reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 13A - ELEMENTS OF HIGH QUALITY PRESCHOOL PROGRAMS › Subchapter 11 - APPEALS › Section 6A:13A-11.1 - Preschool program appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals of
				Department decisions on preschool program plans and/or annual updates and
				budget applications shall proceed as follows:
1. The Department shall issue to school
				districts on or before April 1st program and budget decisions, which shall
				ensure, at a minimum, that an appropriate program and budget are planned to
				provide for the implementation of a high-quality preschool program.
2. A school district may file an appeal of
				their preschool program plan and/or annual update and budget decision with the
				Commissioner, pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The appeal
				generally shall proceed as a contested case except as noted in this
				subchapter.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 13A - ELEMENTS OF HIGH QUALITY PRESCHOOL PROGRAMS › Subchapter 11 - APPEALS › Section 6A:13A-11.2 - Review of pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon review of the petition, answer, and
				supporting documentation, the Commissioner may decide to hear the matter
				directly pursuant to
				N.J.S.A.
				52:14F-8 or refer the matter to the Office of
				Administrative Law.
(b) If the
				Commissioner decides to transmit the matter to the Office of Administrative Law
				for a hearing, where appropriate and/or requested, the Commissioner shall
				request that the matter be heard on an expedited basis.
(c) If the Commissioner is hearing the matter
				directly, the Commissioner shall use the procedures for motions for summary
				decision set forth at
				N.J.A.C.
				1:1-12.5. In addition, the Commissioner shall
				promptly notify the parties and provide them the opportunity to submit any
				additional document(s) previously submitted to, or considered by, the
				Department in rendering the appealed decision. If the Commissioner determines,
				upon review of the papers submitted, there are one or more genuine issues of
				material fact in dispute that can be determined only in an evidentiary
				proceeding, the Commissioner may transmit the matter to the Office of
				Administrative Law as a contested case or retain the matter for an evidentiary
				hearing, pursuant to
				N.J.S.A.
				52:14F-8.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 13A - ELEMENTS OF HIGH QUALITY PRESCHOOL PROGRAMS › Subchapter 11 - APPEALS › Section 6A:13A-11.3 - Commissioner review and decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				Commissioner retains the matter, pursuant to
				N.J.A.C.
				6A:13A-11.2, upon receipt of the filings set
				forth at
				N.J.A.C.
				6A:13A-11.1 and 11.2, or upon expiration of
				the time to file all submissions, the Commissioner shall review the total
				record before the Commissioner and render a written decision.
(b) In rendering decisions pursuant to this
				chapter, the Commissioner shall apply the standards set forth for Department
				review in the operative rules for the type of application in dispute. The
				burden of proof shall be on the petitioning party to demonstrate the standards
				were met by the applicant notwithstanding the Department's determination to the
				contrary. The record on appeal shall consist of documents and information
				submitted to the Department in support of the application and any additional
				information relied upon by the Department in making the determination at
				issue.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:14-1.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in
				this chapter supersede all rules in effect prior to September 5, 2006,
				pertaining to students with disabilities.
(b) The purpose of this chapter is to:
1. Ensure that all students with disabilities
				as defined in this chapter, including students with disabilities who have been
				suspended or expelled from school, have available to them a free, appropriate
				public education as that standard is set under the Individuals with
				Disabilities Education Act (IDEA) (
				20 U.S.C. §§
											1400 et seq.);
2. Ensure that the obligation to make a free,
				appropriate public education available to each eligible student begins no later
				than the student's third birthday and that an individualized education program
				is in effect for the student by that date;
3. Ensure that a free, appropriate public
				education is available to any student with a disability who needs special
				education and related services, even though the student is advancing from grade
				to grade;
4. Ensure that the
				services and placement needed by each student with a disability to receive a
				free, appropriate public education are based on the student's unique needs and
				not on the student's disability;
5.
				Ensure that students with disabilities are educated in the least restrictive
				environment;
6. Ensure the
				provision of special education and related services;
7. Ensure that the rights of students with
				disabilities and their parents are protected;
8. Assist public and private agencies
				providing educational services to students with disabilities; and
9. Ensure the evaluation of the effectiveness
				of the education of students with disabilities.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:14-1.2 - District board of education eligibility for assistance under IDEA Part B

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of this section, each
				district board of education and State agency program that acts as a district
				board of education is eligible for assistance under IDEA Part B for a fiscal
				year by having a special education plan that demonstrates to the satisfaction
				of the Department of Education, through the county office of education (county
				office), that the plan meets the conditions of (b) through (f) below.
