IMPLEMENTATION OF N.J.A.C. 6A:14

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Implementation of New Jersey Administrative Code

6A:14

A Training Sponsored by New Jersey Department of EducationOffice of Special Education Programs

Fall 2006

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IMPLEMENTATION OF N.J.A.C. 6A:14

Welcome and Introductions

Purpose of Training

Agenda and Format

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SLIDE FORMAT

Reflects changes effective as of 7/1/05



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SUBCHAPTER 1.

GENERAL PROVISIONS

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SUBCHAPTER 1. GENERAL PROVISIONS

Prescription Medication School district shall not require a child to obtain a prescription as a condition of attending school, receiving an evaluation or for receiving special education and related service [1.1(i)]

Homeless Students Are located, identified, evaluated and provided services, including appointment of surrogate parent for unaccompanied homeless youths [1.2(b)4]

NIMAS/NIMAC Instructional materials will be provided to blind or print-disabled students in a timely manner [1.2(b)16]

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Division of Developmental Disabilities (DDD)

District will provide, pursuant to the Uniform Application Act,

the necessary materials to the parent to apply for such services

[1.2(b)17]

Use of electronic mail by parents[1.2(b)18]

Submission of annual data

Districts now required to submit postsecondary transition and

preschool outcomes data [1.2(e)v,vi]

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Special education parent advisory group

In place in the district to provide input to the district on issues concerning students with disabilities [1.2(h)]

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Assistive technology device

The term does not include a medical device that is surgically implanted, or the replacement of such device [Appendix F]

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SUBCHAPTER 2.

PROCEDURAL SAFEGUARDS

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SUBCHAPTER 2. PROCEDURAL SAFEGUARDS

Surrogate Parents

Must appoint a surrogate parent if there is no parent, for wards of the state, and for unaccompanied homeless youths [2.2(a)4]

Make reasonable efforts to appoint in 30 days of the determination that a surrogate parent is needed for a student [ 2.2(b)]

Judges may appoint a surrogate parent [2.2(c)]

Qualifications [2.2(e) 1-5] - Have no interest that conflicts with those of the student he/she represents

- Possess knowledge & skills that ensure adequate representation of the student - May not be replaced without cause - Be at least 18 years of age - If person serving as the surrogate parent is compensated, a criminal history review is completed [2.2(e)3]

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Parental Consent, Notice, Participation, Meetings

Consent is now required for:

- Accessing public benefits or public insurance and/or private insurance [2.3(a)5; guidance]

- Excusal of IEP team member from an IEP meeting [2.3(a)6]

- Amending an IEP without a meeting [2.3(a)7]

- Waiver of a reevaluation [2.3(a)8]

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For a ward of the State, district board of education must make reasonable efforts to obtain parental consent for an initial evaluation [2.3(b)]

-If, after reasonable efforts (a) parent cannot be found or (b) parental rights have been terminated, or subrogated for purposes for consenting to eligibility by a court and consent has been given by an individual the court has appointed, then, in either of these circumstances, parental consent need not be obtained for an initial evaluation[2.3(b)]

Reasonable efforts means that the school district must document its attempt to obtain parental consent by:

-Keeping detailed records of telephone calls made or attempted and the results of those calls;-Maintaining copies of correspondence sent to the parents and any responses received; and-Maintaining detailed records of visits made to the parent’s home or place of employment and the results of those visits [guidance]

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If a parent refuses to provide consent for an initial evaluation or reevaluation

-A school district may, but is not required to, request a due process hearing to compel consent [2.3(c)]

If a parent does not provide consent for an initial evaluation or reevaluation, the district is not in violation of its child find responsibilities or its obligation to conduct an evaluation or a reevaluation of a child who may be a child with a disability regardless of whether the district seeks a due process hearing to compel parental consent [guidance]

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For home schooled students and students placed in a private school by their parents, a school district may not file for mediation or a due process hearing to seek to compel parental consent for an initial evaluation or reevaluation if the parent fails to respond to a request for consent or refuses to provide the requested consent. Additionally, the school district is not required to consider the child as eligible for services [guidance]

School district may not file for due process to compel consent for initial implementation of services, however the district is not in violation of its responsibility to provide FAPE [2.3(c)]

