;
iii. The curriculum and
				materials, including a description of how the New Jersey Student Learning
				Standards will be implemented;
iv.
				A mechanism for evaluating student progress and program efficacy; and
v. The organizational structure, including
				projected number of personnel by title, job function, and personnel
				requirements, including certification;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.3 - Amendment procedures for receiving schools

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				approved receiving school for students with disabilities may amend its
				policies, procedures, the services provided, or the location of its facilities
				by obtaining prior written approval from the Department of Education through
				the county office of education.
1. To amend
				the policies, procedures, nature, and/or scope of the services provided, or to
				increase or decrease the services provided, the approved receiving school shall
				submit the following:
i. A copy of the
				revised policy and/or procedure;
ii. A revised description of the scope and
				nature of the services to be offered pursuant to
				N.J.A.C.
				6A:14-7.2; and
iii. A list of professional staff who will
				provide the services. The list shall verify each individual's certification and
				license, if one is required, that a criminal history review pursuant to
				N.J.S.A.
				18A:6-7.1has been completed for the
				individual, and the function he or she shall perform.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.4 - Annual procedures for approved private schools for students with disabilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annually, each approved private school
				for students with disabilities shall submit fiscal information pursuant to
				N.J.A.C. 6A:23A-18 to the Office of School Finance.
(b) Annually, each approved private school
				for students with disabilities shall obtain valid certificates of fire
				inspection and, if applicable, health, HVAC inspections, and, sewerage plant.
				The certificates shall be maintained and shall be available upon request for
				review by the Department of Education through the county office of education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.5 - Responsibilities of district boards of education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				educational program of a student with a disability provided through contractual
				agreements pursuant to
				N.J.A.C.
				6A:14-7.1(a) shall be
				considered the educational program of the district board of education. The
				district board of education shall be responsible for the development and annual
				review of the student's IEP and the reevaluation of the student. At least
				annually, the district board of education shall monitor the implementation of
				the IEP.
1. For students with disabilities
				placed in programs described in
				6A:14-7.1(a),
				representative(s) of the program and the district board of education shall
				participate in meeting(s) according to
				6A:14-2.3(k)2.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.6 - Provision of programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An educational
				program provided under this subchapter shall conform to the requirements of N.
				J.A.C. 6A:14-2.8, the applicable provisions of N.J.A.C. 6A:14-4, and the
				student's IEP.
(b) When the parent
				or district board of education requests mediation or due process, the student
				with a disability shall remain in the current placement, according to
				6A:14-2.6(d)10
				 or 2.7(u), as applicable.
(c) All personnel serving students with
				disabilities shall be appropriately certified and licensed, where a license is
				required, in accordance with State and Federal law.
(d) Each school shall have on staff a
				full-time non-teaching principal who shall be responsible for administration
				and supervision of the school.
1. In lieu of
				assigning a full-time non-teaching principal to a school, a plan to ensure
				adequate supervision of students and staff may be submitted to the executive
				county superintendent for approval;
2. If the executive county superintendent
				approves the plan, the school shall operate in accordance with the plan in lieu
				of having a full-time non-teaching principal on staff.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.7 - Termination or withdrawal from a receiving school

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				receiving school is considering the termination of a student's placement prior
				to the end of the student's academic year, the receiving school shall
				immediately contact the sending district board of education. The district board
				of education shall convene an IEP meeting pursuant to N.J.A. C. 6A:14-2.3(k).
				The IEP meeting shall occur within 10 school days of the date of the
				notification and shall include the participation of appropriate personnel from
				the receiving school, including a minimum of one person who participated in
				making the recommendation to terminate the placement.
1. At the IEP meeting, the IEP team shall
				review the student's current IEP and determine the student's new placement.
				Written notice of any changes to the IEP and the new placement shall be
				provided within 10 days of the date of the IEP meeting. The student may be
				terminated from the current placement after the district board of education has
				provided written notice to the parents pursuant to
				N.J.A.C.
