N.J. Admin. Code § 6A:23A-15.4

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

Section 6A:23A-15.4 - Procedures for private school placements by charter schools

(a) Within 15 days of a charter school's provision of written notice to a student's parent(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 charter school shall also provide to the district of residence of the student's parent(s) written notice of the proposed placement.

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

(b) If the district of residence determines to challenge the placement, the district of residence may file, within 30 days of receiving notice of the placement, for a due process hearing against the charter school and the student's parent(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 will meet the student's educational needs and, if so, whether the charter school must place the student in the 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 district of residence shall be considered the "school district" as the term is utilized at N.J.A.C. 6A:14-2.7 and the request shall be processed in accordance with the regulations applicable to requests for a due process hearing by a school district.

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

4. If the due process petition is resolved with a determination that the student must be placed in the less-restrictive program sought by the district of residence, the student shall still be considered a student enrolled in the charter school who has been placed in the program by the charter school. The charter school shall maintain the student's slot in its enrollment and provide all child study team services for the student, including the development of an IEP and the monitoring of the implementation of the student's IEPs.

N.J. Admin. Code § 6A:23A-15.4

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Amended by 56 N.J.R. 2141(a), effective 11/4/2024