N.J. Admin. Code § 6A:27-5.1

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

Section 6A:27-5.1 - Students with disabilities

(a) Students with disabilities who have been determined to be eligible for special education and related services pursuant to N.J.A.C. 6A:14-3.5 or 3.6 shall be provided with transportation in accordance with N.J.S.A. 18A:39-1et seq., and with their individualized education program (IEP).

1. The district board of education shall provide transportation as required in the IEP. Such services may include, but are not limited to, special transportation equipment, transportation aides, and special arrangements for other assistance to and from school.

2. When an out-of-district placement for educational reasons is made by a resident district board of education, transportation shall be provided consistent with the school calendar of the receiving school. The receiving school shall submit a copy of the school calendar to the resident district board of education by May 15 preceding the year in which transportation is required, or at the time of placement if it occurs after May 15.

3. When necessary, the student's case manager shall provide the transportation coordinator and the bus driver with specific information including safety concerns, mode of communication, and health and behavioral characteristics of a student for whom transportation services are to be provided.

4. Students with disabilities below the age of five shall be transported in vehicles equipped with safety belts or other child restraint systems.

(b) The expenditure of the resident district board of education for the transportation of eligible charter school students with disabilities who reside outside the district in which the charter school is located and eligible choice program students with disabilities shall not exceed the maximum per student expenditure for nonpublic school transportation in accordance with N.J. S.A. 18A:39-1.

1. If the cost of transportation exceeds the maximum allowable expenditure, the charter school or choice district shall pay the amount in excess of the annual maximum expenditure.

2. Under no circumstances shall the parent or guardian of the student with disabilities be responsible for payment of the cost of transportation services required by the student's IEP.

N.J. Admin. Code § 6A:27-5.1

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a)2, inserted the last sentence.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), deleted "in accordance" following "and"; in (a)1, inserted a comma following "aides", and deleted "the" preceding "school"; in (a)2, substituted "if it" for ", if placement"; and in (a)3, substituted "for whom transportation services are to be provided" for "assigned".

Amended by 53 N.J.R. 163(a), effective 2/1/2021