1. If a district board of education has on
				file with the Department of Education through the county office, a plan
				consisting of policies and procedures that have been approved by the county
				office, including policies and procedures approved under Part B of the IDEA in
				effect before December 3, 2004, the district board of education shall be
				considered to have met the requirements for receiving assistance under Part
				B.
2. Amendments to policies,
				procedures, and programs shall be made according to the following:
i. The approved policies, procedures, and
				programs submitted by a district board of education shall remain in effect
				until the county office approves amendments the district board of education
				deems necessary; or
ii. If the
				provisions of the IDEA Amendments of 2004 or its regulations are amended, or
				there is a new legally binding interpretation of the IDEA by Federal or State
				courts, or there is an official finding of noncompliance with Federal or State
				law or regulations, the Department of Education, through the county office,
				shall require the district board of education to modify its policies,
				procedures, and programs only to the extent necessary to ensure compliance with
				Federal and/or State requirements.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				receiving a high school diploma, a student with a disability age 16 through 21
				who voluntarily leaves a public school program may reenroll at any time up to
				and including the school year of his or her 21st birthday.
(b) Upon request by a parent, each district
				board of education shall provide copies of special education statutes
				(18A:46-1 et seq.), special
				education rules (N.J.A.C. 6A:14), student records rules (N.J.A.C. 6A:32),
				and/or low cost legal or other services relevant to a due process hearing and
				due process rules (N.J.A.C. 1:6A).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.2 - Surrogate parents, wards of the State, and resource family parents

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Each district board of education or responsible State agency shall ensure that
				the rights of a student are protected through the provision of an individual to
				act as surrogate for the parent and assume all parental rights under this
				chapter when:
1. The parent cannot be
				identified;
2. The parent cannot be
				located after reasonable efforts;
3. An agency of the State of New Jersey has
				guardianship of the student or the student is determined a ward of the State
				and, if the student is placed with a resource family parent, the resource
				family parent declines to serve as the student's parent; or
4. The student is an unaccompanied youth as
				that term is defined in section 725(6) of the McKinney-Vento Homeless
				Assistance Act (
				42 U.S.C. §
											11434(a)6 ) and
				N.J.A.C.
				6A:17-1.2.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.3 - Parental consent, notice, participation, and meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Consent shall be obtained:
1. Prior to
				conducting any assessment as part of an initial evaluation;
2. Prior to implementation of the initial IEP
				resulting from (a)1 above;
3. Prior
				to conducting any assessment as part of a reevaluation, except that consent is
				not required if the district board of education can demonstrate that it had
				taken reasonable measures, consistent with (k)7 below, to obtain consent and
				the parent failed to respond;
4.
				Prior to the release of student records in accordance with N.J.A.C.
				6A:32-7;
5. Each time a district
				board of education seeks to access private insurance covering a student with a
				disability;
6. Prior to the first
				time a district board of education seeks to access a child's or parent's public
				benefits or insurance covering a student with a disability in accordance with
				34 CFR 154(d);
7. Whenever a
				member of the IEP team is excused from participating in a meeting pursuant to
				(k) below;
8. Whenever an IEP is
				amended without a meeting pursuant to
				6A:14-3.7(d);
				and
9. Whenever a parent and
				district board of education agree to waive a reevaluation pursuant to
				6A:14-3.8(a).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.4 - Native language

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written notice to the parent shall be
				provided and parent conferences required by this chapter shall be conducted in
				the language used for communication by the parent and student unless it is
				clearly not feasible to do so.
1. Foreign
				language interpreters or translators and sign language interpreters for the
				deaf shall be provided, when necessary, by the district board of education at
				no cost to the parent.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.5 - Protection in evaluation procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In conducting
				an evaluation, each district board of education shall:
1. Use a variety of assessment tools and
				strategies to gather relevant functional and developmental information,
				including information:
i. Provided by the
				parent that may assist in determining whether a child is a student with a
				disability and in determining the content of the student's IEP; and
ii. Related to enabling the student to be
				involved in and progress in the general education curriculum or, for preschool
				children with disabilities, to participate in appropriate
				activities;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.6 - Mediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mediation is a voluntary process that is
				available to resolve disputes arising under this chapter. Mediation shall be
				available for students age three through 21 when there is a disagreement
				regarding identification, evaluation, classification, educational placement, or
				the provision of a free, appropriate public education.
