N.J. Admin. Code § 6A:14-8.1

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

Section 6A:14-8.1 - General requirements

(a) Special education programs provided in State facilities shall be operated pursuant to N.J.A.C. 6A:17-3 and this chapter.

(b) Each State agency operating approved special education programs shall develop a special education plan pursuant to N.J.A.C. 6A:14-1.2. The plan also shall include:

1. A list of all State and Federal funding sources; and

2. A separate educational budget statement for each State facility.

(c) All students with disabilities shall receive an educational program and related services based on an IEP. A student who has an individualized habilitation plan or an individual treatment plan, as defined by the Department of Human Services, shall have the IEP incorporated into the plan.

(d) The length of the school day for all special education programs under this subchapter, with the exception of home instruction, shall be at least as long as that established for nondisabled students. Educational programs shall operate at least 220 days each year.

(e) Each district board of education shall provide mandated student records pursuant to N.J.A.C. 6A:32-7 to programs operated by a State agency when a student is placed in a State facility. The parent or adult student shall receive notification of the release of the records to the facility. Permitted records pursuant to N.J.A.C. 6A:32 shall be released only with consent.

(f) For a student in residence in a State facility, the district board of education shall maintain the educational records sent by the State facility pursuant to N.J.A.C. 6A:32-7.

(g) For a student in residence in a State facility, the district board of education shall facilitate the entry of the student into the district board of education program, as appropriate.

(h) When a student is placed in a State facility by a public agency other than the district board of education, the State facility shall provide a program according to the following:

1. If the student is a student with a disability, an immediate review of the classification and IEP shall be conducted and the student shall be placed in a program consistent with the goals and objectives of the current IEP.

2. If the student is not currently classified as a student with a disability, or if the State facility does not have current school records, within 30 calendar days of placement in the State facility, the State facility shall review the student's educational status and determine if referral to the child study team is required.

N.J. Admin. Code § 6A:14-8.1

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (e), deleted a reference to adult student.
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (a), amended NJAC reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (e) and (f), substituted "6A:32" for "6:3-6"; in (h)1 and (h)2, substituted "a student with a disability" for "disabled".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

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