				6A:14-2.3. The termination shall be in
				accordance with the provisions of the contract between the receiving school and
				the district board of education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.8 - Fiscal management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A district board of education shall pay
				tuition for all special education programs and required services provided only
				after receiving individual student placement approval.
(b) The district board of education shall
				establish a written contract for each student with a disability placed in a
				program approved under this subchapter. The contract shall include a written
				agreement concerning tuition charges, costs, terms, conditions, and services
				and programs to be provided for the student with a disability. For students
				placed in an approved private school for students with disabilities, the
				district board of education shall use the mandated tuition contract pursuant to
				N.J.A.C.
				6A:23A-18.3.
(c) Pursuant to
				N.J.A.C.
				6A:27-5.1, daily transportation costs shall
				be paid by the district board of education.
(d) Transportation for students in residence
				at the Marie H. Katzenbach School for the Deaf shall be according to
				6A:27-5.2.
(e) All approved private schools for students
				with disabilities shall submit a certified audit to the Department of Education
				by November first, for the prior school year, according to
				N.J.A.C.
				6A:23A-18.10.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.9 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All receiving schools under this
				subchapter shall conform to the requirements of N.J.A.C. 6A:32-7pertaining to
				student records. In addition:
1. All student
				records maintained by a receiving school under this subchapter shall be
				returned to the sending district board of education when a student's program is
				terminated.
2. Requests for access
				to student records by authorized organizations, agencies, or persons as stated
				at
				N.J.A.C.
				6A:32-7.5shall be directed to the chief
				school administrator or his or her designee of the sending district board of
				education for the student with a disability.
3. The daily attendance record of all
				students in receiving schools under this subchapter shall be maintained
				pursuant to
				N.J.A.C.
				6A:23A-18.9 and made available to the
				district board of education upon request. Habitual tardiness or prolonged
				absences of five or more consecutive days shall be reported in writing to the
				chief school administrator of the district board of education or his or her
				designee.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 7 - RECEIVING SCHOOLS › Section 6A:14-7.10 - Monitoring and corrective action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				of Education shall monitor approved private schools for students with
				disabilities pursuant to
				N.J.A.C.
				6A:14-9.1. On-site monitoring shall be
				conducted in accordance with the schedule established by the Department of
				Education.
(b) When an approved
				private school is determined to be in noncompliance, Department of Education
				actions may include, but are not limited, to the following:
1. The Department of Education may issue a
				conditional approval status when noncompliance is demonstrated with State or
				Federal statute or rules and/or implementation of a corrective action plan.
i. An approved private school that is issued
				a conditional approval status may not accept new students;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 8 - PROGRAMS OPERATED BY THE DEPARTMENTS OF CORRECTIONS AND HUMAN SERVICES, AND THE JUVENILE JUSTICE COMMISSION › Section 6A:14-8.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special
				education programs provided in State facilities shall be operated pursuant to
				N.J.A.C. 6A:17-3 and this chapter.
(b) Each State agency operating approved
				special education programs shall develop a special education plan pursuant to
				N.J.A.C.
				6A:14-1.2. The plan also shall include:
1. A list of all State and Federal funding
				sources; and
2. A separate
				educational budget statement for each State facility.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 8 - PROGRAMS OPERATED BY THE DEPARTMENTS OF CORRECTIONS AND HUMAN SERVICES, AND THE JUVENILE JUSTICE COMMISSION › Section 6A:14-8.2 - Procedural safeguards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mediation
				shall be available for a student in a State facility according to
				6A:14-2.6.
(b) A request for a due process hearing for a
				student in a State facility shall be made to the Department of Education
				according to
				6A:14-2.7.
(c) Discipline of students with a disability
				shall be according to
				6A:14-2.8.
