N.J. Admin. Code § 6A:14-4.7

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

Section 6A:14-4.7 - Program criteria: special class programs, secondary, and vocational rehabilitation

(a) A special class program shall serve students who have similar intensive educational, behavioral, and other needs related to their disabilities in accordance with their IEPs. Placement in a special class program shall occur when the IEP team determines that the nature and severity of the student's disability is such that no other school-based program will meet the student's needs. Special class programs shall offer instruction in the New Jersey Student Learning Standards unless the IEP specifies a modified curriculum due to the nature or severity of the student's disability. The general education curriculum and the instructional strategies may be modified based on the student's IEP. Special class programs shall meet the following criteria:

1. Depending on the disabilities of the students assigned to the special class program, the special class teacher shall hold certification as a teacher of students with disabilities, teacher of blind or partially sighted, and/or teacher possessing the appropriate teacher of the deaf or hard of hearing certificate;

2. The age span in special class programs shall not exceed four years in elementary programs, and shall not exceed four years in secondary programs; and

3. A kindergarten shall not be approved as a special class program.

(b) Special class programs for students with auditory impairments shall be instructed by a teacher possessing the appropriate teacher of the deaf or hard of hearing certificate.

(c) The nature and intensity of the student's educational needs shall determine whether the student is placed in a program that addresses moderate to severe intellectual disabilities or severe to profound intellectual disabilities.

(d) Special class programs for students with learning and/or language disabilities may be organized around the learning disabilities or the language disabilities or a combination of learning and language disabilities.

(e) Instructional group sizes for preschool, elementary, and secondary special class programs shall not exceed the limits listed in the table below. The instructional group size may be increased with the addition of a classroom aide according to the numbers listed in Column III as set forth in the table below. When determining whether a classroom aide is required, students with a personal aide shall not be included in the student count:

I	II	III
Program	Instructional Size:	Instructional Size:
No Classroom Aide	Classroom Aide
Required	Required
Auditory impairments	8	9 to 12
Autism n¹	3	4 to 6
7 to 9
(Secondary only;
(Two aides required)
Emotional regulation impairment Intellectual disability	9	10 to 12
Intellectual disability²
Mild	12	13 to 16
Moderate	10	11 to 13
Severe	3	4 to 6
7 to 9
(Two aides required)
Learning and/or language disabilities
Mild to moderate	10	11 to 16
Severe	8	9 to 12
Multiple disabilities	8	9 to 12
Preschool disabilities³	--	1 to 8
9 to 12
(Two aides required)
Visual impairments	8	9 to 12

¹ A program for students with autism shall maintain a student to staff ratio of three to one. For a secondary program, two classroom aides are required when the class size exceeds six students.

² A program for students with severe to profound intellectual disabilities shall maintain a three to one student to staff ratio.

³ A classroom aide is required for a preschool classroom. Two aides are required when the class size exceeds eight students.

(f) Secondary special class programs are defined as programs that are located in schools in which there is any combination of grades six through 12 and where the organizational structure is departmentalized for general education students.

(g) In addition to the requirements for instructional size for special class programs pursuant to (e) above, instruction may be provided in the secondary setting of a class organized around a single content area consisting solely of students with disabilities instructed by a general education teacher where an adapted general education curriculum is used shall have a maximum instructional size of 12. The instructional size may be increased up to 16 students with the addition of a classroom aide.

(h) Vocational education programs shall meet the following criteria:

1. For the student placed in a vocational program outside of the district board of education, responsibility shall be as follows:

i. In a full-time county vocational school, all responsibility for programs and services rests with the receiving district board of education;

ii. In a shared-time county vocational school and in an area vocational technical school, primary responsibility rests with the sending district board of education. Vocational personnel shall participate in the IEP decisions; and

2. In vocational education and related academic programs, class sizes shall be as follows:

i. For a class consisting of students with disabilities, the maximum class size with an aide shall not exceed 15 students. Class size shall not exceed 10 students without the addition of an aide unless prior written approval of the Department of Education through the county office of education (county office) is granted pursuant to N.J.A.C. 6A:14-4.9. Requests for approval of a class size that exceeds 10 students without an aide shall include, but not be limited to, a description of the following student needs and instructional considerations:

(1) The nature and degree of the student's educationally disabling condition;

(2) The interests, aptitudes and abilities of the student;

(3) The functional level of the student;

(4) The employment potential of the student;

(5) The type of occupational area;

(6) Instructional strategies;

(7) Safety factors; and

(8) Physical facility requirements.

(i) Secondary level students may be placed in community rehabilitation programs for vocational rehabilitation services according to the following:

1. Community rehabilitation programs shall be approved by a State agency including, but not limited to, the New Jersey Department of Labor and Workforce Development, Division of Vocational Rehabilitation Services, the New Jersey Department of Human Services, and the New Jersey Commission for the Blind and Visually Impaired to provide vocational evaluation, work adjustment training, job coaching, skill training, supported employment, and time-limited job coaching;

2. Placement shall be made according to the student's IEP. The IEP shall specify the New Jersey Student Learning Standards to be met and shall address how the instruction will be provided; and

3. Within 10 calendar days of placement in community rehabilitation facilities, the district board of education shall provide written notification of the placement to the county office.

N.J. Admin. Code § 6A:14-4.7

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