N.J. Admin. Code § 6A:23A-18.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 6A:23A-18.4 - New approved private schools for students with disabilities

(a) A prospective applicant shall file with the Office of Special Education Programs (OSEP) an application to establish an APSSD and shall obtain the Commissioner's, or his or her designee's, approval of the application prior to operating an APSSD.

1. A current APSSD that is adding additional classrooms to an existing approved educational program at a new location, or opening a new program, is considered a new APSSD subject to (a) above. For the purpose of this paragraph, a new location may include, but shall not be limited to, a new building.

2. A current APSSD that is adding additional classrooms to an existing approved educational program, or adding a new class type(s), either of which will be housed in another building at the current location, shall not be considered a new APSSD and shall charge as a tentative tuition rate the tuition currently charged.

(b) An applicant applying for approval as a new APSSD shall provide to the Department evidence of sufficient need for the new private school as follows:

1. The applicant shall file with the OSEP an application to establish an APSSD and shall document there is a need and the new APSSD would likely serve a minimum of 24 public school placement students.

(c) Applicants that meet the criteria in (b) above shall be approved as follows:

1. The applicant school shall receive preliminary approval to operate for a two-year period, after which the applicant school shall provide documentation that it has a minimum ADE of 24 public school placement students by the end of the second school year;

i. An applicant school meeting the minimum ADE of 24 public school placement students by the end of the second school year shall receive new APSSD approval if it meets all other Department requirements;

ii. An applicant school not meeting the minimum ADE of 24 public school placement students by the end of the second school year shall have its preliminary approval status revoked and shall no longer be considered an APSSD;

iii. Any APSSD approved prior to the 2004-2005 fiscal year that falls below the previous minimum ADE of 16 public school placement students in a school year shall have its status as an APSSD rescinded and shall be considered preliminarily approved. The school shall attain a minimum ADE of 16 public school placement students by the end of the third school year after the year in question or its approval shall be rescinded and it shall no longer be considered an APSSD;

iv. Any APSSD approved to operate during the 2004-2005 fiscal year, or thereafter, that falls below an ADE of 24 public school placement students in a subsequent school year shall be considered preliminarily approved. The school shall attain a minimum ADE of 24 public school placement students by the end of the third school year after the year in question or its approval shall be rescinded and it shall no longer be considered an APSSD;

v. APSSDs operating in and affiliated with a public school district are exempt from (b)1 and (c)1i, ii, iii, and iv above; and

vi. An APSSD operating in and affiliated with a public school district shall be restricted to operate only in the public school district location. An APSSD operating in and affiliated with a public school district that chooses to move to a location other than the public school district location shall comply with this section.

(d) An APSSD shall straight line amortize start-up costs, if any, over a 60-month period.

(e) For the first two years of operation of an APSSD, the tentative tuition rate charged at each site shall be established annually and be based on budgeted allowable costs. An APSSD shall submit such estimated cost(s) to the Commissioner, or his or her designee, for approval no later than 90 days preceding the beginning of each school year. The proposed budget shall be on a form and/or electronic system prepared by the Commissioner, or his or her designee, that provides for, but is not limited to, the following:

1. Fiscal and programmatic data;

2. Projected allowable cost items and projected enrollments;

3. A projected budget that reflects administrative costs not in excess of, and instructional costs not less than, the percentages identified in N.J.A.C. 6A:23A-18.3(a)3 and as defined in the chart of accounts;

4. A report of all funding resources;

5. An affidavit of compliance; and

6. A statement of assurance as required by the Office of Special Education Programs.

(f) If the Commissioner, or his or her designee, approves the tentative tuition rate calculated pursuant to (e) above, each sending district board of education shall pay tentative tuition charges based upon the approved estimated costs per student for the first two years of operation.

(g) If the tentative tuition rate charged differs from the final tuition rate charged after each year of operation, the tentative tuition charges will be adjusted in accordance with N.J.A.C. 6A:23A-18.3.

(h) An APSSD approved as a new school shall not begin operations before July 1 of the school year immediately following the school year in which the APSSD received approval to operate, except for an APSSD operating in and affiliated with a public school district.

N.J. Admin. Code § 6A:23A-18.4

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Rewrote the section.
Amended by R.2006 d.361, effective 10/2/2006.
See: 38 N.J.R. 2333(a), 38 N.J.R. 4178(b).
Section was "New private schools for the disabled". Rewrote the section.
Recodified from N.J.A.C. 6A:23-4.3 and amended by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).
In (e)3 and (g), updated the N.J.A.C. reference.
Recodified from N.J.A.C. 6A:23A-18.3 and amended by R.2017 d.134, effective 7/3/2017.
See: 49 N.J.R. 365(a), 49 N.J.R. 1855(a).
Rewrote the section. Former N.J.A.C. 6A:23A-18.4, Bookkeeping and accounting, recodified to N.J.A.C. 6A:23A-18.5.
Modified by Executive Order No. 103(2020), effective 9/30/2020.
See: 52 N.J.R. 1987(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).