N.J. Admin. Code § 6A:14-4.3

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

Section 6A:14-4.3 - Program options

(a) All students shall be considered for placement in the general education class with supplementary aids and services including, but not limited to, the following:

1. Curricular or instructional modifications or specialized instructional strategies;

2. Assistive technology devices and services as defined in 6A:14-1.3;

3. Teacher aides;

4. Related services;

5. Integrated therapies;

6. Consultation services; and

7. In-class resource programs.

(b) If it is determined that a student with a disability cannot remain in the general education setting with supplementary aids and services for all or a portion of the school day, a full continuum of alternative placements as set forth in this subsection shall be available to meet the needs of the student. Alternative educational program options include placement in the following:

1. Single-subject resource programs outside the general education class;

2. A special class program in the student's school district;

3. A special education program in another school district;

4. A special education program in a county vocational school district;

5. A special education program in the following settings:

i. A county special services school district;

ii. An educational services commission;

iii. A jointure commission; and

iv. A New Jersey approved private school for students with disabilities or an out-of-State school for students with disabilities in the continental United States approved by the department of education in the state where the school is located;

6. A program operated by a department of New Jersey State government;

7. A community rehabilitation program;

8. A program in a hospital, convalescent center, or other medical institution;

9. Individual instruction at home or in other appropriate facilities, with the prior written notice to the Department of Education through the county office of education;

10. An accredited nonpublic school that is not specifically approved for the education of students with disabilities pursuant to N.J.A.C. 6A:14-6.5;

11. Instruction in other appropriate settings according to 6A:14-1.1(d); and

12. An early intervention program (which is under contract with the Department of Health) in which the child has been enrolled for the balance of the school year in which the child turns age three.

(c) The IEP team shall make an individual determination regarding the need for an extended school year program. An extended school year program provides for the extension of special education and related services beyond the regular school year. An extended school year program is provided in accordance with the student's IEP when an interruption in educational programming causes the student's performance to revert to a lower level of functioning and recoupment cannot be expected in a reasonable length of time. The IEP team shall consider all relevant factors in determining the need for an extended school year program.

1. The district board of education shall not limit extended school year services to particular categories of disability or limit the type, amount, or duration of those services.

(d) A preschool age student with a disability may be placed by the district board of education in an early childhood program operated by an agency other than a district board of education according to the following:

1. The early childhood program shall be licensed or approved by a governmental agency;

2. The district board of education shall assure that the program is nonsectarian;

3. The district board of education shall assure the student's IEP can be implemented in the early childhood program with any supplementary aids and services that are specified in the student's IEP; and

4. The special education and related services specified in the student's IEP shall be provided by appropriately certified and/or licensed personnel or by paraprofessionals according to 6A:14-3.9(a) or 4.1(e).

N.J. Admin. Code § 6A:14-4.3

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Added (b)1.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Added new (a) and recodified former (a) as (b), with substantial changes; recodified former (b) and (c) as (c) and (d), with an amendment to the first N.J.A.C. reference at new (d)4.

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