1. A request for mediation shall not be used
				to deny or delay the right to request a due process hearing.
2. Mediation may be agreed to by a parent and
				district board of education in place of the resolution meeting described at
				N.J.A.C.
				6A:14-2.7.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.7 - Due process hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A due process
				hearing is an administrative hearing conducted by an administrative law judge.
				For students age three through 21, a due process hearing may be requested when
				there is a disagreement regarding identification, evaluation, reevaluation,
				classification, educational placement, the provision of a free, appropriate
				public education, or disciplinary action. For students above the age of 21, a
				due process hearing may be requested while the student is receiving
				compensatory educational or related services.
1. A request for a due process hearing shall
				be filed within two years of the date the party knew, or should have known,
				about the alleged action that forms the basis for the due process petition. The
				two-year period for filing for a due process hearing may be extended by an
				administrative law judge if:
i. A district
				board of education specifically misrepresented to the parent that the subject
				matter of the dispute was resolved to the parent's satisfaction; or
ii. The district board of education withheld
				information that was required by law to be provided to the parent.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.8 - Discipline/suspension/expulsions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				disciplinary reasons, district board of education officials may order the
				removal of a student with a disability from his or her current educational
				placement to an interim alternative educational setting, another setting, or a
				suspension for up to 10 consecutive or cumulative school days in a school year.
				Such suspensions are subject to the same district board of education procedures
				as the procedures for nondisabled students. However, at the time of removal,
				the principal shall forward written notification and a description of the
				reasons for such action to the case manager and the student's parent(s).
1. Notwithstanding (a) above, preschool
				students with disabilities shall not be suspended, long-term or short-term, and
				shall not be expelled.
2. The
				district board of education is not required by
				20 U.S.C. §§
											1400 et seq., or this chapter to provide,
				during periods of removal, services to a student with a disability who has been
				removed from his or her current placement for 10 school days or less in a
				school year, provided that if services are provided to general education
				students for removals of 10 or fewer days duration, students with disabilities
				shall be provided services in the same manner as students without disabilities
				during such time periods for removals of 10 or fewer days.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.9 - Student records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All student records shall be maintained
				according to N.J.A.C. 6A:32-7.
(b)
				The parent, adult student, or designated representative shall be permitted to
				inspect and review the contents of the student's records maintained by the
				district board of education pursuant to N.J. A.C. 6A:32-7 without unnecessary
				delay and before any meeting regarding the IEP.
(c) Any consent required for students with
				disabilities pursuant to N.J.A.C. 6A:32-7shall be obtained according to
				N.J.A.C.
				6A:14-1.3(definition of consent) and 2.3(a)
				and (b).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 2 - PROCEDURAL SAFEGUARDS › Section 6A:14-2.10 - Reimbursement for unilateral placement by parents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except
				as provided at
				N.J.A.C.
				6A:14-6.1(a), the district
				board of education shall not be required to pay for the cost of education,
				including special education and related services, of a student with a
				disability if the district board of education made available a free,
				appropriate public education and the parents elected to enroll the student in a
				nonpublic school, an early childhood program, or an approved private school for
				students with disabilities.
(b) If
				the parents of a student with a disability who previously received special
				education and related services from the district of residence enroll the
				student in a nonpublic school, an early childhood program, or approved private
				school for students with disabilities without the consent of, or referral by,
				the district board of education, an administrative law judge may require the
				district board of education to reimburse the parents for the cost of enrollment
				if the administrative law judge finds that the district board of education had
				not made a free, appropriate public education available to the student in a
				timely manner prior to enrollment and that the private placement is
				appropriate.
1. A parental placement may be
				found to be appropriate by a court of competent jurisdiction or an
				administrative law judge pursuant to
				N.J.A.C.
				6A:14-6.5for placements in unapproved
				schools, even if the parental placement does not meet the standards that apply
				to the education provided by the district board of education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Child study
				team members, specialists in the area of disabilities, school personnel, and
				parents as required by this subchapter shall be responsible for identification,
				evaluation, determination of eligibility, development and review of the IEP,
				and placement.
(b) Child study team
				members shall include a school psychologist, a learning disabilities
				teacher-consultant, and a school social worker. All child study team members
				shall be employees of a district board of education, shall have an
				identifiable, apportioned time commitment to the school district, and shall be
				available to provide all needed services during the hours students are in
				attendance.