Written consent may be revoked by the parent, in writing, at any time[2.3(e)]

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Copy of PRISE shall be provided only one time per year [2.3(g)7]

Except a copy shall also be provided:

- Upon referral for an initial evaluation [2.3(g)7i]

- Upon request by a parent [2.3(g)7ii]

- When a request for a due process hearing is submitted to the DOE [2.3(g)7iii]

First time a complaint investigation is filed with the State [guidance]

When a disciplinary sanction is imposed that will result in a change in placement [guidance]

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Participation - IEP team must include “not less than one” general education and special education teacher or provider [2.3(k)2]

- Must invite Part C service coordinator to the IEP meeting if the parent requests the invitation [2.3(k)2ix]

Use of audio-tape recorder - Provided notice (i.e.notification) is given to the other participants prior to the start of the meeting that such a device is being utilized [2.3(k)8]

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Excusal from an IEP Meeting - A member of the IEP team whose area is not being discussed may be excused from the IEP meeting, in whole or in part, with consent [2.3(k)9]

Excusal from an IEP Meeting - A member of the IEP team whose area is being discussed may be excused from the IEP meeting, in whole or in part, with consent from the parent

[2.3(k)10]

- Excused member shall provide written input with respect to their area of the curriculum or related service [2.3(k)10i]

- Written input is provided to parent with the notice of the IEP meeting [2.3(k)10i]

- Requests for consent for excusal of required IEP team members is included with the notice of the meeting [2.3(k)10ii]

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Protection in Evaluation Procedures

Tests and other evaluation materials are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so. [2.5(b)1ii]

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Independent Evaluations

- A school district shall first have the opportunity to conduct the requested assessment if a parent seeks an independent evaluation in an area not assessed as part of an initial evaluation or a reevaluation [2.5(c)1]

- The school district must decide whether to evaluate within 10 days of the request [2.5(c)1i]

- If the school district decides to conduct the evaluation, must complete the evaluation within 45 calendar days [2.5(c)1ii]

- The parent may still request an independent evaluation if they continue to disagree with the district’s assessment [2.5(c)iv]

- School district shall permit the independent evaluator to observe the student in the classroom or other educational setting, as applicable [2.5(c)7]

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Independent Evaluations

Parents are limited to one independent evaluation with respect to each initial evaluation or reevaluation conducted by the school with which the parent disagrees [guidance]

The parent cannot, after the request for an independent evaluation is granted (or denied by an ALJ) and the requested assessment(s) is/are provided, request and obtain another independent educational evaluation at public expense until a new evaluation is completed by the school district [guidance]

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Dispute Resolution – Mediation and Due Process

Parents and districts may file when there is a disagreement regardingidentification, evaluation, reevaluation, classification, educational

placement,or FAPE

Districts must file to deny an independent evaluation within 20 calendardays of parental request [ 2.5 (c)2ii]

“Stay put” applies to mediation only, as well as due process cases

Submit a written request that specifies: -Student’s name, address, DOB, school attending, issues and proposed resolution [2.6(d); 2.7(c)]

-Must copy other party [2.6(d); 2.7(c)]

Parents of nonpublic school students may not file for mediation or DP for issues regarding the provision of services to a student (this may be addressed through the complaint procedures in 6A:14-9.2)

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Dispute Resolution – Due Process

The party against whom a request for a due process hearing is directed must, as applicable, provide a written response specifically addressing the issue(s) raised, within 10 days of the filing of the request [2.7(d)]

Sufficiency Challenges - If the petition is insufficient, the administrative law judge (ALJ) can dismiss the case or grant permission to amend the request [2.7(f)2]

Amendment of due process petitions is allowed only with consent of the other party or by order of an ALJ [ 2.7(i)]

Decisions in due process hearings are based on a denial of FAPE or educational benefits, not procedural violations [2.7(k)1,2,3]

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Dispute Resolution – Resolution Period and Meeting

30 day resolution period when a parent files for a due process hearing: conduct a resolution meeting [2.7(h)] or mediate [2.7(h)8]

-Resolution meeting must be scheduled and held within 15 days of receiving the parent’s request, unless the parties agree to mediation in lieu of resolution [2.7(h)2] or agree in writing to waive the resolution meeting [2.7(h)9]

