Current through Register Vol. 56, No. 18, September 16, 2024
(a) The district
board of education of the school district of attendance shall provide, as
required by Federal law and regulation under Part B of the IDEA, a genuine
opportunity for the equitable participation of students with disabilities who
are enrolled in nonpublic schools or early childhood programs by their parents.
1. The school district of attendance shall
make the final decisions with respect to the services to be provided to
eligible students with disabilities enrolled in nonpublic schools or early
childhood programs.
(b)
The school district of attendance shall spend an amount of money equal to a
proportionate amount of Federal funds available under Part B of the IDEA for
the provision of services to students with disabilities who are attending
nonpublic schools.
(c) After timely
and meaningful consultation with representatives of nonpublic schools, the
school district of attendance shall undertake a child find process in
accordance with IDEA and its implementing regulations to determine the number
of parentally placed children with disabilities attending nonpublic schools
located within the school district.
1. As
part of the child find process, the school district of attendance shall consult
with private school representatives and representatives of parents of
parentally placed nonpublic school children with disabilities in the design and
development of special education and related services for such children.
i. After consulting with representatives of
participating private schools, the district board of education shall obtain a
signed, written affirmation that the consultation as required by IDEA,
20 U.S.C. §§
1400 et seq., and its implementing
regulations at
34 CFR
§§
300.1 et seq.
occurred.
ii. If unable to obtain
signed, written affirmation, the school district of attendance shall forward
documentation of the consultation process to the Office.
iii. Nonpublic school officials may file a
complaint with the Department of Education if they believe the consultation
process was not meaningful and timely.
(1)
The complaint shall set forth the basis for the alleged
noncompliance.
(2) The district
board of education shall provide documentation of its consultation process to
the Department within 30 days of notification of the filing of a complaint with
respect to the consultation process.
(3) The Department shall then render a
determination of whether the consultation was meaningful and, if appropriate,
order any necessary corrective action.
(4) Appeals of a Department of Education
determination with respect to the consultation process under this subsection
shall be made to the Secretary of the United States Department of Education
pursuant to procedures set forth in IDEA,
20 U.S.C. §§
1400 et seq., and its implementing
regulations at 34 CFR Part 300.
(d) Services pursuant to this section may be
provided by district board of education personnel or through contracts with
individuals or approved clinics or agencies. In addition, services provided
pursuant to this section shall be secular, neutral, and
non-ideological.
(e) The procedural
safeguards available to nonpublic school students with disabilities and their
parents as specified by Federal law and rules under Part B of the IDEA shall
apply.
1. The right to request mediation or a
due process hearing applies only to the location, identification, evaluation,
determination of eligibility, and reevaluation of students with disabilities
enrolled in nonpublic schools or early childhood programs by their
parents.
2. Disputes regarding the
provision of services to a particular nonpublic school student with a
disability shall be addressed through the complaint procedures according to
6A:14-9.2.
(f) If a nonpublic school
student with a disability will receive special education or related services
from the school district of attendance, the school district of attendance
shall:
1. Initiate and conduct meetings
pursuant to
N.J.A.C.
6A:14-2.3(k) to develop,
review, and revise a service plan for the student.
i. For services provided by the district
board of education, the service plan for a student with a disability enrolled
in a nonpublic school or early childhood program shall include the components
described at
N.J.A.C.
6A:14-3.7(e)1 through 6, 8,
14, 15, and 16. The transition requirements described at
N.J.A.C.
6A:14-3.7(e) shall be
included only when the district board of education is providing transition
services to the student; and
2. Ensure that a representative of the
nonpublic school or early childhood program attends each meeting. If the
representative of the nonpublic school cannot attend, the school district of
attendance shall use other methods to ensure participation by the nonpublic
school, including individual or conference telephone calls.
