N.J. Admin. Code § 6A:17-3.2

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

Section 6A:17-3.2 - Educational program objectives and requirements

(a) Each State agency shall develop educational programs to complement the agency's primary mission and provide educational opportunities that meet the identified needs of students in each State facility. The programs shall be delivered, in accordance with N.J.A.C. 6A:8-5.1, through traditional strategies or a variety of individualized learning opportunities, which allow high school credit to be granted through alternative learning experiences, in accordance with program completion authorized at N.J.A.C. 6A:8-5.1(a)2.

1. Upon a student's placement in the State facility, the State agency shall:

i. Provide a program comparable to the student with a disability's current individualized education program (IEP), pursuant to N.J.A.C. 6A:14-4.1(g), and implement the current IEP or develop a new IEP pursuant to N.J.A.C. 6A:14-4.1(g)1 through 3. When a student with a disability is placed by a school district on a tuition basis, the school district of residence shall be responsible for the development of the student's IEP;

ii. Develop an individualized program plan (IPP), within 30 calendar days, for each general education student, in consultation with the student's parent, school district of residence, and a team of professionals with knowledge of the student's educational, behavioral, emotional, social, and health needs to identify appropriate instructional and support services. The IPP shall minimally include the following information for the student:

(1) NJSMART number and personally identifiable information;

(2) Current academic standing on the date of development;

(3) Results of educational screening administered by the State agency;

(4) Specific curriculum areas and course titles designed to meet all of the New Jersey Student Learning Standards;

(5) Graduation requirements of the school district of residence, for students in grades nine through 12; and

(6) Services to facilitate the transition of a student returning to the general education program;

iii. Discuss the IPP with the student and make a reasonable effort to obtain parental consent for an initial IPP, including written notice.

(1) The State facility shall provide written notice to the parent, with a copy of the IPP, that requests the parents consent but clearly indicates the IPP will be implemented if consent is not received within 15 days of receipt of the notice.

(2) Parental consent need not be obtained for an initial IPP if the parent cannot be found or does not respond after reasonable efforts, or parental rights have been terminated or subrogated for purposes of consenting to eligibility by a court of competent jurisdiction and consent has been given by an individual the court has appointed.

(3) The State facility shall document it is unable to secure the participation of the parent by maintaining a record of its attempts to arrange for the parental consent of the IPP, including, but not limited to:

(A) Detailed records of telephone calls made or attempted and the results of the calls; and

(B) Copies of correspondence sent to the parents and any response(s) received; and

iv. Review and revise the IPP at any time during the students enrollment, as needed, or on an annual basis if the student remains enrolled in the State facility educational program, in consultation with the school district of residence.

(1) The parent shall be advised in writing of any revision(s) to the IPP.

(b) Each State agency shall utilize the following program objectives for achieving the legislative goal as stated at N.J.S.A. 18A:7B-1 et seq., of providing a thorough and efficient education and as the framework for developing educational experiences that meet the specialized needs of all students in each State facility under the agency's jurisdiction. The educational programs, as provided for under the State Facilities Education Act shall:

1. Provide instruction in the New Jersey Student Learning Standards and assist students in working toward fulfilling the high school graduation requirements contained in 6A:8-5.1;

2. Provide relevant job training and enhance occupational competencies through career and technical education programs, where appropriate, pursuant to N.J.A.C. 6A:19, Career and Technical Education Programs and Standards, and 6A:8, Standards and Assessments;

3. As appropriate, provide adult education programs and post-secondary and college programs offered by institutions licensed by the Department of Education or the Office of the Secretary of Higher Education in programs operated by the Departments of Corrections and Children and Families, pursuant to N.J.S.A. 18A:7B-4, 8, and 9; and

4. As appropriate, provide an educational program preparing students for the adult education assessment, pursuant to 6A:20-1.2, for programs operated by the Juvenile Justice Commission and the Departments of Corrections and Children and Families.

(c) Attendance in educational programs is compulsory for all students, except for a student age 16 or above who may explicitly waive this right. For a student between the ages 16 and 18, a waiver is not effective unless accompanied by consent from a student's parent. A waiver may be revoked at any time by the former student.

(d) All education programs, with the exception of instruction provided pursuant to (f) below, shall be available at least four hours per day, five days a week, for a minimum of 220 days each year.

(e) The actual number of days a student with a disability must attend the educational program shall be determined by the students IEP in accordance with 6A:14-3.7.

(f) Each State agency shall ensure that instruction is provided to students further confined due to a health condition, treatment, or behavioral segregation:

1. The teacher shall provide instruction for the number of days and length of time sufficient to continue the students academic progress and dependent upon the students ability to participate due to a temporary or chronic health condition or a need for treatment that precludes participation in the usual education setting or as determined by custody for behavioral segregation.

2. For a student with disabilities, the academic instruction shall be consistent with the student's IEP, pursuant to 6A:14-2.8, and shall meet the New Jersey Student Learning Standards. When the provision of academic instruction will exceed 30 consecutive school days, the IEP team shall convene a meeting to review and, if appropriate, revise the student's IEP.

3. For a general education student, the instruction shall be consistent with the student's individualized program plan and shall meet the New Jersey Student Learning Standards and the requirements of the district board of education for promotion at that grade level.

(g) Each State agency shall ensure that activities are not scheduled in conflict with educational programs.

(h) Each State agency shall ensure students are not excused from attending educational programs, except for reasons of illness, religious observance, court appearance, or other compelling personal circumstances.

(i) Each State agency shall ensure all students in that agencys State facilities shall comply with the State agencys established code of conduct.

(j) Each State agency shall establish procedures for continued education in a different setting in cases where a student is guilty of ongoing defiance of the rules, and the student's continued participation in the program is disruptive to the ongoing educational process.

(k) For a student in a State facility who has an identifiable school district of residence as defined by 18A:7B-12, the district board of education shall grant a State-endorsed diploma in accordance with 6A:8-5.1 and 5.2 and 6A:14-4.11.

(l) For a student in a State facility who does not have an identifiable school district of residence as defined by 18A:7B-12, the applicable State agency shall certify the student has successfully completed all graduation requirements contained in 6A:8-5.1 so the Commissioner of Education may issue a State-endorsed diploma.

N.J. Admin. Code § 6A:17-3.2

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

Administrative Change, 48 N.J.R. 1802(a).

Amended by 54 N.J.R. 553(a), effective 4/4/2022