The resolution meeting shall include a representative of the school district who has authority to make decisions [2.7(h)1]

If settle at a resolution meeting, must develop an agreement [2.7(h)6]

-Either party can void the agreement within 3 business days [2.7(h)6i]

No attorneys at resolution meetings unless the parent has an attorney [2.7(h)1i]

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Dispute Resolution – Due Process

Emergent Relief may be requested for the following reasons: Break in service; discipline; placement pending outcome of a DP hearing; and graduation or graduation ceremonies [2.7(r)1]

Beginning 12/01/05 OSEP has allowed parties to convert requests for mediation only to one for due process – Preserves stay-put – IDEA procedures are invoked when converted

Burden of Proof is now on the party that files (Schaffer and L.E. cases)

2 Year limitations period to file [2.7(a)1]

Due Process hearings requested for Section 504 issues are not subject to resolution meetings, sufficiency challenges or amendment procedures or answers [2.7(w)]

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Discipline/Suspensions/Expulsions

School district personnel may, on a case-by-case basis, consider any unique circumstances when determining whether or not to impose a disciplinary sanction or order a change of placement for a student with a disability who violates a school code of conduct [2.8(b)]

School personnel may automatically remove a student to an Interim Alternative Educational Setting (IAES) for:

-Drugs

-Weapons

-Serious bodily injury to others (new requirement)

As of 9/05/06 removal to an interim alternative educational setting (IAES) shall be for a period of no more than 45 CALENDAR days, rather than school days [2.8(f)]

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For removals of ten (10) days or fewer • Student is subject to the same disciplinary policy as nondisabled

students [6A:14-2.8(a)]

Services must be provided within 5 school days of the removal [6A:16-7.2(a)5] • This applies to removals of at least 5 consecutive school days• Educational services are consistent with the student’s IEP

Preschool age children with disabilities cannot be removed (i.e. suspended or expelled) for disciplinary reasons [2.8(a)1]

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Manifestation Determination [Appendix A]• If behavior is a manifestation of the disability

-Must review behavior intervention plan (BIP) -If there is no BIP, conduct a functional behavioral

assessment (FBA) and develop a BIP

• If behavior is not a manifestation of the disability -As appropriate (case by case basis), review BIP -If there is no BIP, as appropriate, conduct an FBA and develop a BIP

For all students who are removed, when services are required they must be provided so the student may participate and progress in the curriculum

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SUBCHAPTER 3.

SERVICES

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SUBCHAPTER 3. SERVICES

General Requirements

Child Study Team Members

Shall perform only those functions that are within the scope of their professional license (where applicable) and certification issued by NJDOE [3.1(b)1]

May provide services to educational staff with regard to techniques and programs. Services include, but are not limited to:– Consultation with school staff and parents [3.1(d)3i]– Training of school staff [3.1(d)3ii]– Design, implementation and evaluation of techniques

addressing academic and behavioral difficulties [3.1(d)3iii]

May participate on Intervention and Referral Services (I & RS) teams pursuant to N.J.A.C.6A:16-8 [3.1(d)4]

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Location, Referral, Identification

General Education Interventions Utilize interventions in general education, as appropriate, prior to

referral [3.3(b)]

Within Abbott districts, the system of assessment and interventions within general education programs according to N.J.A.C. 6A:10A-3.1 shall be implemented for all students who have reading as their primary area of difficulty [3.3(b)1]

The staff of the general education program shall maintain written documentation, including data setting forth the type of interventions utilized, the frequency and duration of each intervention and the effectiveness of each intervention [3.3(c)]

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When it is determined through an analysis of relevant documentation and data concerning each intervention utilized that interventions in the general education program have not adequately addressed the educational difficulties and it is believed that the student may have a disability, the student shall be referred [3.3(c)1]

Referral may be made by professional staff of the district, parents, and State agency employees [3.3(a)3ii]

Identification Meeting When a student is referred, it may be determined at the 20 day

meeting that an evaluation is not warranted and other appropriate action may be implemented [3.3(e)]

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Early Intervention to Preschool – Transition Planning Conference

A CST member must participate and shall:– Review the Individualized Family Service Plan (IFSP) [3.3(e)1i]

