Current through Register Vol. 56, No. 6, March 18, 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.
