N.J. Admin. Code § 6A:16-9.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:16-9.3 - Student placements

(a) Student placement in an alternative education program, pursuant to 6A:16-1.3 and 9.1(a) and (b), shall be made as follows:

1. For the general education student, the district board of education shall make a determination of the student's risk for school failure and a decision regarding the student's placement in an alternative education program, at a minimum, based on the following:

i. The review of the student's academic, health and behavioral records, including the student's IPP, if one has been developed in accordance with 6A:16-9.2(a)3 i through v, and the results of available testing, assessment or evaluation of the student;

ii. Consultation with and notice to the student's parent; and

iii. Information provided by the school-based multidisciplinary team responsible to provide intervention and referral services, pursuant to N.J.A.C. 6A:16-8, or other multidisciplinary team, as appropriate.

2. Decisions regarding the placement of the student with a disability in an alternative education program, pursuant to 6A:16-9.1(a) and (b), shall be based on the recommendation of appropriate personnel in accordance with N.J.A.C. 6A:14.

3. The district board of education shall provide mandatory placement for a student in an alternative education program for removal due to a firearms offense, pursuant to 6A:16-5.5 or an assault with weapons offense, pursuant to 6A:16-5.6.

i. If placement in an alternative education program, pursuant to 6A:16-9.1(a) or (b), is not available in the instance of a mandatory student placement, the student shall be provided home or out-of-school instruction, pursuant to N.J.A.C. 6A:16-10, until placement in an alternative education program is available.

ii. For the student with a disability, placement in an alternative education program for a firearm offense or an assault with a weapon offense shall occur only upon a determination by appropriate school personnel to place the student in accordance with the provisions of N.J.A.C. 6A:14, Special Education Programs and the Individuals with Disabilities Act of 2004, 20 U.S.C. §§ 1400 et seq.

(b) If a district board of education places a student in an alternative education program approved by another district board of education, pursuant to 6A:16-9.1(a)1, or another approved agency, pursuant to 6A:16-9.1(b), the district board of education of the sending school district shall be responsible for ensuring compliance with the requirements of this subchapter.

(c) Decisions regarding continued placement in an alternative education program or a change to a student's placement shall be made as follows:

1. For the general education student returning to the general education program, the continued placement decision shall be made in accordance with 6A:16-9.2(a)11, as appropriate, and (a)1 above.

2. For a student with disabilities, the continued placement decision shall be made in accordance with 6A:16-9.2(a)11, as appropriate, (a)2 above, and N.J.A.C. 6A:14, Special Education.

N.J. Admin. Code § 6A:16-9.3

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
In (b), updated N.J.A.C. cite.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Mandatory student placements". Rewrote the section.