N.J. Admin. Code § 6A:14-3.3

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

Section 6A:14-3.3 - Location, referral, and identification

(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.

(b) Interventions in the general education setting shall be provided to students exhibiting academic difficulties and shall be utilized, as appropriate, prior to referring a student for an evaluation of eligibility for special education and related services.

1. Within former Abbott school districts, the system of assessment and interventions within general education programs according to N.J.A.C. 6A:13 shall be implemented for all students who have reading as their primary area of difficulty.

(c) The staff of the general education program shall maintain written documentation, including data, setting forth the type of interventions utilized, the frequency and duration of each intervention, and the effectiveness of each intervention.

1. When it is determined, through analysis of relevant documentation and data concerning each intervention utilized, that interventions in the general education program have not adequately addressed the educational difficulties and it is believed that the student may have a disability, the student shall be referred for evaluation to determine eligibility for special education programs and services under this chapter.

2. A determination whether or not to conduct an evaluation shall be made in accordance with (e) below.

(d) A direct referral to the child study team may be made, pursuant to (a)3ii above, when it can be documented that the nature of the student's educational problem(s) is such that evaluation to determine eligibility for special education services under this chapter is warranted without delay.

1. The parent may make a written request for an evaluation to determine eligibility for services under this chapter. Such a request shall be considered a referral and shall be forwarded without delay to the child study team for consideration.

(e) When a preschool age or school age student is referred for an initial evaluation to determine eligibility for special education programs and services under this chapter, a meeting of the child study team, the parent, and the regular education teacher of the student who is knowledgeable about 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 be convened within 20 calendar days (excluding school holidays, but not summer vacation) of receipt of the written request. This group shall determine whether an evaluation is warranted and, if warranted, shall determine the nature and scope of the evaluation pursuant to N.J.A.C. 6A:14-3.4(a). The team may also determine that an evaluation is not warranted and, if so, determine other appropriate action. The parent shall be provided written notice of the determination(s), including a request for consent to evaluate, if an evaluation will be conducted pursuant to N.J.A.C. 6A:14-2.3.

1. To facilitate the transition from early intervention to preschool, a child study team member of the district board of education shall participate in the preschool transition planning conference arranged by the designated service coordinator from the Early Intervention System. The child study team member representing the district board of education at the transition planning conference shall:

i. Review the Part C Early Intervention System Individualized Family Service Plan;

ii. Provide the parents written district board of education registration requirements;

iii. Provide the parents written information on available school district programs for preschool students, including options available for placement in general education classrooms; and

iv. Provide to the parent the form to request that the district board of education invite the Part C service coordinator from the Early Intervention System to the initial IEP meeting for the child after a determination of eligibility.

2. Preschoolers with disabilities shall have their IEPs implemented no later than age three. To assure that preschoolers with disabilities have their initial IEPs implemented no later than age three, a written request for initial evaluation shall be forwarded by Early Intervention Service providers to the district board of education at least 120 days prior to the preschooler attaining age three.

i. For a child receiving Early Intervention System services, the form to request that the district board of education invite the Part C service coordinator from the Early Intervention System to the initial IEP meeting for the child after a determination of eligibility shall be submitted to the district board of education with the request for initial evaluation.

3. When a preschool age child is referred for an initial evaluation, a speech-language specialist shall participate as an additional member of the child study team in the meeting to determine whether to evaluate and the nature and scope of the evaluation.

i. If it is determined that a speech-language assessment will be conducted, it may be utilized as one of the two required assessments in 6A:14-3.4(f).

4. When the suspected disability for students ages five to 21 includes a language disorder, the child study team, the parent, a speech-language specialist, 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 district's programs, shall participate in the meeting to decide whether to evaluate, and the nature and scope of the evaluation.

5. When the suspected disability for students ages five to 21 is a disorder of voice, articulation, and/ or fluency only, the decision to evaluate and the determination of the nature and scope of the evaluation shall be in accordance with (e) above, except that the meeting shall include the speech-language specialist, 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 district's programs.

(f) When it is determined that an evaluation for eligibility for services under this chapter is warranted, the student shall be considered identified as potentially a student with a disability. If the student is removed for disciplinary action, limitations on the amount of time the student is removed and the requirement to provide services shall be consistent with the procedures at N.J.A.C. 6A:14-2.8. Additionally, protections for children not yet eligible for special education and related services shall apply, in accordance with 20 U.S.C. § 1415(k)(5). (See N.J.A.C. 6A:14 Appendix A.)

(g) Audiometric screening pursuant to N.J.A.C. 6A:16-2.3(k)3 shall be conducted for every student referred to the child study team for a special education evaluation.

(h) Vision screening shall be conducted by the school nurse for every student referred to the child study team for a special education evaluation.

(i) The Department of Education incorporates by reference the provisions of the Individuals with Disabilities Education Act of 2004 at 20 U.S.C. § 1412(c)3 and its implementing regulations at 34 CFR Part 300 regarding child find. (See N.J.A.C. 6A:14 Appendix E.)

N.J. Admin. Code § 6A:14-3.3

Amended by R.1998 d.527, effective 11/2/1998.
See: 30 N.J.R. 2852(a), 30 N.J.R. 3941(a).
In (e), rewrote the introductory paragraph.
Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (d)2, deleted a reference to adult students; and rewrote (a), (e) and (f).
Amended by R.2001 d.397, effective 11/5/2001.
See: 33 N.J.R. 2375(a), 33 N.J.R. 3735(b).
In (f), added new last sentence; added (i).
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Amended N.J.A.C. references in (a)3i and (g).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

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