N.J. Admin. Code § 6A:14-3.9

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:14-3.9 - Related services

(a) Related services, including, but not limited to, counseling, occupational therapy, physical therapy, school nurse services, recreation, social work services, medical services, and speech-language services, shall be provided to a student with a disability when required for the student to benefit from the educational program. Related services shall be provided by appropriately certified and/or licensed professionals, as specified in the student's IEP and according to the following:

1. Counseling services that are provided by school district personnel shall be provided by certified school psychologists, social workers, or guidance counselors.

2. Counseling and/or training services for parents shall be provided to assist them in understanding the special educational needs of their child.

3. Speech and language services may be provided as a related service to a student who is classified as "eligible for special education and related services." Assessment by a speech-language specialist is required. The student shall meet the eligibility criteria for the classification of "eligible for speech-language services" but shall not be classified as such.

4. Occupational therapy and physical therapy may be provided by therapy assistants under the supervision of the certified and, where required, licensed therapist in accordance with all applicable State statutes and rules.

i. Prior to the provision of occupational therapy, assessment by a certified (and, where required, licensed) occupational therapist and development of an IEP are required.

ii. Prior to the provision of physical therapy, assessment by a certified and licensed physical therapist and development of an IEP are required.

5. A district board of education or approved private school for students with disabilities may contract for the provision of speech-language services, counseling services, occupational therapy, and/or physical therapy in accordance with N.J.A.C. 6A:14-5.

6. Recreation shall be provided by certified school personnel.

7. Transportation shall be provided in accordance with N.J.A.C. 6A:27-5.

8. Nursing services shall be provided as a related service 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 student's IEP.

9. Medical services shall be provided as a related service for diagnostic and evaluation purposes only.

10. Therapy services may be integrated into the context of ongoing activities or routines and provided by personnel as set forth in the student's IEP.

11. When related services are provided by non-certified personnel because there is no certification required, such services shall be provided under the supervision of certified district board of education personnel.

12. Other related services shall be provided as specified in the student's IEP.

(b) School personnel may give advice to parents regarding additional services that are not required by this chapter. Such advice places no obligation on the district board of education to provide or fund such services.

(c) Related services required by the student's IEP may be provided through virtual instruction, as appropriate, and pursuant to the following conditions:

1. The student is confined to the home or another out-of-school setting due to a temporary or chronic health condition or a need for treatment that precludes participation in the student's usual educational setting, pursuant to N.J.A.C. 6A:16-10.

i. To request virtual related services due to a temporary or chronic health condition, the parent shall submit to the school district a request that includes a written order from the student's physician verifying the projected need for confinement at the student's residence or other treatment setting for more than 10 consecutive school days or 20 cumulative school days during the school year.

ii. The school district shall forward the written determination to the school physician, who shall verify the student's need for virtual related services. The school physician may contact the student's physician to secure additional information concerning the student's diagnosis or need for treatment and shall either verify the need for virtual related services or shall provide to the district board of education the reason(s) for denial.

iii. The school district shall notify the parent concerning the school physician's verification or reason(s) for denial within five school days after the school district's receipt of the written determination by the student's physician.

iv. The IEP team shall meet to determine, for each related service required by the IEP, whether the related service will be provided virtually or in-person. The school district shall provide the student with virtual related services within five school days after the school district's receipt of the school physician's verification o r, if verification is made prior to the student's confinement, during the first week of the student's confinement to the home or another out-of-school setting.

v. The school district shall be responsible for the costs of providing virtual related services, either directly or through a contract with another district board of education, educational services commission, jointure commission, or approved clinic or agency. The costs shall include the cost of any needed equipment.

vi. When the provision of home or out-of-school instruction exceeds 30 consecutive days in a school year, the IEP team shall convene a meeting to review the continued need for virtual related services and, if appropriate, revise the student's IEP.

2. A school building or school district is closed pursuant to N.J.S.A. 18A:7F-9.b or c and the school district has implemented its program of virtual or remote instruction pursuant to N.J.A.C. 6A:32-13; or

3. The appropriate local health agency or officer or the student's physician determines that the student requires a mandatory period of isolation/quarantine for at least five days because the student's presence in school may jeopardize the health of others because the student has contracted a communicable disease or has been exposed to a communicable disease.

i. The IEP team shall meet to determine, for each related service required by the IEP, whether the related service will be provided virtually or in-person.

N.J. Admin. Code § 6A:14-3.9

Modified by Executive Order No. 103(2020) 52 N.J.R. 976(a), effective 4/1/2020

Amended by 52 N.J.R. 1822(b), effective 10/5/2020

Amended by 56 N.J.R. 1022(a), effective 6/3/2024