N.J. Admin. Code § 6A:14-7.1

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

Section 6A:14-7.1 - General requirements

(a) Receiving schools include educational services commissions, jointure commissions, regional day schools, county special services school districts, the Marie H. Katzenbach School for the Deaf, approved private schools for students with disabilities (that may or may not provide residential services) and public college operated programs for students with disabilities. Receiving schools shall obtain prior written approval from the Department of Education to provide programs for students with disabilities through contracts with district boards of education.

1. Approval to establish or change a program shall be based upon the criteria established by the Department of Education in this subchapter.

2. Monitoring and approval shall be conducted on an ongoing basis by the Department of Education.

(b) For a student in a program operated by, or under contract with, the Department of Education, the district board of education retains responsibility for the provision of programs and services under this chapter.

(c) Programs for students with disabilities provided under this subchapter shall be operated pursuant to this chapter.

1. Exceptions regarding age range and class size shall be requested by the district board of education of the school district of residence and determined pursuant to N.J.A.C. 6A:14-4.9. District boards of education and providers of programs under this subchapter shall maintain documentation of this approval.

(d) Annually, providers of programs under this subchapter shall prepare and submit a report to the Department of Education through the county office of education. The report shall be submitted on a format provided by the Department of Education and shall include the kind and numbers of staff providing special education and related services.

(e) Annually, providers of programs pursuant to this subchapter shall prepare and submit a report, in a format provided by the Department of Education, to the Department of Education through the county office. The report shall include, but not be limited to, the number of enrolled students by age, race, ethnicity, the number of students whose placements were terminated during the previous school year, and, when known, the subsequent placement for each student whose placement was terminated.

(f) Out-of-State private schools for students with disabilities shall be approved to provide special education programs by the department of education of the state in which they are located prior to applying for eligibility to receive New Jersey students.

(g) The residential component of an approved private school for students with disabilities shall be approved by either the New Jersey Department of Human Services or by the appropriate government agency in the State in which the school is located.

(h) An employee of a district board of education who is directly or indirectly responsible for the placement of students with disabilities shall have no interest in, and shall not be employed by, any approved private school for students with disabilities that serves students with disabilities placed by that district board of education.

N.J. Admin. Code § 6A:14-7.1

Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (c)1; added new (e) and recodified former (e) through (g) as new (f) through (h); throughout the section, substituted "students with disabilities" for "the disabled".
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