N.J. Admin. Code § 6A:14-3.7

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:14-3.7 - Individualized education program

(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.

(b) The IEP shall be developed by the IEP team pursuant to N.J.A.C. 6A:14-2.3 and this section for students classified eligible for special education and related services or pursuant to N.J.A.C. 6A:14-3.6(d) for students classified eligible for speech-language services.

(c) When developing the IEP, the IEP team shall:

1. Consider the strengths of the student and the concerns of the parents for enhancing the education of their child;

2. Consider the academic, developmental, and functional needs of the student;

3. Consider the results of the initial evaluation or most recent evaluation of the student and, as appropriate, the student's performance on any general State or districtwide assessment;

4. Consider the consistency of the location of the services for students who are prone to regression due to frequent changes in location;

5. In the case of a student whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies to address that behavior, including positive behavioral interventions and supports;

6. In the case of a student who is an English language learner, consider the language needs of the student as related to the IEP;

7. In the case of a student who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the student's reading and writing skills, and current and projected needs for instruction in Braille, that such instruction is not appropriate;

8. Consider the communication needs of the student;

9. In the case of a student who is deaf or hard of hearing, consider the student's language and communication needs, opportunities for direct communication with peers and professional personnel in the student's language and communication mode, academic level, and full range of opportunities for direct instruction in the student's language and communication mode;

10. Consider whether the student requires assistive technology devices and services.

i. The district board of education shall ensure that assistive technology devices or assistive technology services, or both, as defined in the IDEA, are made available to a student with a disability if required as part of the student's special education, related services, or supplementary aids and services.

ii. On a case-by-case basis, the use of school-purchased assistive technology devices in a student's home or in other settings is required if the IEP team determines that the student needs access to those devices in order to receive a free, appropriate public education;

11. Beginning at age 14, or younger if determined appropriate by the IEP team, consider the need for consultation from the Division of Vocational Rehabilitation Services, Department of Labor and other agencies providing services for individuals with disabilities; and

12. Review the preschool day to determine what accommodations and modifications may be required to allow the child to participate in the general education classroom and activities.

(d) The IEP may be amended without a meeting of the IEP team as follows:

1. The IEP may be amended if the parent makes a written request to the district board of education for a specific amendment to a provision(s) of the IEP and the district board of education agrees;

2. The district board of education provides the parent a written proposal to amend a provision(s) of the IEP and, within 15 days from the date the written proposal is provided to the parent, the parent consents in writing to the proposed amendment;

3. All amendments pursuant to (d)1 and 2 above shall be incorporated in an amended IEP or an addendum to the IEP, and a copy of the amended IEP or addendum shall be provided to the parent within 15 days of receipt of parental consent by the district board of education; and

4. If an IEP is amended pursuant to this subsection, the amendment shall not affect the requirement in (i) below that the IEP team review the IEP at a meeting annually, or more often if necessary.

(e) With the exception of an IEP for a student classified as eligible for speech-language services, the IEP shall include, but not be limited to:

1. A statement of the student's present levels of academic achievement and functional performance, including, but not limited to:

i. How the student's disability affects the student's involvement and progress in the general education curriculum; or

ii. For preschool students, as appropriate, how the disability affects the student's participation in appropriate activities;

2. Where appropriate, a statement of detailed measurable annual academic and functional goals that shall be related, as appropriate, to the New Jersey Student Learning Standards through the general education curriculum unless otherwise required according to the student's educational needs, or appropriate, student-specific functional needs. For all students, the annual academic and functional goals shall be measurable and apprise parents and educational personnel providing special education and related services to the student of the expected level of achievement attendant to each goal.

3. Such measurable annual goals shall include benchmarks or short-term objectives related to:

i. Meeting the student's needs that result from the student's disability to enable the student to be involved in and progress in the general education curriculum; and

ii. Meeting each of the student's other educational needs that result from the student's disability;

4. A statement of the special education and related services and supplementary aids and services that shall be provided for the student, or on behalf of the student. The special education and related services and supplementary aids and services shall be based, to the extent practicable, on peer-reviewed research. A statement of the program modifications or supports for school personnel that shall be provided for the student:

i. To advance appropriately toward attaining the measurable annual academic and functional goals;

ii. To be involved and progress in the general education curriculum according to (e)1 above and to participate in extracurricular and other nonacademic activities; and

iii. To be educated and participate with other students with disabilities and nondisabled students;

5. A statement, as appropriate, of any integrated therapy services to be provided addressing the student's individualized needs in his or her educational setting;

6. An explanation of the extent, if any, to which the student shall not participate with nondisabled students in the general education class and in extracurricular and nonacademic activities;

7. A statement of any individual modifications in the administration of Statewide or districtwide assessments of student achievement needed for the student to participate in such assessment.

i. If the IEP team determines that the student shall not participate in a particular Statewide or districtwide assessment of student achievement (or part of such an assessment), a statement of why that assessment is not appropriate for the student pursuant to N.J.A.C. 6A:14-4.10 and a statement of how that student shall be assessed and which assessment methodology is appropriate for the student;

8. A statement that specifies the projected date for the beginning of the services and modifications described at (e)4 above, and the anticipated frequency, location, and duration of those services and modifications;

9. Beginning at age 14, a statement of the State and local graduation requirements that the student shall be expected to meet. The statement shall be reviewed annually. If a student with a disability is exempted from, or there is a modification to, local or State high school graduation requirements, the statement shall include:

i. Consistent with N.J.A.C. 6A:14-4.11, a rationale for the exemption or modification based on the student's educational needs; and

ii. A description of the alternate proficiencies to be achieved by the student to qualify for a State-endorsed diploma.