1. Each member of the child study
				team shall perform only those functions that are within the scope of their
				professional license (where applicable) and certification issued by the
				Department of Education.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.2 - Case manager

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A case manager shall be assigned to a
				student when it is determined that an initial evaluation shall be conducted. A
				child study team member, or a speech-language specialist when acting as a
				member of the child study team, shall be designated and serve as the case
				manager for each student with a disability.
(b) The case manager shall coordinate the
				development, monitoring, and evaluation of the effectiveness of the IEP. The
				case manager shall facilitate communication between home and school and shall
				coordinate the annual review and reevaluation process.
(c) The case manager shall:
1. Be knowledgeable about the student's
				educational needs and program;
2.
				Be knowledgeable about special education procedures and procedural
				safeguards;
3. Have an apportioned
				amount of time for case management responsibilities; and
4. Be responsible for transition planning.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.3 - Location, referral, and identification

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Each district board of education shall develop written procedures for students
				age three through 21, including students attending nonpublic schools located
				within the school district regardless of where they reside, who reside within
				the school district with respect to the location, and referral of students who
				may have a disability due to physical, sensory, emotional, communication,
				cognitive, or social difficulties.
1. The
				requirements of this section apply to highly mobile students with disabilities,
				such as students with disabilities who are migrant and/or homeless students,
				and to students who may have a disability even though they are advancing from
				grade to grade.
2. The activities
				undertaken to locate nonpublic school students with disabilities shall be
				comparable to activities undertaken to locate public school students with
				disabilities. In addition, each district board of education shall consult with
				appropriate representatives of nonpublic school students on how to carry out
				these activities.
i. For preschool-age
				students enrolled in early childhood programs, the child-find obligations,
				including evaluation for eligibility for special education and related
				services, shall be the responsibility of the school district of residence of
				the student's parent.
ii. For
				nonpublic elementary or secondary school students, the child-find obligations
				shall be the responsibility of the school district of attendance in accordance
				with
				N.J.A.C.
				6A:14-6.1.
3. The procedures shall include:
i. Utilizing strategies identified through
				the intervention and referral services according to N.J.A.C. 6A:16-8, as well
				as other general education strategies;
ii. Referral by the school district's
				instructional, administrative, and other professional staff, parents, and State
				agencies, including the Department of Education and agencies concerned with the
				welfare of students.
iii.
				Evaluation to determine eligibility for special education and related services;
				and/or
iv. Other educational
				action, as appropriate.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.4 - Evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The child study team, the parent, and the
				general education teacher of the student who has knowledge of the student's
				educational performance or, if there is no teacher of the student, a teacher
				who is knowledgeable about the school district's programs shall:
1. Review existing evaluation data on the
				student including evaluations and information provided by the parents, current
				classroom-based assessments and observations, and the observations of teachers
				and related services providers, and consider the need for any health appraisal
				or specialized medical evaluation;
2. On the basis of the review at (a)1 above,
				identify what additional data, if any, are needed to determine:
i. Whether the student has a disability under
				this chapter;
ii. The present
				levels of academic and functional achievement and related developmental needs,
				and educational needs of the student; and
iii. Whether the student needs special
				education and related services; and
3. Determine which child study team members
				and/or specialists shall conduct each assessment that is part of the
				evaluation.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.5 - Determination of eligibility for special education and related services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an initial evaluation is completed
				for a student age three through 21, a meeting pursuant to N.J.A.C.
				6A:14-2.3(k)1 shall be convened to determine whether the student is eligible
				for special education and related services. A copy of the evaluation report(s)
				and documentation and information that will be used for a determination of
				eligibility shall be given to the parent at least 10 calendar days prior to the
				meeting. If eligible, the student shall be assigned the classification
				"eligible for special education and related services." Eligibility shall be
				determined collaboratively by the participants described at N.J.A.C.
				6A:14-2.3(k)1.
(b) In making a
				determination of eligibility for special education and related services, a
				student shall not be determined eligible if the determinant factor is due to a
				lack of instruction in reading, including the essential components of reading
				instruction, or mathematics, or if the student is a multilingual learner
				(ML).
(c) A student shall be
				determined eligible and classified "eligible for special education and related
				services" under this chapter when it is determined that the student has one or
				more of the disabilities defined in (c)1 through 14 below, the disability
				adversely affects the student's educational performance, and the student is in
				need of special education and related services. Classification shall be based
				on all assessments conducted, including assessment by child study team members,
				and assessment by other specialists as specified below.