– Provide the parents written district registration requirements [3.3(e)1ii]

– Provide the parents written information on available district programs for preschool students, including options available for placement in general education classrooms [3.3(e)1iii]

– Provide the parents a form to request that the district board of education invite the Part C service coordinator from the Early Intervention System to the initial IEP meeting for a child after a determination of eligibility [3.3(e)iv]

– Submit the form to request that the district board of education invite the Part C service coordinator with the request for the initial evaluation [3.3(e)3i]

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SUBCHAPTER 3. SERVICESEvaluation

Consent A district may file for Due Process to compel consent to evaluate [3.4(c)]

- However, district board of education shall not be determined in violation of its child-find obligation or evaluation obligation

Screening Screening a student to determine educational strategies does not constitute an

evaluation for the purpose of eligibility [3.4(d)]

Timeline Repeated failure to produce the student for an evaluation negates the time

period to complete the evaluation [3.4(e)1]

Time to complete an evaluation may be extended by agreement of the parent and school district if the student transfers to a new school district during the evaluation process [3.4(e)2]

Initial evaluation Evaluate in the language or form most likely to yield accurate information

[3.4(f)1]

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Evaluation

Initial evaluation

• Shall include at least two assessments [3.4(f)]

• Shall be conducted by at least two members of the child study team in those areas in which they have appropriate training or are qualified through their professional licensure or educational certification and other specialists in the area of disability as required or determined necessary [3.4(f)]

• Shall include a functional assessment of academic performance and, where appropriate, a functional behavioral assessment, an assessment of the language needs of a child with limited English proficiency, assessment of the student’s communication needs, and assessment of the need for assistive technology devices and services [3.4(f)4]

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Evaluation Reports and Documentation

The district is required to give the parent not less than 10 calendar days prior to the eligibility meeting, a copy of the evaluation report(s) and other information that will be used to determine whether a student is eligible for speech-language services or continues to be eligible for special education and related services. [3.5(a); 3.6(c); 3.8(f)1]

The term “documentation of eligibility” refers to documents that will be utilized by the team at the eligibility meeting to make a determination about eligibility. [guidance]

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Initial Evaluation

For a preschool age child

• If it is determined that a speech-language assessment will be conducted, it may be utilized as one of the two required assessments [3.3(e)3i]

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Evaluation

Outside Reports

• Each report shall be reviewed and considered by the CST member or related service provider with relevant knowledge or expertise [3.4(i)]

• May utilize a report or component as a required assessment if it was conducted within one year and it meets the regulatory requirements [3.4(i)]

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Eligibility

Not eligible if the determinant factor is due to lack of instruction in reading, including the essential components of reading instruction, or math or due to limited English proficiency [3.5(b)]

Eligibility Categories

Fourteen (14) eligibility categories– Deaf/blindness is a category [3.5(c)7]

Clarified definition of “Multiply disabled” [3.5(c)6]

Clarified definition of “Preschool child with a disability” [3.5(c)10]

Added response to scientifically based interventions (RTI) as a method for determining eligibility under the category of “Specific learning disability”

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Eligibility

SLD

• Can be determined when a severe discrepancy is found between the student’s current achievement and intellectual ability in one or more of the areas listed in 3.5(c)12 including:–Mathematical calculation–Mathematical problem solving–Reading fluency

May also be determined by utilizing a response to scientifically based interventions (RTI) methodology [3.5(c)12ii]

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SLD and RTI

• When using RTI to make the determination of whether the student has a specific learning disability, the district shall:

– Ensure that such methodology includes scientifically based Instruction by highly qualified instructors [3.4(h)6i]

– Ensure that multiple assessments of student progress are included in the evaluation [3.4(h)6i]

– Ensure that documentation of eligibility includes, but is not limited to, the instructional strategies utilized and the student-centered data collected [3.4(h)4ix]

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IEP

Informed of Responsibilities District board of education shall maintain documentation that the

teacher and provider, as applicable, have been informed of his/her specific responsibilities related to implementing the student’s IEP [3.7(a)3]

Consider needs of the student When developing the IEP, the IEP team shall consider the

academic, developmental and functional needs of the student [3.7(c)2]