10. A statement of student's transition from an elementary program to the secondary program, which shall be determined by factors including number of years in school; social, academic, and vocational development; and chronological age;

11. Beginning with the IEP in place for the school year when the student will turn age 14, or younger if determined appropriate by the IEP team, and updated annually:

i. A statement of the student's strengths, interests, and preferences;

ii. Identification of a course of study and related strategies and/or activities that:

(1) Are consistent with the student's strengths, interests, and preferences; and

(2) Are intended to assist the student in developing or attaining postsecondary goals related to training, education, employment, and, if appropriate, independent living;

iii. As appropriate, a description of the need for consultation from other agencies that provide services for individuals with disabilities including, but not limited to, the Division of Vocational Rehabilitation Services in the Department of Labor; and

iv. As appropriate, a statement of any needed interagency linkages and responsibilities;

12. Beginning with the IEP in place for the school year when the student will turn age 16, or younger if deemed appropriate by the IEP team, a statement consisting of the elements set forth in (e)11 above and appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, if appropriate, independent living, and the transition services including a course of study needed to assist the child in reaching those goals.

i. The transition services for a student with a disability, as defined in IDEA, shall consist of a coordinated set of activities that is designed within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation, and is based on the individual student's needs, taking into account the student's strengths, preferences, and interests. In addition to the above, transition services shall include:

(1) Instruction;

(2) Related services;

(3) Community experiences;

(4) The development of employment and other post-school adult living objectives; and

(5) If appropriate, acquisition of daily living skills and functional vocational evaluation;

13. The person(s) responsible to serve as a liaison to postsecondary resources and make referrals to the resources as appropriate. If the student with disabilities does not attend the IEP meeting where transition services are discussed, the district board of education shall take other steps to ensure that the student's preferences and interests are considered;

14. Beginning at least three years before the student reaches age 18, a statement that the student and the parent have been informed of the rights under this chapter that will transfer to the student on reaching the age of majority;

15. A statement of how the student's progress toward the annual goals described in (e)2 above will be measured;

16. A statement of how the student's parents will be regularly informed of their student's progress toward the annual goals and the extent to which the progress is sufficient to enable the student to achieve the goals by the end of the year. The parents of a student with a disability shall be informed of the progress of their child at least as often as parents of a nondisabled student are informed of their child's progress; and

17. For students in an out-of-district placement, the IEP shall set forth how the student will participate with nondisabled peers in extracurricular and nonacademic activities, and delineate the means to achieve such participation, including, if necessary, returning the student to the district board of education to effectuate such participation.

(f) The IEP for the student classified as eligible for speech-language services shall include (e)1 through 8, 15, and 16 above. When appropriate, (e)11, 12, 13, and 14 above shall be included. The statement of the current academic and functional achievement in (e)1 above shall include a description of the student's status in speech-language performance and a description of how the student's disability affects the student's involvement and progress in the general education curriculum. Students who are classified as eligible for speech-language services shall not be exempted from districtwide or Statewide assessment.

(g) If an agency other than the district board of education fails to provide the transition services included in the student's IEP, the district board of education shall reconvene a meeting of the IEP participants. Alternative strategies to meet the student's transition objectives shall be identified.

(h) If an agency invited to send a representative to the IEP meeting does not do so, the district board of education shall take other steps to obtain the participation of the other agency in the planning of any transition services.

(i) Annually, or more often if necessary, the IEP team shall meet to review and revise the IEP and determine placement as specified in this subchapter.

1. The annual review of the IEP for a preschool student with disabilities shall be completed by June 30 of the student's last year of eligibility for a preschool program.

2. The annual review of the IEP for an elementary school student with disabilities shall be completed by June 30 of the student's last year in the elementary school program. The annual review shall include input from the staff of the secondary school.

(j) The IEP team shall review:

1. Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;

2. The results of any reevaluation conducted according to 6A:14-3.8;

3. Information about the student, including information provided by the parents, current classroom-based assessments and observations, and the observations of teachers and related services providers;

4. The student's anticipated needs; or

5. Other relevant matters.

(k) For students in a separate setting, the IEP team shall, on an annual basis, consider activities necessary to transition the student to a less restrictive placement.

(l) Signatures of persons who participated in the meeting to develop the IEP shall be maintained by the district board of education and either a copy of the IEP or written notes setting forth agreements with respect to the IEP as determined by the IEP team shall be provided to the parents at the conclusion of the meeting.

(m) When the parent declines participation in an IEP meeting or is in disagreement with the recommendations, the remaining participants shall develop a written IEP in accordance with this section. However, initial implementation of special education cannot occur until consent is obtained. For other than initial implementation of special education, consent is not required. The parents shall be provided written notice according to 6A:14-2.3.

N.J. Admin. Code § 6A:14-3.7

Amended by 47 N.J.R. 419(a), effective 2/2/2015

Administrative Change, 48 N.J.R. 1802(a).

Amended by 52 N.J.R. 1822(b), effective 10/5/2020