Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Pursuant to N.J.S.A. 18A:46-14, school-age students with disabilities may be
placed in accredited nonpublic schools that are not specifically approved for
the education of students with disabilities with the consent of the
Commissioner of Education, by order of a court of competent jurisdiction, or by
order of an administrative law judge as a result of a due process hearing.
Preschool-age students with disabilities may be placed in early childhood
programs operated by agencies other than a district board of education by the
district board of education pursuant to N.J. A.C. 6A:14-4.3(d) or by an
administrative law judge as a result of a due process hearing.
(b) The Commissioner's consent shall be based
upon the district board of education's certification that the following
requirements have been met:
1. The nonpublic
school is accredited. Accreditation means the on-going, on-site evaluation of a
nonpublic school by a governmental or independent educational accreditation
agency that is based upon written evaluation criteria that address educational
programs and services, school facilities, and school staff;
2. A suitable special education program
pursuant to N.J.S.A. 18A:46-14.a through h cannot be provided to the
student;
3. The most appropriate
placement for the student is this nonpublic school;
4. The program to be provided shall meet the
requirements of the student's IEP;
5. The student shall receive a program that
meets all the requirements of a thorough and efficient education as defined at
N.J.S.A. 18A:7A-5c through g. These requirements shall be met except as the
content of the program is modified by the IEP based on the educational needs of
the student. Statewide assessment and graduation requirements shall apply.
Participation in Statewide assessment and/or exemptions from graduation
requirements shall be recorded in the student's IEP pursuant to
N.J.A.C.
6A:14-3.7(e)7 and 9.
i. All personnel providing either special
education programs pursuant to
N.J.A.C.
6A:14-4.4, 4.5, 4.6, or 4.7 or related
services pursuant to
N.J.A.C.
6A:14-3.9shall hold the appropriate
educational certificate and license, if one is required, for the position in
which they function;
ii. All
personnel providing regular education programs shall either hold the
appropriate certificate for the position in which they function or shall meet
the personnel qualification standards of a recognized accrediting
agency;
iii. All substitute
teachers and aides providing special education and related services shall be
employed according to applicable rules at N.J.A.C. 6A:9B-7,
6A:32-4.2,
and this chapter;
6. The
student shall receive a comparable program to the program required to be
provided by the district board of education pursuant to N.J.S.A. 18A:35-1, 2,
3, 5, 7, and 8, 18A:40A-1, and 18A:6-2 and 3 and
N.J.A.C.
6A:8-3.1, and 6A:14-1, 2, 3, and 4. The
requirements shall be met, except as the content of the program is modified by
the IEP based on the educational needs of the student. Exemptions shall be
recorded in the student's IEP pursuant to
N.J.A.C.
6A:14-3.7(e)7 and
9;
7. The nonpublic school provides
services that are nonsectarian;
8.
The nonpublic school complies with all relevant State and Federal
antidiscrimination statutes;
9.
Written notice has been provided to the student's parent regarding this
placement. The written notice included a statement that:
i. The nonpublic school is not an approved
private school for students with disabilities and that the district board of
education assumes the ongoing monitoring responsibilities for the student's
program;
ii. No suitable special
education program could be provided to this student pursuant to
18A:46-14;
and
iii. This is the most
appropriate placement available to this student;
10. The placement is not contested by the
parents; and
11. The nonpublic
school has been provided copies of N.J.A.C. 1:6A, 6A:14, and 6A:32.
(c) In a due process
hearing, the authority of the Commissioner to consent to a placement in an
accredited nonpublic school shall be delegated to the administrative law judge
assigned to the case when:
1. The
administrative law judge makes a factual determination that the certifications
in (b) above are met; or
2. The
district board of education and the parent agree to a settlement of the matter
that would include placement under
N.J.S.A.
18A:46-14, and the administrative law judge
approves the settlement. Approval may be granted if the district board of
education makes the certifications in (b) above. A copy of the signed consent
application shall be attached to the settlement agreement and forwarded by the
district board of education to the Department of Education through the county
office of education.
(d)
The district board of education shall be responsible to monitor the student's
placement at least annually to ensure the program's compliance with the
certifications.