Review the preschool day When developing the IEP, the IEP team shall review the preschool

day to determine what accommodations and modifications may be required to allow the child to participate in the general education classroom and activities [3.7(c)11]

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IEP

Amending Without a Meeting

•The IEP may be amended without a meeting of the IEP team as follows:

-If the parent makes a written request and the district agrees [3.7(d)1]

-If the school district provides the parent a written proposal to amend the IEP and, within 15 days, the parent consents in writing to the proposed amendment [3.7(d)2]

•All amendments shall be incorporated in an amended IEP or an addendum to the IEP and parents are provided a copy of the amended IEP or addendum within 15 days of receipt of parental consent [3.7(d)3]

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IEP

Amending Without a Meeting (Continued)

IEP team members must be informed of the changes to the IEP [guidance]

All teachers and providers whose duties are altered by an amendment of an IEP must be informed of their new responsibilities for implementation of the IEP [guidance]

Such amendment shall not affect the requirement that the IEP team review the IEP at a meeting annually, or more often if necessary

[3.7(d)4]

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IEP

Required components Present levels of academic achievement and functional performance

[3.7(e)1]

Detailed measurable annual academic and functional goals [3.7(e)2]

Such special education and related services shall be based, to the extent practicable, on peer reviewed research [3.7(e)4]

Transition will remain at age 14 [3.7(e)11]

At age 16, measurable postsecondary goals related to training, education, employment and independent living [3.7(e)12]

Address participation in extracurricular and nonacademic activities for students in out-of-district placements [3.7(e)17]

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IEP

Required components

– A statement, as appropriate, of any integrated therapy services to be provided addressing the student’s individualized needs in his or her educational setting [3.7(e)5]

– For students in an out-of-district placement, set forth how the student will participate with nondisabled peers in extracurricular and nonacademic activities and delineate the means to achieve such participation, including, if necessary, returning the student to the district in order to receive them [3.7(e)17]

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IEP

Copy or written notes

• Provide either a copy of the IEP or written notes setting forth agreement with respect to the IEP as determined by the IEP team at the conclusion of the IEP meeting [3.7(l)]

Annual Review

Students in a separate setting

• For those students in a separate setting, the IEP team shall, on an annual basis, consider activities necessary to transition the student to a less restrictive placement [3.7(k)]

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Reevaluation

Frequency No more than one reevaluation per year unless the parent and district

agree to conduct one sooner [3.8(a)]

Waiving Reevaluation may be waived with parental consent [3.8(a)1] except for

reevaluation of preschoolers to determine school age eligibility [3.8(g)] and when a change in eligibility is being considered (e.g. declassification) [3.8(d)]

Date of the parent’s written consent constitutes the date upon which the next three year period for conducting a reevaluation shall commence [3.8(a)1]

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Reevaluation

Timeframe• Unless the parent and the district board of education agree to waive

a reevaluation, the reevaluation shall be completed within 60 [calendar] days of the date the parent provides consent for the assessment to be conducted [3.8(e)]

or

• By the expiration of the three year timeframe from completion of the prior evaluation or reevaluation, whichever occurs sooner [3.8(e)]

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Related Services

Additional services [3.9(a)] School nurse services Recreation Social work services Medical Services

Nursing services Provided only to the extent such services are designed to enable a

child with a disability to receive a free, appropriate public education as described in the IEP [3.9(a)8]

Medical services Provided for diagnostic and evaluation purposes only [3.9(a)9]

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Related Services

Therapy services May be integrated into the context of ongoing activities or routines

[3.9(a)10]

Specialists in Behavior Modification or Other Disciplines for

Which There is No License or Certification Specialists in behavior modification or other disciplines for which there

is no license or certification shall hold, at a minimum, a bachelors degree in education, psychology or a related field…and shall work under the supervision of certified district board of education personnel [3.9(a)11; 5.1(c)1iii(3)]

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Related Services

Specialists in Behavior Modification or Other Disciplines for Which There is No License or Certification

Regulation permits persons who fall within the scope of the regulation to provide services by developing the program and, when appropriate, implementing such programs either on their own or by supervising aides and other persons who will work with the student in accordance with the plan developed by the specialist [guidance]

The specialist and all staff working with the specialist to implement programs must be supervised by appropriate school district staff in accordance with the provisions of the regulation [guidance]

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SUBCHAPTER 4.