(d) Surrogate parents shall be appointed
				according to
				6A:14-2.2.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 8 - PROGRAMS OPERATED BY THE DEPARTMENTS OF CORRECTIONS AND HUMAN SERVICES, AND THE JUVENILE JUSTICE COMMISSION › Section 6A:14-8.3 - Provision of programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A residential
				State facility may recommend placement of a student with a disability in a
				school district. Documentation of attempts to place the student in the least
				restrictive environment pursuant to N.J.A.C. 6A:14-4shall be stated in the
				student's IEP. Tuition shall be paid by the State facility to the district
				board of education where the student is placed.
(b) All personnel providing special education
				programs, related services, or multi-disciplinary team services in State
				facilities shall hold the appropriate certificate and, if required, a license
				for the position in which they function.
(c) Day school programs operated by the
				Department of Human Services shall be provided in the following manner:
1. The Department of Human Services shall
				provide educational programs and related services for students with
				disabilities in State-operated or contracted facilities;
2. The district board of education shall be
				responsible for providing the services according to
				6A:14-3.3
				through 3.8. The day school program is responsible for implementing the IEP
				developed by the district board of education; and
3. The district board of education shall be
				responsible to monitor the student's placement at least annually to ensure the
				implementation of the IEP.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 9 - MONITORING, CORRECTIVE ACTION AND COMPLAINT INVESTIGATION › Section 6A:14-9.1 - Monitoring and corrective action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				of Education shall monitor all programs and services required by this chapter
				for compliance with New Jersey statutes, the New Jersey Administrative Code,
				the approved special education plan, and Federal requirements under the
				Individuals with Disabilities Education Act (IDEA).
1. The monitoring process shall include, but
				not be limited to, review of:
i. Provision of
				a free, appropriate public education in the least restrictive
				environment;
ii. Provision of
				transition services; and
iii.
				Disproportionate representation of racial and ethnic groups in special
				education and related services, to the extent the disproportionate
				representation is the result of inappropriate identification.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 9 - MONITORING, CORRECTIVE ACTION AND COMPLAINT INVESTIGATION › Section 6A:14-9.2 - Complaint investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of
				the Office or designee(s) shall be responsible for reviewing, investigating,
				and taking action on any signed, written complaint regarding the provision of
				special education and related services covered under this chapter.
(b) An organization or individual may request
				a complaint investigation by simultaneously submitting a signed, written
				request to the Director of the Office and to the public agency against which
				the complaint is directed. The complaint shall include:
1. A statement that a public or private
				education agency has violated the requirements of State and/or Federal statute
				and/or regulation for the provision of special education and related
				services;
2. The facts on which the
				statement is based; and
3. The time
				period when the alleged violation occurred.
i.
				The complainant shall allege a violation that occurred not more than one year
				prior to the date that the complaint is received by the Director of the Office.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 10 - EARLY INTERVENTION PROGRAMS › Section 6A:14-10.1 - Early intervention programs serving children between birth and age three

Current through Register Vol. 56, No. 14, July 15, 2024
Early intervention programs shall be administered by the
				  Department of Health as the lead agency in collaboration with the Departments
				  of Human Services and Education in accordance with
				  P.L.
				  2012, c. 17 and c.
				  45.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 10 - EARLY INTERVENTION PROGRAMS › Section 6A:14-10.2 - General requirements when district boards of education contract with early intervention programs under contract with the Department of Health for students age three

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an IEP is developed by a district
				board of education for a child age three who has been enrolled in an early
				intervention program and it is determined that the district board of education
				shall provide a free, appropriate public education for the student by
				continuing the program in the early intervention program for the balance of the
				school year, the following requirements shall apply:
1. The district board of education shall be
				responsible for ensuring the requirements of
				N.J.A.C.
				6A:14-1.1(d) are
				met;
2. A contractual agreement
				shall be provided between the district board of education and the early
				intervention program;
3. Personnel
				shall be appropriately certified and, if required, licensed; and
4. Applications for exceptions pursuant to
				N.J.A.C.
