N.J. Admin. Code § 6A:14-7.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:14-7.6 - Provision of programs

(a) An educational program provided under this subchapter shall conform to the requirements of N. J.A.C. 6A:14-2.8, the applicable provisions of N.J.A.C. 6A:14-4, and the student's IEP.

(b) When the parent or district board of education requests mediation or due process, the student with a disability shall remain in the current placement, according to 6A:14-2.6(d)10 or 2.7(u), as applicable.

(c) All personnel serving students with disabilities shall be appropriately certified and licensed, where a license is required, in accordance with State and Federal law.

(d) Each school shall have on staff a full-time non-teaching principal who shall be responsible for administration and supervision of the school.

1. In lieu of assigning a full-time non-teaching principal to a school, a plan to ensure adequate supervision of students and staff may be submitted to the executive county superintendent for approval;

2. If the executive county superintendent approves the plan, the school shall operate in accordance with the plan in lieu of having a full-time non-teaching principal on staff.

(e) Students with disabilities who are placed in receiving schools may be suspended for up to 10 consecutive or cumulative school days in a school year by the receiving school. Such suspensions are subject to the same district board of education as the procedures for nondisabled students as set forth at N.J.A.C. 6A:14-2.8. However, at the time of suspension, the principal of the receiving school shall provide written notification and a description of the reason(s) for the action to the district board of education's case manager.

(f) A receiving school shall not unilaterally implement disciplinary action involving removal to an interim alternative educational setting, suspension of more than 10 consecutive or cumulative school days in a school year, or termination of placement. Such disciplinary action shall be implemented in conjunction with the sending district board of education pursuant to N.J.A.C. 6A:14-2.8.

(g) Educational programs shall be open to observation at all times to representatives of the sending district board of education and of the Department of Education.

(h) With prior written approval of the Department of Education, a school described at N.J.A.C. 6A:14-7.1(a) may operate extended school year services.

(i) In accordance with N.J.A.C. 6A:32-8.3(b), a school day shall consist of not less than four hours of actual school work, which does not include nonacademic time such as lunch and recess periods. A special class program for preschoolers with disabilities operated pursuant to N.J.A.C. 6A:14-4.1 may be considered a full-day program.

(j) A provider of programs under this subchapter shall notify the Department of Education a minimum of 90 calendar days prior to ceasing operation or a change in ownership.

N.J. Admin. Code § 6A:14-7.6

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (d), inserted "consecutive or cumulative" preceding "school days"; and amended the N.J.A.C. reference in the last sentence.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.

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