1. "Auditory impairment" corresponds to
				"auditorily handicapped" and further corresponds to the Federal eligibility
				categories of deafness or hearing impairment. "Auditory impairment" means an
				inability to hear within normal limits due to physical impairment or
				dysfunction of auditory mechanisms characterized by (c)1i or ii below. An
				audiological evaluation by a specialist qualified in the field of audiology and
				a speech and language evaluation by a certified speech-language specialist are
				required.
i. "Deafness"-The auditory
				impairment is so severe that the student is impaired in processing linguistic
				information through hearing, with or without amplification, and the student's
				educational performance is adversely affected.
ii. "Hearing impairment"-An impairment in
				hearing, whether permanent or fluctuating, that adversely affects the student's
				educational performance.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.6 - Determination of eligibility for speech-language services

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				"Eligible for speech-language services" means a speech and/or language disorder
				as follows:
1. A speech disorder in
				articulation, phonology, fluency, voice, or any combination, unrelated to
				dialect, cultural differences, or the influence of a foreign language, that
				adversely affects a student's educational performance; and/or
2. A language disorder that meets the
				criteria at
				N.J.A.C.
				6A:14-3.5(c)4  and the
				student requires speech-language services only.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.7 - Individualized education program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A meeting to
				develop the IEP shall be held within 30 calendar days of a determination that a
				student is eligible for special education and related services or eligible for
				speech-language services. An IEP shall be in effect before special education
				and related services are provided to a student with a disability and the IEP
				shall be implemented as soon as possible following the IEP meeting.
1. At the beginning of each school year, the
				district board of education shall have an IEP in effect for every student who
				is receiving special education and related services from the district board of
				education;
2. Every student's IEP
				shall be accessible to each regular education teacher, special education
				teacher, related services provider, and other service provider who is
				responsible for its implementation;
3. The district board of education shall
				inform each teacher and provider described in (a)2 above of his or her specific
				responsibilities related to implementing the student's IEP and the specific
				accommodations, modifications, and supports to be provided for the student in
				accordance with the IEP. The district board of education shall maintain
				documentation that the teacher and provider, as applicable, has been informed
				of his or her specific responsibilities related to implementing the student's
				IEP; and
4. The district board of
				education shall ensure that there is no delay in implementing a student's IEP,
				including any case in which the payment source for providing or paying for
				special education and related services is being determined.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 3 - SERVICES › Section 6A:14-3.8 - Reevaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within three years of the previous
				classification, a multi-disciplinary reevaluation shall be completed to
				determine whether the student continues to be a student with a disability.
				Reevaluation shall be conducted earlier if conditions warrant or if the
				student's parent or teacher requests the reevaluation. However, a reevaluation
				shall not be conducted prior to the expiration of one year from the date the
				parent is provided written notice of the determination with respect to
				eligibility in the most recent evaluation or reevaluation, unless the parent
				and district board of education both agree that a reevaluation prior to the
				expiration of one year as set forth in this subsection is warranted. When a
				reevaluation is conducted earlier than three years from the previous evaluation
				as set forth in this subsection, the reevaluation shall be completed in
				accordance with the timeframes in (e) below.
1. If a parent provides written consent and
				the district board of education agrees that a reevaluation is unnecessary, the
				reevaluation may be waived. If a reevaluation is waived, the date of the
				parent's written consent shall constitute the date upon which the next
				three-year period for conducting a reevaluation shall commence.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each district
				board of education shall provide educational programs and related services for
				students with disabilities required by the IEPs of students for whom the
				district board of education is responsible.
(b) A district board of education proposal to
				establish or eliminate special education programs or services shall be approved
				by the Department of Education through the county office of
				education.
(c) The length of the
				school day and the academic year of programs for students with disabilities,
				including preschoolers with disabilities, shall be at least as long as that
				established for nondisabled students. The IEP team may, in its discretion,
				alter the length of the school day based on the needs of the student.
