Current through Register Vol. 56, No. 18, September 16, 2024
(a) Student
placement in an alternative education program, pursuant to
6A:16-1.3 and 9.1(a) and (b),
shall be made as follows:
1. For the general
education student, the district board of education shall make a determination
of the student's risk for school failure and a decision regarding the student's
placement in an alternative education program, at a minimum, based on the
following:
i. The review of the student's
academic, health and behavioral records, including the student's IPP, if one
has been developed in accordance with
6A:16-9.2(a)3 i
through v, and the results of available testing, assessment or evaluation of
the student;
ii. Consultation with
and notice to the student's parent; and
iii. Information provided by the school-based
multidisciplinary team responsible to provide intervention and referral
services, pursuant to N.J.A.C. 6A:16-8, or other multidisciplinary team, as
appropriate.
2.
Decisions regarding the placement of the student with a disability in an
alternative education program, pursuant to
6A:16-9.1(a) and
(b), shall be based on the recommendation of
appropriate personnel in accordance with N.J.A.C. 6A:14.
3. The district board of education shall
provide mandatory placement for a student in an alternative education program
for removal due to a firearms offense, pursuant to
6A:16-5.5 or an assault with
weapons offense, pursuant to
6A:16-5.6.
i. If placement in an alternative education
program, pursuant to
6A:16-9.1(a) or
(b), is not available in the instance of a
mandatory student placement, the student shall be provided home or
out-of-school instruction, pursuant to N.J.A.C. 6A:16-10, until placement in an
alternative education program is available.
ii. For the student with a disability,
placement in an alternative education program for a firearm offense or an
assault with a weapon offense shall occur only upon a determination by
appropriate school personnel to place the student in accordance with the
provisions of N.J.A.C. 6A:14, Special Education Programs and the Individuals
with Disabilities Act of 2004,
20 U.S.C. §§
1400 et seq.
(b) If a district board of education places a
student in an alternative education program approved by another district board
of education, pursuant to
6A:16-9.1(a)1, or
another approved agency, pursuant to
6A:16-9.1(b), the
district board of education of the sending school district shall be responsible
for ensuring compliance with the requirements of this subchapter.
(c) Decisions regarding continued placement
in an alternative education program or a change to a student's placement shall
be made as follows:
1. For the general
education student returning to the general education program, the continued
placement decision shall be made in accordance with
6A:16-9.2(a)11,
as appropriate, and (a)1 above.
2.
For a student with disabilities, the continued placement decision shall be made
in accordance with
6A:16-9.2(a)11,
as appropriate, (a)2 above, and N.J.A.C. 6A:14, Special Education.
