N.J. Admin. Code § 6A:14-9.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:14-9.1 - Monitoring and corrective action

(a) The Department of Education shall monitor all programs and services required by this chapter for compliance with New Jersey statutes, the New Jersey Administrative Code, the approved special education plan, and Federal requirements under the Individuals with Disabilities Education Act (IDEA).

1. The monitoring process shall include, but not be limited to, review of:

i. Provision of a free, appropriate public education in the least restrictive environment;

ii. Provision of transition services; and

iii. Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the disproportionate representation is the result of inappropriate identification.

(b) The monitoring procedures may include, but are not limited to:

1. Review of data, reports and student records;

2. On-site visits;

3. Comparison of a sample of IEPs with the programs and services provided;

4. Development of a required action plan to address areas of noncompliance identified during the monitoring; and

5. Audit of Federal and State funds.

(c) After the monitoring process is completed, a report shall be written by the Department of Education and sent to the public or private agency.

(d) The required action plan shall include, but not be limited to, the following:

1. Objectives and strategies for correcting each noncompliance item cited, including resources needed; and

2. The dates by which noncompliance will be corrected.

(e) The Department of Education shall maintain monitoring records for at least five years.

N.J. Admin. Code § 6A:14-9.1

Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
In (h), changed N.J.A.C. reference.
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), added a reference to Federal requirements under IDEA.
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