New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.6 - Program criteria: supplementary instruction and resource programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Supplementary instruction is provided to
				students with disabilities in addition to the primary instruction for the
				subject being taught. The program of supplementary instruction shall be
				specified in the student's IEP.
(b)
				Supplementary instruction in (a) above shall be provided individually or in
				groups according to the chart at (m) below. Supplementary instruction may be
				provided in a general education class or in a pull-out classroom that meets the
				requirements of N.J.A.C. 6A:26-6. Instruction in more than one subject may be
				provided in a pull-out program of supplemental instruction.
(c) A teacher providing supplementary
				instruction shall be appropriately certified either for the subject or the
				level in which instruction is given.
(d) In-class resource programs and pull-out
				replacement resource programs are programs of specialized instruction organized
				around a single subject and are provided to students with disabilities by an
				appropriately certified teacher of students with disabilities. Instruction in
				more than one subject may be provided in a pull-out resource program.
(e) Resource programs shall offer individual
				and small group instruction to students with disabilities. Resource programs
				may be provided in a general education class or in a pull-out classroom that
				meets the requirements of N.J.A.C. 6A:26-6. When a resource program is
				provided, it shall be specified in the student's IEP. Resource programs shall
				provide instruction as defined in (i) and (j) below. In-class resource teachers
				may provide support and replacement instruction at the same time in accordance
				with the group size limits for in-class support in (m) below. Pull-out support
				and pull-out replacement shall not be provided by the same teacher at the same
				time.
(f) If the resource program
				solely serves students with a visual impairment, the teacher shall be certified
				as a teacher of blind or partially sighted. If the resource program solely
				serves students with an auditory impairment, the teacher shall be certified
				with the appropriate teacher of the deaf and/or hard of hearing
				certificate.
(g) A teacher of
				supplementary instruction and a resource program teacher shall be provided time
				on a regular basis for consultation with appropriate general education teaching
				staff.
(h) An in-class resource
				program or an in-class program of supplementary instruction may be provided up
				to the student's entire instructional day. At the elementary level, replacement
				pull-out resource classes may be provided for up to no more than three subject
				areas per day. At the secondary level, replacement pull-out resource classes
				may be provided for up to the entire instructional day.
(i) In an in-class resource program, the
				student shall be provided modifications to the instructional strategies or
				testing procedures, or other specialized instruction, to access the general
				education curriculum in accordance with the student's IEP. The general
				education teacher shall have primary instructional responsibility for the
				student in an in-class resource program unless otherwise specified in the
				student's IEP. An in-class resource program shall be provided in the student's
				general education class at the same time as the rest of the class. A student
				receiving an in-class resource program or an in-class program of supplementary
				instruction shall be included in activities such as group discussion, special
				projects, field trips, and other regular class activities as deemed appropriate
				in the student's IEP.
(j) In a
				pull-out replacement resource program, the general education curriculum and the
				instructional strategies may be modified based on the student's IEP. The
				resource program teacher shall have primary instructional responsibility for
				the student in the replacement resource program and shall consult with the
				general classroom teacher, as appropriate.
(k) The age span in an approved
				single-subject pull-out resource program shall not exceed three years in
				elementary programs and shall not exceed four years in secondary
				programs.
(l) When organizing a
				pull-out replacement resource class, the district board of education shall
				consider the commonality of the instructional needs for the subject area being
				taught according to the levels of academic achievement, learning
				characteristics, and management needs of the students to be placed in the
				class. The resource program teacher shall provide the primary instruction for
				the students in the class.
(m)
				Group sizes for supplementary instruction and resource programs shall not
				exceed the limits listed below. Group size may be increased with the addition
				of an instructional aide, except where noted, according to the following:
Preschool/Elementary
Secondary
Resource
						  and
No
Aide
						  Required
No
Aide Required
Supplementary
Aide
Aide
Instruction
In-class
8
--
10
--
Pull-out support and
supplemental instruction
Single subject
6
7 to
						  9
9
10 to 12
Multiple subject
6
7 to
						  9
6
7 to 9
Preschool/Elementary
Secondary
Replacement
						  Resource
No
Aide
						  Required
No
Aide Required
Aide
Aide
Pull-out
Single subject
6
7 to
						  9
9
10 to 12
(n)
				The maximum number of students with disabilities that shall receive an in-class
				resource program shall be eight at the preschool or elementary level, and 10 at
				the secondary level. The option to increase the group size of an in-class
				program of supplementary instruction in accordance with
				N.J.A.C.
				6A:14-4.9shall be prohibited.
(o) Pull-out support and pull-out replacement
				resource programs shall not be provided at the same time by the same teacher.
				The group size of a pull-out replacement resource program may be increased in
				accordance with
				6A:14-4.9.
				The option to increase the group size for multiple subject supplementary
				instruction according to
				6A:14-4.9
				shall be prohibited.
(p) Secondary
				programs shall be in schools in which any combination of grades six through 12
				are contained and where the organizational structure is departmentalized for
				general education students.
(q) For
				the 2006-2007 and 2007-2008 school years, multiple-subject replacement pull-out
				resource programs may be operated in accordance with the provisions of this
				section for a maximum of four students in any such program at both the
				elementary and secondary levels. The four student limit shall not be excepted
				pursuant to
				6A:14-4.9.
				Beginning July 1, 2008, multiple-subject pull-out resource programs shall no
				longer be operated.