				6A:14-4.9shall be made by the district board
				of education whenever necessary.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
20
				U.S.C. §
									1401(26)
20
				U.S.C. §
									1401(26)
Except as otherwise provided, in this chapter:
(26) Related services
(A) In general
The term "related services" means transportation, and such
				developmental, corrective, and other supportive services (including
				speech-language pathology and audiology services, interpreting services,
				psychological services, physical and occupational therapy, recreation,
				including therapeutic recreation, social work services, school nurse services
				designed to enable a child with a disability to receive a free appropriate
				public education as described in the individualized education program of the
				child, counseling services, including rehabilitation counseling, orientation
				and mobility services, and medical services, except that such medical services
				shall be for diagnostic and evaluation purposes only) as may be required to
				assist a child with a disability to benefit from special education, and
				includes the early identification and assessment of disabling conditions in
				children.
(B) Exception
The term does not include a medical device that is surgically
				implanted, or the replacement of such device.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Appendix C

Current through Register Vol. 56, No. 14, July 15, 2024
20
				U.S.C. §
									1401(29)
20
				U.S.C. §
									1401(29)
(29) SPECIAL EDUCATION-- The term 'special education' means
				specially designed instruction, at no cost to parents, to meet the unique needs
				of a child with a disability, including--
(A) instruction conducted in the classroom, in the home, in
				hospitals and institutions, and in other settings; and
(B) instruction in physical education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Appendix D

Current through Register Vol. 56, No. 14, July 15, 2024
20
				U.S.C. §
									1401(34)
20
				U.S.C. §
									1401(34)
(34) Transition services. The term "transition services" means
				a coordinated set of activities for a child with a disability that--
(A) is designed to be within a results-oriented process, that
				is focused on improving the academic and functional achievement of the child
				with a disability to facilitate the child's movement from school to post-school
				activities, including post-secondary education, vocational education,
				integrated employment (including supported employment), continuing and adult
				education, adult services, independent living, or community
				participation;
(B) is based on the individual child's needs, taking into
				account the child's strengths, preferences, and interests; and
(C) includes instruction, related services, community
				experiences, the development of employment and other post-school adult living
				objectives, and, when appropriate, acquisition of daily living skills and
				functional vocational evaluation.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Appendix E

Current through Register Vol. 56, No. 14, July 15, 2024
20 U.S.C. §
									1412(a)(3)
20 U.S.C. §
									1412(a)(3)
(3) Child find.
(A) In general. All children with disabilities residing in the
				State, including children with disabilities who are homeless children or are
				wards of the State and children with disabilities attending private schools,
				regardless of the severity of their disabilities, and who are in need of
				special education and related services, are identified, located, and evaluated
				and a practical method is developed and implemented to determine which children
				with disabilities are currently receiving needed special education and related
				services.
(B) Construction. Nothing in this title [20 U.S.C.S.
				§§ 1400 et seq.] requires that children be classified by their
				disability so long as each child who has a disability listed in section 602 [20
				U.S.C.S. § 1401] and who, by reason of that disability, needs special
				education and related services is regarded as a child with a disability under
				this part [20 U.S.C.S. §§ 1411 et seq.].
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Appendix F

Current through Register Vol. 56, No. 14, July 15, 2024
20
				U.S.C. §
									1401(1)
20
				U.S.C. §
									1401(1)
(1) Assistive technology device.
(A) In general. The term "assistive
			 technology device" means any item, piece of equipment, or product system,
			 whether acquired commercially off the shelf, modified, or customized, that is
			 used to increase, maintain, or improve functional capabilities of a child with
			 a disability.
