Current through Register Vol. 56, No. 6, March 18, 2024
(a) For the purposes of approval by the Department of Education, a clinic or agency shall consist of three or more professionals. Initial approval of a clinic or agency shall require, but not be limited to, submission and evaluation of the following:
1. A valid certificate of incorporation or certificate of formation. Where appropriate, any licenses or permits required by ordinances in effect within the state, county, or municipality where the clinic or agency provides its services shall be included in the submission;
2. A description of the scope and nature of services to be offered;
3. A list of professional staff who will provide services. The list shall verify each individual's certification and license, if a certification and/or license is required for the discipline in which services are being provided, and the function each individual shall fulfill;
i. Professional staff employed by a clinic or agency who work full time for a district board of education, approved private school for students with disabilities, or nonpublic school shall not provide service for the clinic or agency during the hours of the individual's public school or, as applicable, approved private school or nonpublic school employment;
ii. An employee of a district board of education, approved private school for students with disabilities, or nonpublic school shall not provide service as an employee of a clinic or agency to a student who is the responsibility of his or her employing district board of education or enrolled in his or her approved private school for students with disabilities or nonpublic school;
4. Assurance that the clinic or agency has conducted the criminal history review of each professional pursuant to N.J.S.A. 18A:6-7.1;
i. The clinic or agency shall submit to the Department of Education and maintain documentation of the information regarding the criminal history review;
5. Assurance that the facility(ies) in which the services are being provided meet applicable building and other regulatory standards;
6. Assurance of an adequate accounting system according to generally accepted accounting principles;
7. Assurance of a system for the collection, maintenance, confidentiality, and access of student records pursuant to N.J.A.C. 6A:32; and
8. Assurance of the maintenance of a log, which includes, but is not limited to:
i. Assurance of an adequate accounting system according to generally accepted accounting principles;
ii. The date, time, and location of the services provided; and
iii. The names of the professional staff providing each service.
(b) Any clinic or agency denied approval by the Department of Education may appeal the decision to the Commissioner of Education for a hearing pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The hearing shall be governed by the provisions of the Administrative Procedure Act (see N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., as implemented by N.J.A.C. 1:1).
(c) An approved clinic or agency may amend the services provided or the location of its facilities by obtaining prior written approval from the Department of Education.
1. To amend the services provided, the agency or clinic shall submit the following:
i. A revised description of the scope and nature of services to be offered;
ii. A list of professional staff who will provide the services. The list shall verify each individual's certification and license, if one is required, and the function the individual will fulfill; and
iii. Assurance that the criminal history record review has been conducted pursuant to N.J.S.A. 18A:6-7.1.
2. To amend the location of the facility(ies), the agency or clinic shall submit an assurance that the facility(ies) in which the services are to be provided meet applicable building and other regulatory standards as required at (a)5 above.
(d) When a professional staff member leaves or a new professional staff member is hired, the approved clinic or agency shall provide the Department of Education written notification within seven calendar days of the change.
(e) Failure to comply with any requirement of this section may result in the loss of approval.
