N.J. Admin. Code § 6A:31-4.6

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

Section 6A:31-4.6 - Procedures for private school placements

(a) Within 15 days of the renaissance school project's provision of written notice to a student's parent (s) or guardian(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 renaissance school project shall also provide the student's resident school district with written notice of the proposed placement.

1. The resident school district may immediately request a copy of the student's records to determine whether a less-restrictive program can appropriately meet the student's educational needs. The renaissance school project shall forward a copy of the records without delay. In accordance with N.J.A.C. 6A:32-7.5(e)10, the renaissance school project shall provide written notification to the parent(s) or guardians(s) that a copy of the records has been forwarded to the resident school district.

(b) Within 30 days of receiving notice of a student's private day or residential placement, a resident school district may challenge the placement by filing a request for a due process hearing against the renaissance school project and the student's parent(s) or guardian(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 can meet the student's educational needs and, if so, whether the renaissance school project must place the student in such 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 resident school district shall be considered the "district board of education" as utilized at N.J.A.C. 6A:14-2.7. The request shall be processed in accordance with the rules applicable to requests for a due process hearing by a district board of education.

3. All procedural issues that arise with respect to filings by a resident school district for a due process hearing in accordance with N.J.A.C. 6A:14-2.7shall be addressed by the administrative law judge assigned to hear the matter.

4. If the due process petition is resolved with a determination the student must be placed in the less-restrictive program sought by the resident school district, the student shall still be considered a student enrolled in the renaissance school project who has been placed in the less-restrictive program by the renaissance school project. The renaissance school project shall provide all child study team services for the student, including IEP development and monitoring of its implementation, and shall allow the student to return if the IEP team deems it appropriate.

N.J. Admin. Code § 6A:31-4.6

Adopted by 54 N.J.R. 40(c), effective 1/3/2022