(B) Exception. The
			 term does not include a medical device that is surgically implanted, or the
			 replacement of such device.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Appendix G

Current through Register Vol. 56, No. 14, July 15, 2024
20
				U.S.C. §
									1401(2)
20
				U.S.C. §
									1401(2)
(2) Assistive technology service. The term "assistive
				technology service" means any service that directly assists a child with a
				disability in the selection, acquisition, or use of an assistive technology
				device. Such term includes--
(A) the evaluation of the needs of such child, including a
				functional evaluation of the child in the child's customary environment;
(B) purchasing, leasing, or otherwise providing for the
				acquisition of assistive technology devices by such child;
(C) selecting, designing, fitting, customizing, adapting,
				applying, maintaining, repairing, or replacing assistive technology
				devices;
(D) coordinating and using other therapies, interventions, or
				services with assistive technology devices, such as those associated with
				existing education and rehabilitation plans and programs;
(E) training or technical assistance for such child, or, where
				appropriate, the family of such child; and
(F) training or technical assistance for professionals
				(including individuals providing education and rehabilitation services),
				employers, or other individuals who provide services to, employ, or are
				otherwise substantially involved in the major life functions of such child.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this chapter is to:
1. Ensure all
				multilingual learners (MLs) as defined in this chapter are provided with a
				free, appropriate public education pursuant to
				N.J.S.A.
				18A:35-15 to 26;
2. Ensure the rights of MLs are
				protected;
3. Ensure the provision
				of culturally and linguistically responsive, researched-based, and effective
				language instruction educational programs (LIEPs);
4. Assist district boards of education in
				providing bilingual education and dual language immersion programs that promote
				bilingualism, biliteracy, cross-cultural competency, and high levels of
				academic achievement in English and the student's primary
				language(s);
5. Prepare students
				with the knowledge and skills to be able to succeed in a global
				society;
6. Lead high school
				students, if they choose, and if provided by the school district, to be on a
				path toward attaining the State Seal of Biliteracy in their primary
				language;
7. Ensure the evaluation
				of the effectiveness of the LIEPs and education of MLs;
8. Ensure MLs receive equal educational
				opportunities, programs, and services necessary to achieve a thorough and
				efficient education; and
9. Ensure
				district boards of education are providing LIEPs that are aligned to the NJSLS,
				New Jersey Preschool Teaching and Learning Standards of Quality, English
				Language Development (ELD) standards for kindergarten through grade 12, and the
				Early Language Development Standards.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.3 - Identification of eligible multilingual learners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				district board of education shall use, at the time of enrollment, the
				multi-step process set forth at (a)1 through 3 below to identify ML(s) enrolled
				in the school district.
1. Each district
				board of education shall administer to each student enrolled in the school
				district the Statewide home-language survey (HLS). The district board of
				education shall use the Statewide HLS to determine which students in preschool
				to 12th grade have a primary languages(s) other than English and, therefore,
				may be an ML. The Statewide HLS shall be completed, in writing, or by verbal
				interview by any individual with knowledge of the student, such as a parent(s),
				trained school district personnel, or a bilingual or ESL teacher;
2. Following the administration of the
				Statewide HLS, the school district shall conduct a records review process to
				determine whether the student is an ML.
i.
				The records review process may include, but is not limited to, reviewing
				available information about the student's overall academic performance from
				current or prior years, observations of teaching staff members who have worked
				with the student, interviews with the student or the student's parent or family
				in their primary language, and/or additional school records, as needed, and in
				compliance with State and Federal student privacy laws; and
3. The district board of education
				shall then determine the English language proficiency of all kindergarten to
				12th-grade students who are found eligible through (a)1 or 2 above and whose
				primary language is other than English by administering an English language
				proficiency assessment. Students who do not meet the Department-established cut
				score on the English language proficiency assessment shall be considered MLs
				and shall be offered entry into the district board of education's LIEP.
i. Preschool students who are identified,
				pursuant to the processes set forth at (a)1 and 2 above, as having a primary
				language other than English shall be identified as MLs. Prior to the start of
				their kindergarten year, the district board of education shall administer an
				ELP assessment to preschool MLs as part of the screener process to determine
				the ML's English language proficiency level.
ii. The district board of education shall
				also use age-appropriate methodologies to identify preschool MLs to determine
				their individual language development needs.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.4 - District board of education requirements, including LIEPs for multilingual learners

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district board of education shall
				provide all preschool to 12th-grade MLs enrolled in the school district
				pursuant to
				N.J.S.A.
