New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 14 - SPECIAL EDUCATION
Subchapter 1 - GENERAL PROVISIONS
Section 6A:14-1.3 - Definitions
Words and terms, unless otherwise defined below, when used in this chapter, shall be defined in the same manner as those words and terms are defined and used in the IDEA ( 20 U.S.C. §§ 1400 et seq.) and its implementing regulations at 34 CFR Part 300, which terms are incorporated by reference herein.
"Adaptive behavior" means the ability to demonstrate personal independence and social responsibility according to age and socio-cultural group expectations.
"Adult student" means a person who has attained age 18, who is not under legal guardianship, and who is entitled to receive educational programs and services in accordance with Federal or State law or regulation.
"Alternate assessment" means the same as "alternative assessment for students with disabilities" as defined at N.J.A.C. 6A:8-1.3.
"Approved private school for students with disabilities" means an incorporated entity approved by the Department of Education according to N.J.A.C. 6A:14-7.2 or 7.3 to provide special education and related services to students with disabilities placed by the district board of education responsible for providing their education.
"Assistive technology device" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations at 34 CFR Part 300, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix F.
"Assistive technology service" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations at 34 CFR Part 300, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix G.
"Consent" means agreement in writing that is required by this chapter. Consent shall be obtained from the parent having legal responsibility for educational decision making. The district board of education shall ensure that the parent:
1. Has been fully informed of all information relevant to the activity for which consent is being sought, in his or her native language or other mode of communication;
2. Understands and agrees, in writing, to the implementation of the activity for which consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom;
3. Understands that the granting of consent is voluntary and may be revoked at any time; and
4. If the parent revokes consent, that revocation is not retroactive (that is, it does not negate an action that has occurred after the consent was given and before the consent was revoked).
"Custody" means that a child has been removed from the care of his or her parent(s) by the State agency empowered to do so and the right of the parent(s) to make educational decisions on behalf of the child has been terminated by a court of appropriate jurisdiction.
"Department of Education" means the New Jersey Department of Education.
"District board of education" means, except as defined otherwise, the school district of residence, the charter school board of trustees, the renaissance school project board of trustees, the State agency, or other public education agency that acts as the school district of residence for the location, identification, evaluation, determination of eligibility, development of an IEP and the provision of a free, appropriate public education to students with disabilities.
"Dyslexia" means a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.
"Early childhood program" means a general education program for students ages three through five operated by an agency other than a district board of education. The early childhood program shall be licensed or approved by the Department of Children and Families.
"Extended school year services" means special education and related services that are provided to a student with a disability beyond the normal school year in accordance with the student's IEP at no cost to the parent.
"General Statewide assessment" means a Statewide assessment given to all students of a particular grade level except for those students with disabilities whose IEP specifies that they will participate in the alternate proficiency assessment.
"Individualized education program" (IEP) means a written plan that sets forth a student's present levels of academic achievement and functional performance, measurable annual goals, and short-term objectives or benchmarks and describes an integrated, sequential program of individually designed instructional activities and related services necessary to achieve the stated goals and objectives. This plan shall establish the rationale for the student's educational placement, serve as the basis for program implementation, and comply with the mandates set forth in this chapter.
"IEP team" means the group of individuals who are responsible for the development, review, and revision of a student's IEP. The members of the IEP team are listed at N.J.A.C. 6A:14-2.3(k)2.
"Native language" means the language or mode of communication normally used by a person with a limited ability to speak or understand the English language. In the case of a student, the native language is the language normally used by his or her parents. Except that in all direct contact with a student (including evaluation of the child), the native language is the language normally used by the student in the home or in the learning environment. The IEP team shall determine a student's native language.
"Nonpublic school" means an elementary or secondary school, other than a public school, within the State providing education in kindergarten through grade 12, or any combination of grades in which a student age five through 20 may fulfill compulsory school attendance and that complies with Title VI of the Civil Rights Act of 1964 ( P.L. 88-352 ).
"Nonpublic school student" means any student who is enrolled full time in a nonpublic school. A student who boards at a nonpublic school shall be considered a resident of the school district in which the parent resides.
"Office" means the Office of Special Education Policy and Dispute Resolution in the Department of Education.
"Parent" means the natural or adoptive parent, the legal guardian, resource family parent when willing to so serve, a surrogate parent who has been appointed according to N.J.A.C. 6A:14-2.2, or a person acting in the place of a parent (such as a grandparent or stepparent with whom the student lives or a person legally responsible for the student's welfare). Unless parental rights have been terminated by a court of appropriate jurisdiction, the parent retains all rights under this chapter. For the purposes of this chapter, the term "parent" shall include an adult student.
"Referral" means the written request for an initial evaluation to determine whether a student is eligible for services under this chapter.
"Related services" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix B.
"Special education" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix C.
"Speech-language specialist" means speech-language specialist or speech-language specialist-equivalent.
"Statewide assessment" means the same as "assessment" as defined at N.J.A.C. 6A:8-1.3 and includes the alternate assessment.
"Student" means a person age three through 21 who is entitled to receive educational programs and services in accordance with Federal or State law or regulation.
"Student age" means the school age of a student as defined by the following:
1. "Age three" means the attainment of the third birthday. Children with disabilities attaining age three shall have a free, appropriate public education available to them provided by the district board of education.
2. "Age five" means the attainment of age five by the month and day established by the district board of education as the kindergarten entrance cutoff date. Students with disabilities attaining age five after the kindergarten entrance cutoff date shall continue to be provided preschool services for the balance of that school year.
3. "Age 21" means the attainment of the 21st birthday by June 30 of that school year. Students with disabilities attaining age 21 during the school year shall continue to be provided services for the balance of that school year.
"Student with a disability" means a student who has been determined to be eligible for special education and related services according to 6A:14-3.5 or 3.6.
"Transition services" for students age 16 or older is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix D. For students under age 16, "transition services" is defined as set forth at N.J.A.C. 6A:14-3.7(e)11.
"Ward of the State" means a student who, pursuant to an order of a court of competent jurisdiction, is under the guardianship of a State agency, is a child in resource family care for whom the resource family parent is not the student's parent, or is a student who, pursuant to an order of a court of competent jurisdiction, is in the custody of the State child welfare agency.