PROGRAMS & INSTRUCTION

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SUBCHAPTER 4. PROGRAMS & INSTRUCTION

Transfer students – Public School Students

In-state transfer [4.1(g)1] -Conduct an immediate review and provide a comparable program -District can accept or reject the current IEP -If reject, do any necessary assessments and develop and

implement a new IEP within 30 days of enrollment

Out-of-state transfer [4.1(g)2] -Conduct an immediate review and provide a comparable program -Must determine if an evaluation is needed, based on existing

information -If an evaluation is needed, obtain parental consent and conduct the

evaluation -Develop a new IEP and implement the new IEP within 30 days of

enrollment

Former district must take reasonable steps to transfer records to the new district [4.1(g)3]

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Transfer Students – Nonpublic School Students

- Conduct an immediate review of the services plan

[4.1(m]

- Provide comparable services pending completion of

any necessary assessments [4.1(m)]

- As appropriate, develop an IEP within 60 calendar days from

the date of enrollment in the district [4.1(m)]

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Placement in the Least Restrictive Environment

For a student in a separate setting, activities necessary to transition the student to a less restrictive placement are considered annually [4.2(a)4]

A student with a disability is not removed from the age-appropriate general education classroom solely based on needed modifications to the general education curriculum [4.2(a)9]

Placement in a program option is based on the individual needs of the student [4.2(a)10]

When determining the restrictiveness of a particular program option, such determinations are based solely on the amount of time a student with disabilities is educated outside the general education setting 4.2(a)11]

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Program Options

All students shall be considered for placement in the general education class with supplementary aids and services including, but not limited to, the following:– Curricular or instructional modifications or specialized instructional

strategies– Assistive technology devices and services– Teacher aides– Related services– Integrated therapies– Consultation services– In-class resource programs [4.3(a)1-7]

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Program Criteria: Supplementary Aids & Services

Provided in the general education classroom to enable students with disabilities to be educated to the maximum extent appropriate with nondisabled peers [4.5(a)]

A teacher aide may provide supplementary support to a student or students in areas including, but not limited to:

- Prompting, cueing and redirecting student participation

- Reinforcing of personal, social, behavioral, and academic learning goals

- Organizing and managing materials and activities

- Implementing teacher-directed follow-up and practice activities [4.5(b)]

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Program Criteria: Supplementary Aids & Services(Continued)

A teacher aide and the appropriate general or special education teaching staff shall be provided time for consultation on a regular basis, which shall be set forth in policies adopted by the district board of education [4.5(d)]

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Program Criteria: Supplementary Aids & Services (Continued) Consultation as a service

– May be provided on behalf of a student with disabilities or a group of students with disabilities [4.6(e)]

– May be provided by a related services provider, a teacher of students with disabilities or a child study team member to the general education teacher

and/or the teacher aide [4.6(e)]

– Specified in each student’s IEP, including frequency and duration [4.6(e)]

– Consultation may include, but is not limited to:

-The development and demonstration of techniques and strategies

-Data collection on the effectiveness of the techniques and strategies

-Development of positive behavioral supports [4.5(e)1,2,3]

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Program Criteria: Supplementary Instruction

– Provided in addition to the primary instruction for the subject being taught [4.6(a)]

– Program of instruction shall be specified in the IEP [4.6(a)]

– Provided individually or in groups [4.6(b)]

– Teacher (general education) shall be appropriately certified either for the subject or level in which instruction is given [4.6(c)]

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Supplementary Instruction (continued)

• In-Class– Instruction provided for a single subject [4.6(b)]– May be provided up to the student’s entire instructional day

[4.6(h)]– Student shall be included in activities such as group

discussion, special projects, field trips and other general education class activities as deemed appropriate in the student’s IEP [4.6(i)]

• Pull-out– Instruction may be provided in more than one subject [4.6(b)]

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In-Class Resource Programs

• Provided by an appropriately certified teacher of students with disabilities [4.6(d)]

• Provided in the general education class [4.6(e)] at the same time as the rest of the class [4.6(i)]

• Can be provided up to the student’s entire instructional day [4.6(h)]