				18A:7F-46 and
				18A:7F-54 with equal educational
				opportunities and all educational activities and programs, including required
				courses and support services defined at (b), (c), (d), and (e) below to prepare
				MLs to meet or exceed the NJSLS for high school graduation. The instructional
				opportunities shall be designed to assist MLs to fully comprehend all subject
				matter and demonstrate their mastery of all NJSLS academic content areas.
1. Instructional opportunities may also
				include individualized and targeted supports, as needed by MLs.
2. The district board of education shall
				ensure that all educational services, activities, and programs incorporate a
				linguistically and culturally responsive, multicultural curriculum in
				accordance with
				N.J.S.A.
				18A:35-4.35, 4.36, and 4.36a, to ensure
				educational equity aligned to the district board of education's comprehensive
				equity plan, pursuant to N.J.A.C. 6A:7.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.5 - Approval procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each school district providing an LIEP
				shall submit a plan every three years to the Department for approval.
(b) A district board of education's LIEP plan
				shall demonstrate that:
1. For kindergarten
				through 12th grade, LIEP curricula include or are aligned with:
i. The NJSLS;
ii. The ELD standards; and
iii. A multicultural curriculum, pursuant to
				N.J.S.A.
				18A:35-4.36a and N.J.A.C. 6A:7.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.6 - Supportive services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Students enrolled in an LIEP shall have
				equal educational opportunities, including full access to educational
				opportunities and services available to other students in the school
				district.
(b) A school district
				shall provide MLs with linguistically and culturally responsive supportive
				services, such as academic counseling, tutoring, career guidance, and mental
				health counseling. Bilingual personnel who are trained in social-emotional
				learning and are familiar with and knowledgeable about the unique assets and
				needs of the MLs, including newcomers and SIFEs, and their parents, shall
				provide the services.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.7 - Professional development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of
				district- and school-level plans for professional development requirements at
				N.J.A.C.
				6A:9C-4.2, the district board of education
				shall describe professional learning for bilingual, ESL, and academic content
				teachers whose classroom instruction is in English; administrators who
				supervise bilingual/ESL programs; and administrators and any personnel who
				observe and evaluate teachers of MLs.
(b) The district- and school-level
				professional development plan shall:
1.
				Include instructional adaptational strategies, pursuant to
				N.J.A.C.
				6A:8-3.1, and training on appropriate
				assessments to help MLs meet the NJSLS and the ELD standards;
2. Address the needs of bilingual and ESL
				teachers, who shall receive training in the use of the ESL curriculum and the
				ELD standards; and
3. Ensure all
				teachers receive training on the ELD standards, and how to provide
				linguistically and culturally accessible instruction and appropriate
				modifications and accommodations for MLs.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.8 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All teachers of bilingual programs shall
				hold a valid New Jersey instructional certificate with an endorsement for the
				appropriate grade level and/or academic content area and a standard certificate
				with a bilingual/bicultural education endorsement, pursuant to
				N.J.S.A.
				18A:6-38 et seq., and 18A:35-15 to 26 and
				N.J.A.C.
				6A:9B-11.5.
(b) Dual language immersion programs, for the
				purpose of meeting the LIEP requirements at
				N.J.S.A.
