Current through Register Vol. 56, No. 18, September 16, 2024
(a) Within
15 days of a charter school's provision of written notice to a student's
parent(s) of a proposed individualized education program (IEP) or proposed
amendment to a student's IEP that provides for the student's placement in a
private day or residential program, the charter school shall also provide to
the school district of residence of the student's parent(s) written notice of
the proposed placement.
1. The school
district of residence may immediately request a copy of the student records to
determine whether a less-restrictive program can appropriately meet the
student's educational needs. The charter school shall forward a copy of the
records without delay. In accordance with
N.J.A.C.
6A:32-7.5(e)10, the charter
school shall provide written notification to the parent(s) that a copy of the
records has been forwarded to the school district of residence.
(b) If the school district of
residence determines to challenge the placement, the school district of
residence may file, within 30 days of receiving notice of the placement, for a
due process hearing against the charter school and the student's parent(s). The
due process hearing shall be limited in scope to a determination by an
administrative law judge as to whether there is a less-restrictive placement
that will meet the student's educational needs and, if so, whether the charter
school must place the student in the program.
1. The request for a due process hearing
shall be processed in accordance with
N.J.A.C.
6A:14-2.7 and, if the parties agree,
mediation will be offered prior to transmittal of the matter to the Office of
Administrative Law for a due process hearing.
2. For purposes of administering the request
for a due process hearing, the school district of residence shall be considered
the "school district" as the term is utilized in
N.J.A.C.
6A:14-2.7 and the request shall be processed
in accordance with the regulations applicable to requests for a due process
hearing by a school district.
3.
All procedural issues that arise with respect to filings by a school district
of residence for a due process hearing in accordance with
N.J.A.C.
6A:14-2.7 shall be addressed by the
administrative law judge assigned to hear the matter.
4. If the due process petition is resolved
with a determination that the student must be placed in the less-restrictive
program sought by the school district of residence, the student shall still be
considered a student enrolled in the charter school who has been placed in the
program by the charter school. The charter school shall maintain the student's
slot in its enrollment and provide all child study team services for the
student, including the development of an IEP and the monitoring of the
implementation of the student's IEPs.
