N.J. Admin. Code § 6A:14-6.1

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

Section 6A:14-6.1 - Equitable participation under IDEA Part B

(a) The district board of education of the school district of attendance shall provide, as required by Federal law and regulation under Part B of the IDEA, a genuine opportunity for the equitable participation of students with disabilities who are enrolled in nonpublic schools or early childhood programs by their parents.

1. The school district of attendance shall make the final decisions with respect to the services to be provided to eligible students with disabilities enrolled in nonpublic schools or early childhood programs.

(b) The school district of attendance shall spend an amount of money equal to a proportionate amount of Federal funds available under Part B of the IDEA for the provision of services to students with disabilities who are attending nonpublic schools.

(c) After timely and meaningful consultation with representatives of nonpublic schools, the school district of attendance shall undertake a child find process in accordance with IDEA and its implementing regulations to determine the number of parentally placed children with disabilities attending nonpublic schools located within the school district.

1. As part of the child find process, the school district of attendance shall consult with private school representatives and representatives of parents of parentally placed nonpublic school children with disabilities in the design and development of special education and related services for such children.

i. After consulting with representatives of participating private schools, the district board of education shall obtain a signed, written affirmation that the consultation as required by IDEA, 20 U.S.C. §§ 1400 et seq., and its implementing regulations at 34 CFR §§ 300.1 et seq. occurred.

ii. If unable to obtain signed, written affirmation, the school district of attendance shall forward documentation of the consultation process to the Office.

iii. Nonpublic school officials may file a complaint with the Department of Education if they believe the consultation process was not meaningful and timely.

(1) The complaint shall set forth the basis for the alleged noncompliance.

(2) The district board of education shall provide documentation of its consultation process to the Department within 30 days of notification of the filing of a complaint with respect to the consultation process.

(3) The Department shall then render a determination of whether the consultation was meaningful and, if appropriate, order any necessary corrective action.

(4) Appeals of a Department of Education determination with respect to the consultation process under this subsection shall be made to the Secretary of the United States Department of Education pursuant to procedures set forth in IDEA, 20 U.S.C. §§ 1400 et seq., and its implementing regulations at 34 CFR Part 300.

(d) Services pursuant to this section may be provided by district board of education personnel or through contracts with individuals or approved clinics or agencies. In addition, services provided pursuant to this section shall be secular, neutral, and non-ideological.

(e) The procedural safeguards available to nonpublic school students with disabilities and their parents as specified by Federal law and rules under Part B of the IDEA shall apply.

1. The right to request mediation or a due process hearing applies only to the location, identification, evaluation, determination of eligibility, and reevaluation of students with disabilities enrolled in nonpublic schools or early childhood programs by their parents.

2. Disputes regarding the provision of services to a particular nonpublic school student with a disability shall be addressed through the complaint procedures according to 6A:14-9.2.

(f) If a nonpublic school student with a disability will receive special education or related services from the school district of attendance, the school district of attendance shall:

1. Initiate and conduct meetings pursuant to N.J.A.C. 6A:14-2.3(k) to develop, review, and revise a service plan for the student.

i. For services provided by the district board of education, the service plan for a student with a disability enrolled in a nonpublic school or early childhood program shall include the components described at N.J.A.C. 6A:14-3.7(e)1 through 6, 8, 14, 15, and 16. The transition requirements described at N.J.A.C. 6A:14-3.7(e) shall be included only when the district board of education is providing transition services to the student; and

2. Ensure that a representative of the nonpublic school or early childhood program attends each meeting. If the representative of the nonpublic school cannot attend, the school district of attendance shall use other methods to ensure participation by the nonpublic school, including individual or conference telephone calls.

N.J. Admin. Code § 6A:14-6.1

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a), inserted a reference to early childhood programs; added (a)1; in (c), added 1 and 2; and added (d).
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.

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