				18A:35-18 and this chapter, may be taught by
				one or more teachers. In these dual language immersion programs, the following
				endorsements to an instructional certificate shall be fulfilled by one or more
				teachers:
1. An endorsement for the
				appropriate grade level and/or academic content area being taught;
				and
2. An endorsement in
				bilingual/bicultural education or world languages.
i. A teacher of a language other than English
				has demonstrated linguistic competence in the language of their instruction,
				pursuant to N.J.A.C.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.9 - LIEP placement, assessment, exit, and reentry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				MLs from kindergarten through grade 12 shall be enrolled in an LIEP established
				by the district board of education in accordance with
				N.J.A.C.
				6A:15-1.4(b) through (f) and
				1.15(a), and P.L.
				1995, c. 59 and c. 327.
(b) Students identified as MLs shall be
				assessed annually using ELP assessments to measure the progress toward English
				language proficiency and to determine readiness for exiting the LIEP. Students
				who meet the criteria for Statewide alternate assessments, pursuant to
				N.J.A.C.
				6A:14-4.10(a)2, shall be
				assessed annually using an alternate ELP assessment.
(c) An ML enrolled in the LIEP shall be
				placed in a classroom(s) where the primary language of instruction is English
				when the ML has demonstrated readiness to exit an LIEP first by achieving the
				Department-established cut score on an ELP or alternate ELP assessment. The
				student's readiness shall be further assessed by the use of a
				Department-established English language observation form that considers, at a
				minimum: classroom performance; the student's reading level in English; the
				observations of the teaching staff members responsible for the educational
				program of the student; and performance on achievement tests in English.
1. Pursuant to
				34 CFR
				200.6(h)(4)(ii), an ML with
				a disability whose disability makes it impossible for the student to be
				assessed in a particular domain because there are no appropriate accommodations
				for assessing the student in that domain may be exited from ML status based on
				the student meeting the Department-determined cut score on the remaining
				domains in which the student was assessed.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.10 - Graduation requirements for multilingual learners

Current through Register Vol. 56, No. 14, July 15, 2024
All MLs shall satisfy requirements for high school graduation
				  pursuant to
				  N.J.A.C.
				  6A:8-5.1(a).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.11 - Location

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All kindergarten through grade 12 LIEPs
				shall be conducted within classrooms within the school district pursuant to
				N.J.S.A.
				18A:35-20, except under the following
				circumstances:
1. An LIEP is conducted in
				another school district as part of a joint program, pursuant to
				N.J.A.C.
				6A:15-1.13; or
2. An ML's individualized learning
				opportunity, pursuant to
				N.J.A.C.
				6A:8-5.1(a)2, occurs outside
				of the school district's classrooms.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.12 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each district board of education shall
				notify, by written communication, the parent of an ML of the fact that their
				child has been identified as eligible for placement in an LIEP.
1. The district board of education shall
				issue the notification within 30 calendar days of the start of the school
				year.
2. For a student who enrolls
				after the beginning of the school year, the district board of education shall
				issue the notification within 14 calendar days of the student being placed in
				an LIEP.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.13 - Joint programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With approval of the executive county
				superintendent on a case-by-case basis, a district board of education may join
				with another district board of education to provide:
1. An LIEP; and
2. An individualized learning opportunity,
				pursuant to
				N.J.A.C.
				6A:8-5.1(a)2, to an ML who
				chooses to utilize it to meet the 120-credit graduation requirement, in whole
				or in part.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 15 - BILINGUAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:15-1.14 - Parental and family engagement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each district
				board of education shall provide for the maximum practicable engagement of the
				parent of MLs in the development and review of program objectives and
				dissemination of information to and from the district boards of education and
				communities served by the LIEP.
1. This duty
				includes ensuring all information regarding an ML's educational experience is
				available in the language in which the parent possesses a primary speaking
				ability, and in English. This information includes, but is not limited to,
				district- and school-level policies, invitational letters regarding school or
				district programs, information regarding student discipline policies and
				procedures, registration and enrollment, report cards, requests for parent
				permission for student participation in district or school activities,
				parent-teacher conferences, parent handbooks, and gifted and talented
				programs.