New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 14 - SPECIAL EDUCATION
Subchapter 4 - PROGRAMS AND INSTRUCTION
Section 6A:14-4.1 - General requirements
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Each district board of education shall provide educational programs and related services for students with disabilities required by the IEPs of students for whom the district board of education is responsible.
(b) A district board of education proposal to establish or eliminate special education programs or services shall be approved by the Department of Education through the county office of education.
(c) The length of the school day and the academic year of programs for students with disabilities, including preschoolers with disabilities, shall be at least as long as that established for nondisabled students. The IEP team may, in its discretion, alter the length of the school day based on the needs of the student.
(d) District board of education operated special class programs for preschool children with a disability shall be in operation five days per week, one day of which may be used for parent training and at least four days of which shall provide a minimum total of 10 hours of student instruction, with the following exception:
(e) If a classroom aide is employed, he or she shall work under the direction of a principal, special education teacher, general education teacher, or other appropriately certified personnel in a special education program. The job description of a classroom aide shall be approved by the Department of Education through the county office of education.
(f) Physical education services, specially designed if necessary, shall be made available to every student with a disability age five through 21, including students in separate facilities.
(g) When a student with a disability transfers from one New Jersey school district to another, or from an out-of-State school district to a New Jersey school district, the child study team of the school district into which the student has transferred shall conduct an immediate review of the evaluation information and the IEP and, without delay, in consultation with the student's parents, provide a program comparable to that set forth in the student's current IEP until a new IEP is implemented, as follows:
(h) When the IEP of a student with a disability does not describe any restrictions, the student shall be included in the general education program provided by the district board of education.
(i) Each district board of education, through appropriate personnel, shall establish and implement a plan to evaluate special education programs and services according to 18A:7A-10, 11, 14, and 14.1 and this chapter.
(j) Each district board of education shall ensure that all students with disabilities have available to them the variety of educational programs and services available to nondisabled students.
(k) Prior to the implementation of the IEP, the district board of education shall provide the parent with the opportunity to observe the proposed educational placement, including the general education setting, special class programs, and out-of-district placements in a program operated by another district board of education or a private school placement.
(l) When a student with a disability receives instruction for a particular subject area in either a single-subject resource program or a special class program, the student shall receive at least the same amount of instructional time as that provided general education students for each subject area. For students in a single-subject resource program outside the general education class, the student's IEP shall specify the proportion of time in the general education classroom and the resource program for each subject area.
(m) When a student with a disability transfers from a nonpublic school with a services plan, appropriate school district staff shall conduct an immediate review of the services plan and shall provide comparable services pending completion of any necessary assessments and, as appropriate, the development of an IEP for the student. An IEP for the student shall be in place within 60 calendar days from the date of enrollment in the school district.