(d) District board of education operated
				special class programs for preschool children with a disability shall be in
				operation five days per week, one day of which may be used for parent training
				and at least four days of which shall provide a minimum total of 10 hours of
				student instruction, with the following exception:
1. Classes for preschool children with a
				disability operated by a district board of education shall operate at least as
				long as any district board of education program for nondisabled preschoolers,
				but not less than 10 hours per week.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.2 - Placement in the least restrictive environment

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Students with disabilities shall be educated in the least restrictive
				environment. Each district board of education shall ensure that:
1. To the maximum extent appropriate, a
				student with a disability is educated with peers who are not
				disabled;
2. Special classes,
				separate schooling, or other removal of a student with a disability from the
				student's general education class occurs only when the nature or severity of
				the educational disability is such that education in the student's general
				education class with the use of appropriate supplementary aids and services
				cannot be achieved satisfactorily;
3. A full continuum of alternative placements
				according to
				6A:14-4.3 is
				available to meet the needs of students with disabilities for special education
				and related services;
4. Placement
				of a student with a disability is determined at least annually and, for a
				student in a separate setting, activities necessary to transition the student
				to a less restrictive placement are considered at least annually;
5. Placement is based on his or her
				IEP;
6. Placement is provided in
				appropriate educational settings as close to home as possible;
7. When the IEP does not describe specific
				restrictions, the student is educated in the school he or she would attend if
				not a student with a disability;
8.
				Consideration is given to:
i. Whether the
				student can be educated satisfactorily in a general education classroom with
				supplementary aids and services;
ii. A comparison of the benefits provided in
				a general education classroom and the benefits provided in a special education
				classroom; and
iii. The potentially
				beneficial or harmful effects which a placement may have on the student with
				disabilities or the other students in the class;
9. A student with a disability is not removed
				from the age-appropriate general education classroom solely based on needed
				modifications to the general education curriculum;
10. Placement in a program option is based on
				the individual needs of the student; and
11. Determinations regarding the
				restrictiveness of a particular program option are based solely on the amount
				of time a student with disabilities is educated outside the general education
				setting.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.3 - Program options

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All students shall be considered for
				placement in the general education class with supplementary aids and services
				including, but not limited to, the following:
1. Curricular or instructional modifications
				or specialized instructional strategies;
2. Assistive technology devices and services
				as defined in
				6A:14-1.3;
3. Teacher aides;
4. Related services;
5. Integrated therapies;
6. Consultation services; and
7. In-class resource programs.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.4 - Program criteria: speech-language services

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Speech-language services provided to a student with a disability shall be in
				addition to the regular instructional program and shall meet the following
				criteria:
1. Speech-language services shall
				be given individually or in groups.
i. The
				size and composition of the group shall be determined by the IEP team in
				accordance with the speech-language needs of the student(s) with educational
				disabilities and shall not exceed five students.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.5 - Program criteria: supplementary aids and services

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Supplementary aids and services are provided in the general education classroom
				to enable students with disabilities to be educated with nondisabled peers to
				the maximum extent appropriate.
(b)
				A teacher aide may provide supplementary support to a student(s) with
				disabilities when the IEP team has determined that the student requires
				assistance in areas including, but not limited to, the following:
1. Prompting, cueing and redirecting student
				participation;
2. Reinforcing of
				personal, social, behavioral, and academic learning goals;
3. Organizing and managing materials and
				activities; and
4. Implementation
				of teacher-designed follow-up and practice activities.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.7 - Program criteria: special class programs, secondary, and vocational rehabilitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A special class program shall serve
				students who have similar intensive educational, behavioral, and other needs
				related to their disabilities in accordance with their IEPs. Placement in a
				special class program shall occur when the IEP team determines that the nature
				and severity of the student's disability is such that no other school-based
				program will meet the student's needs. Special class programs shall offer
				instruction in the New Jersey Student Learning Standards unless the IEP
				specifies a modified curriculum due to the nature or severity of the student's
				disability. The general education curriculum and the instructional strategies
				may be modified based on the student's IEP. Special class programs shall meet
				the following criteria:
1. Depending on the
				disabilities of the students assigned to the special class program, the special
				class teacher shall hold certification as a teacher of students with
				disabilities, teacher of blind or partially sighted, and/or teacher possessing
				the appropriate teacher of the deaf or hard of hearing certificate;
2. The age span in special class programs
				shall not exceed four years in elementary programs, and shall not exceed four
				years in secondary programs; and
3.
				A kindergarten shall not be approved as a special class
				program.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.8 - Program criteria: home instruction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A student with
				a disability shall have his or her IEP implemented through one-to-one
				instruction at home or in another appropriate setting when it can be documented
				that all other less restrictive program options have been considered and have
				been determined inappropriate.
1. Prior
				written notification that a district board of education intends to provide home
				instruction shall be provided to the Department of Education through the county
				office of education.