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In-Class Resource Programs

• General education teacher has primary instructional responsibility unless otherwise specified in the student’s IEP [4.6(i)]

• Student shall be included in activities such as group discussion, special projects, field trips and other general education class activities as deemed appropriate in the student’s IEP [4.6(i)]

• In-class resource teachers may provide support and replacement instruction at the same time in accordance with the group size limits specified in 4.6(m):

Preschool/Elementary Secondary

8 10

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Pull-Out Replacement Resource Programs


• General education curriculum may be modified based on the student’s IEP [4.6(j)]

• The resource program teacher shall have primary instructional responsibility and shall consult with the general classroom teacher as appropriate [4.6(j)]

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Pull-Out Replacement Resource Programs (continued)

• When a student with a disability receives instruction for a particular subject area either in a single subject resource program or a special class program, the student shall receive at least the same amount of instructional time as that provided general education students for each subject area – as of 7/1/07 [4.1(l)]

• For students in a single-subject resource program outside the general education class, the IEP shall specify the proportion of time in the general education classroom and the resource program for each subject area – as of 7/1/07 [4.1(l)]

• At the elementary level -Up to no more than 3 subject areas per day [4.6(h)]

• At the secondary level -Up to the entire instructional day [4.6(h)]

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Pull-out Support Resource Programs


• Pull-out support and pull-replacement shall not be provided by the same teacher at the same time [4.6(e)]

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SUBCHAPTER 4. PROGRAMS & INSTRUCTION Special Class Programs

• Shall serve students who have similar intensive educational, behavioral and other needs related to their disabilities in accordance with their IEPs [4.7(a)]

• Placement in a special class program shall occur when the IEP team determines that the nature and severity of the student’s disability is such that no other school-based program will meet the student’s needs [4.7(a)]

• When a student with a disability receives instruction for a particular subject area either in a single subject resource program or a special class program, the student shall receive at least the same amount of instructional time as that provided general education students for each subject area – as of 7/1/07 [4.1(l)]

• When determining whether a classroom aide is required, students with a personal aide shall not be included in the student count[4.7(e)]

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AGE SPAN REQUIREMENTS

2006-2007 2007-2008 2008-2009

Single subject pull-out resource programs

[4.6(k)]

Elementary 4

Secondary 4

Elementary 3

Secondary 4

Elementary 3

Secondary 4

Multiple subject pull-out replacement resource programs

Elementary 4

Secondary 4

Elementary 3

Secondary 4

Shall no longer be operated

Special class programs

[4.7(a)2]

Elementary 4

Secondary 4

Elementary 3

Secondary 4

Elementary 3

Secondary 4

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Home Instruction Provided by appropriately certified teacher of students with disabilities or for the

subject or level in which instruction is given [4.8(a)3]

Home instruction due to illness is included in N.J.A.C. 6A:16

Must keep a written record, including dates and times during which home instruction is provided [4.8(a)3)]

Provided in a location conducive to learning, considering the disability and circumstances of the student [4.8(a)5]

Parent shall be consulted in determining the appropriate location [4.8(a)5]

If the student is repeatedly not made available by the parent, consider whether the student is truant in accordance with N.J.S.A. 18A:38-27 [4.8(a)6]

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Statewide Assessment If a student is participating in the SRA as determined by the IEP

team, the student shall not be required to again participate in the HSPA and pass that assessment [4.10(a)3]

Graduation Summary of Performance (SOP) is required when a student

graduates or exceeds the age of eligibility [4.11(b)4] SOP should include a written summary of academic

achievement and functional performance prior to the date of the student’s graduation or the conclusion of the school year in which the student exceeds the age of eligibility [4.11(b)4]

Summary shall include recommendations to assist the child in meeting his/her postsecondary goals [4.11(b)4]

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Graduation (continued) If the school the student is attending declines to issue a diploma to

the student, the district of residence shall issue a diploma if the student has satisfied all state and local graduation requirements, as specified in the student’s IEP [4.11(c)1]

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This concludes our presentation.

Thank you for your attendance.

We hope you found the session informative.

IMPLEMENTATION OF N.J.A.C. 6A:14

Documents

district board of education

homeless students

changes effective

iep meeting

h implementation of

unaccompanied homeless

special education programsfall

reasonable efforts