N.J. Admin. Code § 6A:14-1.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:14-1.2 - District board of education eligibility for assistance under IDEA Part B

(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.

(b) Each district board of education shall have policies, procedures, and programs that are approved by the Department of Education, through the county office, that are in effect to ensure the following:

1. A free, appropriate public education according to N.J.A.C. 6A:14-1.1(b)1 is available to all students with disabilities between the ages of three and 21, including students with disabilities who have been suspended or expelled from school;

2. Full educational opportunity is provided to all students with disabilities;

3. All students with disabilities who are in need of special education and related services, regardless of the severity of their disabilities, including students with disabilities attending nonpublic schools, are located, identified, and evaluated according to N.J.A.C. 6A:14-3.3;

4. Homeless students who are located, identified, evaluated, and determined eligible are provided special education and related services in accordance with the IDEA, including the appointment of a surrogate parent for unaccompanied homeless youths as defined at 42 U.S.C. §§ 11431 et seq.;

5. An individualized education program (IEP) is developed, reviewed, and, as appropriate, revised according to N.J.A.C. 6A:14-3.6 and 3.7;

6. To the maximum extent appropriate, students with disabilities are educated in the least restrictive environment according to N.J.A.C. 6A:14-4.2;

7. Students with disabilities are afforded the procedural safeguards required by N.J.A.C. 6A:14-2;

8. Students with disabilities are evaluated according to 6A:14-2.5 and 3.4;

9. The compilation, maintenance, access to, and confidentiality of student records are in accordance with N.J.A.C. 6A:32-7, Student Records;

10. Children with disabilities participating in early intervention programs assisted under IDEA Part C who will participate in preschool programs under this chapter experience a smooth transition and, by the student's third birthday, an IEP has been developed and is being implemented according to N.J.A.C. 6A:14-3.3(e);

11. Services are provided to students with disabilities who are placed by their parents in nonpublic schools according to N.J.A.C. 6A:14-6.1 and 6.2;

12. Students with disabilities who are placed in approved private schools for students with disabilities or in schools pursuant to N.J.S.A. 18A:46-14 by the district board of education are provided special education and related services at no cost to their parents;

13. All personnel serving students with disabilities are appropriately certified and licensed, where a license is required, in accordance with State and Federal law;

14. The professional development needs for professional and paraprofessional staff who provide special education, general education, or related services are identified and appropriate in-service training is provided;

i. The district board of education shall maintain information to demonstrate its efforts to:

(1) Prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of students with disabilities;

(2) Enhance the ability of teachers, paraprofessionals, and related service providers to use strategies, such as positive behavioral supports and interventions, to address the conduct of students with disabilities that impedes student learning;

(3) Acquire and disseminate to teachers, administrators, district board of education members, and related services personnel, significant knowledge derived from educational research and other sources and how the school district will, if appropriate, adopt promising practices, materials, and technology;

(4) Ensure that the in-service training is integrated to the maximum extent possible with other professional development activities; and

(5) Provide joint training activities for parents and special education, related services, and general education personnel;

15. Students with disabilities are included in all Statewide and districtwide assessment programs with appropriate accommodations, where necessary;

16. Instructional materials will be provided to students who are blind or have print disabilities in a timely manner, consistent with a plan developed by the school district;

17. For students with disabilities who are potentially eligible to receive services from the New Jersey Children's System of Care, within the Division of Children and Families (formerly provided by the Division of Developmental Disabilities in the Department of Human Services), the school district will provide to parents, pursuant to the Developmentally Disabled Uniform Application Act, N.J.S.A. 30:4-25.10 et seq., the necessary materials to apply for such services;

18. When the school district utilizes electronic mail, parents are informed as to whether they may use electronic mail to submit requests to school officials regarding referral, identification, evaluation, classification, and the provision of a free, appropriate public education. If this is permitted, parents shall be informed of the procedures to access the electronic mail system; and

19. A plan is in effect to establish stability in special education programming. The plan shall take into account the consistency of the location, curriculum, and staffing in the provision of special education services.

(c) Each district board of education shall provide the Department of Education written assurance of its compliance with the requirements of (b)1 through 19 above.

(d) In accordance with instructions from the Department of Education, each district board of education shall describe annually how it will use the funds under Part B of the IDEA during the next school year.

(e) Annually, each district board of education shall provide the Department of Education:

1. A report of the numbers of students with disabilities according to their Federal disability category, age, racial-ethnic background, and placement;

2. A report of the staff, including contracted personnel, providing services to identify, evaluate, determine eligibility, and develop IEPs, and providing related services and/or instruction to students with disabilities, as well as the full-time equivalence of their assignments and relevant information on current and anticipated personnel vacancies and shortages; and

3. Any additional data reports as required by the Department of Education to comply with the IDEA ( 20 U.S.C. §§ 1400 et seq.), including, but not limited to, the number of students with disabilities who:

i. Are exiting education;

ii. Are subject to suspensions and expulsions;

iii. Have been removed to interim alternative education settings;

iv. Are participating in Statewide assessments; and

v. Have achieved preschool and postsecondary transition outcomes.

(f) In addition to the reports in (e) above, each district board of education shall submit to the Department of Education other reports upon request, including, but not limited to, the number of students with disabilities by racial-ethnic group identified as potentially disabled, evaluated, and newly classified.

(g) The district board of education shall make available to parents of students with disabilities and to the general public, all documents relating to the eligibility of the district board of education under Part B of the IDEA.

(h) Each district board of education shall ensure that a special education parent advisory group is in place in the school district to provide input to the school district on issues concerning students with disabilities.

N.J. Admin. Code § 6A:14-1.2

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

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