2.
				Notification shall be effective for a maximum of 60 calendar days, at which
				time renewal of the notification may be made. Each renewal shall be for a
				maximum of 60 calendar days.
3. A
				written record of the student's home instruction, including dates and times
				during which home instruction is provided, shall be maintained, and the teacher
				providing instruction shall be appropriately certified as teacher of students
				with disabilities or for the subject or level in which the instruction is
				given.
4. Instruction shall be
				provided for at least 10 hours per week. The 10 hours of instruction per week
				shall be accomplished in at least three visits by a certified teacher or
				teachers on at least three separate days.
5. Instruction shall be provided at a
				location conducive to providing educational services, taking into consideration
				the student's disability and any unique circumstances. The parent shall be
				consulted in determining the appropriate location for the provision of home
				instruction.
6. If a parent
				repeatedly fails to make a student available for scheduled home instruction,
				the district board of education shall consider whether the student is truant in
				accordance with
				18A:38-27
				and proceed accordingly.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.9 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Exceptions for the age range and group
				sizes specified at
				N.J.A.C.
				6A:14-4.4, 4.5, 4.6, and 4.7 shall be
				granted:
1. On an individual student
				basis;
2. Only with prior written
				approval of the Department of Education through the county office of education
				(county office); and
3. For a
				period not to exceed the balance of the school year.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.10 - Statewide assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Students with
				disabilities shall participate in the Statewide assessment system according to
				the following:
1. Except as provided in (a)2
				below, students with disabilities shall participate in Statewide assessments
				pursuant to
				N.J.A.C.
				6A:8-4.1. Accommodations and modifications
				approved by the Department of Education shall be provided, when determined
				necessary by the IEP team, to students with disabilities who participate in the
				general Statewide assessments.
2.
				Students with disabilities shall participate in the alternate assessment for
				students with disabilities in each content area where the nature of the
				student's disability is so severe that the student is not receiving instruction
				in any of the knowledge and skills measured by the Statewide assessment and the
				student cannot complete any of the types of questions on the assessment in the
				content area(s) even with accommodations and modifications.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 4 - PROGRAMS AND INSTRUCTION › Section 6A:14-4.11 - Graduation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The IEP of a student with a disability
				who enters a high school program shall specifically address the graduation
				requirements. The student shall meet the high school graduation requirements
				pursuant to
				N.J.A.C.
				6A:8-5.1, except as specified in the
				student's IEP. The IEP shall specify which requirements would qualify the
				student with a disability for the State-endorsed diploma issued by the district
				board of education responsible for his or her education.
(b) Graduation with a State-endorsed diploma
				is a change of placement that requires written notice pursuant to
				N.J.A.C.
				6A:14-2.3(f) and (g).
1. As part of the written notice, the parent
				shall be provided with a copy of the procedural safeguards statement published
				by the Department of Education.
2.
				As with any proposal to change the educational program or placement of a
				student with a disability, the parent may resolve a disagreement with the
				proposal to graduate the student by requesting mediation or a due process
				hearing prior to graduation.
3. In
				accordance with
				6A:14-3.8(d),
				a reevaluation shall not be required.
4. When a student graduates or exceeds the
				age of eligibility, the student shall be provided a written summary of his or
				her academic achievement and functional performance prior to the date of the
				student's graduation or the conclusion of the school year in which he or she
				exceeds the age of eligibility. The summary shall include recommendations to
				assist the student in meeting his or her postsecondary goals.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 14 - SPECIAL EDUCATION › Subchapter 5 - PROVIDING EDUCATIONAL AND RELATED SERVICES › Section 6A:14-5.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each district
				board of education, independently or through joint agreements, shall employ or
				contract with child study teams, as set forth at
				N.J.A.C.
				6A:14-3.1(b),
				speech-language specialists, and other school personnel in numbers sufficient
				to ensure provision of required programs and services pursuant to this chapter.
1. Joint agreements for child study team
				services may be entered into with local education agencies, including other
				district boards of education, educational services commissions, jointure
				commissions, and county special services school districts.
2. A district board of education may
				supplement child study team services with additional teams through contracts or
				joint agreements.
3. If a vacancy
				occurs on a child study team because of an absence of a member(s) of the team
				for an identified period of time, the district board of education may contract,
				for the duration of any such vacancy, with a clinic or agency approved by the
				Department of Education, an individual, or another district board of education
				for the services provided by the absent team member(s).