New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 6 - REQUIREMENTS FOR SERVICES IN NONPUBLIC SCHOOLS › Section 6A:14-6.5 - Placement in accredited nonpublic schools that are not specifically approved for the education of students with disabilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Pursuant to N.J.S.A. 18A:46-14, school-age students with disabilities may be
				placed in accredited nonpublic schools that are not specifically approved for
				the education of students with disabilities with the consent of the
				Commissioner of Education, by order of a court of competent jurisdiction, or by
				order of an administrative law judge as a result of a due process hearing.
				Preschool-age students with disabilities may be placed in early childhood
				programs operated by agencies other than a district board of education by the
				district board of education pursuant to N.J. A.C. 6A:14-4.3(d) or by an
				administrative law judge as a result of a due process hearing.
(b) The Commissioner's consent shall be based
				upon the district board of education's certification that the following
				requirements have been met:
1. The nonpublic
				school is accredited. Accreditation means the on-going, on-site evaluation of a
				nonpublic school by a governmental or independent educational accreditation
				agency that is based upon written evaluation criteria that address educational
				programs and services, school facilities, and school staff;
2. A suitable special education program
				pursuant to N.J.S.A. 18A:46-14.a through h cannot be provided to the
				student;
3. The most appropriate
				placement for the student is this nonpublic school;
4. The program to be provided shall meet the
				requirements of the student's IEP;
5. The student shall receive a program that
				meets all the requirements of a thorough and efficient education as defined at
				N.J.S.A. 18A:7A-5c through g. These requirements shall be met except as the
				content of the program is modified by the IEP based on the educational needs of
				the student. Statewide assessment and graduation requirements shall apply.
				Participation in Statewide assessment and/or exemptions from graduation
				requirements shall be recorded in the student's IEP pursuant to
				N.J.A.C.
				6A:14-3.7(e)7  and 9.
i. All personnel providing either special
				education programs pursuant to
				N.J.A.C.
				6A:14-4.4, 4.5, 4.6, or 4.7 or related
				services pursuant to
				N.J.A.C.
				6A:14-3.9shall hold the appropriate
				educational certificate and license, if one is required, for the position in
				which they function;
ii. All
				personnel providing regular education programs shall either hold the
				appropriate certificate for the position in which they function or shall meet
				the personnel qualification standards of a recognized accrediting
				agency;
iii. All substitute
				teachers and aides providing special education and related services shall be
				employed according to applicable rules at N.J.A.C. 6A:9B-7,
				6A:32-4.2,
				and this chapter;
6. The
				student shall receive a comparable program to the program required to be
				provided by the district board of education pursuant to N.J.S.A. 18A:35-1, 2,
				3, 5, 7, and 8, 18A:40A-1, and 18A:6-2 and 3 and
				N.J.A.C.
				6A:8-3.1, and 6A:14-1, 2, 3, and 4. The
				requirements shall be met, except as the content of the program is modified by
				the IEP based on the educational needs of the student. Exemptions shall be
				recorded in the student's IEP pursuant to
				N.J.A.C.
				6A:14-3.7(e)7  and
				9;
7. The nonpublic school provides
				services that are nonsectarian;
8.
				The nonpublic school complies with all relevant State and Federal
				antidiscrimination statutes;
9.
				Written notice has been provided to the student's parent regarding this
				placement. The written notice included a statement that:
i. The nonpublic school is not an approved
				private school for students with disabilities and that the district board of
				education assumes the ongoing monitoring responsibilities for the student's
				program;
ii. No suitable special
				education program could be provided to this student pursuant to
				18A:46-14;
				and
iii. This is the most
				appropriate placement available to this student;
10. The placement is not contested by the
				parents; and
11. The nonpublic
				school has been provided copies of N.J.A.C. 1:6A, 6A:14, and 6A:32.