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Implementation of New Jersey Administrative Code 6A:14 A Training Sponsored by New Jersey Department of Education Office of Special Education Programs Fall 2006

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Title: Implementation of New Jersey Administrative Code 6A:14 A Training Sponsored by New Jersey Department of Education Office of Special Education Programs Fall 2006


1
Implementation of New Jersey
Administrative Code6A14A Training Sponsored
by New Jersey Department of EducationOffice of
Special Education ProgramsFall 2006
2
IMPLEMENTATION OF N.J.A.C. 6A14
  • Welcome and Introductions
  • Purpose of Training
  • Agenda and Format

3
  • IMPLEMENTATION OF N.J.A.C. 6A14
  • SLIDE FORMAT
  • Reflects changes effective as of 7/1/05
  • Reflects changes effective as of 9/5/06
  • Reflects changes effective as of 10/13/06

4
IMPLEMENTATION OF N.J.A.C. 6A14
  • SUBCHAPTER 1.
  • GENERAL PROVISIONS

5
  • IMPLEMENTATION OF N.J.A.C. 6A14
  • SUBCHAPTER 1. GENERAL PROVISIONS
  • Prescription Medication
  • School district shall not require a child to
    obtain a prescription as a
  • condition of attending school, receiving an
    evaluation or for receiving
  • special education and related service
    1.1(i)
  • Homeless Students
  • Are located, identified, evaluated and
    provided services, including
  • appointment of surrogate parent for
    unaccompanied homeless
  • youths 1.2(b)4
  • NIMAS/NIMAC
  • Instructional materials will be provided to
    blind or print-disabled
  • students in a timely manner 1.2(b)16

6
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 1.
GENERAL PROVISIONS
  • Division of Developmental Disabilities (DDD)
  • District will provide, pursuant to the
    Uniform Application Act,
  • the necessary materials to the parent to
    apply for such services
  • 1.2(b)17
  • Use of electronic mail by parents1.2(b)18
  • Submission of annual data
  • Districts now required to submit
    postsecondary transition and
  • preschool outcomes data 1.2(e)v,vi

7
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 1.
GENERAL PROVISIONS
  • Special education parent advisory group
  • In place in the district to provide input to
    the district on issues concerning students with
    disabilities 1.2(h)

8
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 1.
GENERAL PROVISIONS
  • Assistive technology device
  • The term does not include a medical device
    that is surgically implanted, or the replacement
    of such device Appendix F

9
IMPLEMENTATION OF N.J.A.C. 6A14
  • SUBCHAPTER 2.
  • PROCEDURAL SAFEGUARDS

10
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Surrogate Parents
  • Must appoint a surrogate parent if there is no
    parent, for wards of the state,
  • and for unaccompanied homeless youths
    2.2(a)4
  • Make reasonable efforts to appoint in 30 days
    of the determination that
  • a surrogate parent is needed for a student
    2.2(b)
  • Judges may appoint a surrogate parent 2.2(c)
  • Qualifications 2.2(e) 1-5
  • - Have no interest that conflicts with those
    of the student he/she represents
  • - Possess knowledge skills that ensure
    adequate representation of the student
  • - May not be replaced without cause
  • - Be at least 18 years of age
  • - If person serving as the surrogate parent
    is compensated, a criminal history
  • review is completed 2.2(e)3

11
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER
2. PROCEDURAL SAFEGUARDS
  • Parental Consent, Notice, Participation, Meetings
  • Consent is now required for
  • - Accessing public benefits or public
    insurance and/or private
  • insurance 2.3(a)5 guidance
  • - Excusal of IEP team member from an IEP
    meeting 2.3(a)6
  • - Amending an IEP without a meeting 2.3(a)7
  • - Waiver of a reevaluation 2.3(a)8

12
IMPLEMENTATION OF N.J.A.C. 6A14 SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Parental Consent, Notice, Participation, Meetings
  • For a ward of the State, district board of
    education must make reasonable efforts to obtain
    parental consent for an initial evaluation
    2.3(b)
  • -If, after reasonable efforts (a) parent
    cannot be found or (b) parental rights have been
    terminated, or subrogated for purposes for
    consenting to eligibility by a court and consent
    has been given by an individual the court has
    appointed, then, in either of these
    circumstances, parental consent need not be
    obtained for an initial evaluation2.3(b)
  • Reasonable efforts means that the school district
    must document its attempt to obtain parental
    consent by
  • -Keeping detailed records of telephone calls
    made or attempted and
  • the results of those calls
  • -Maintaining copies of correspondence sent to the
    parents and any
  • responses received and
  • -Maintaining detailed records of visits made to
    the parents home or
  • place of employment and the results of those
    visits guidance

13
IMPLEMENTATION OF N.J.A.C. 6A14 SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Parental Consent, Notice, Participation, Meetings
  • If a parent refuses to provide consent for an
    initial evaluation or reevaluation
  • -A school district may, but is not required
    to, request a due process hearing to compel
    consent 2.3(c)
  • If a parent does not provide consent for an
    initial evaluation or reevaluation, the district
    is not in violation of its child find
    responsibilities or its obligation to conduct an
    evaluation or a reevaluation of a child who may
    be a child with a disability regardless of
    whether the district seeks a due process hearing
    to compel parental consent guidance

14
IMPLEMENTATION OF N.J.A.C. 6A14 SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Parental Consent, Notice, Participation, Meetings
  • For home schooled students and students placed in
    a private school by their parents, a school
    district may not file for mediation or a due
    process hearing to seek to compel parental
    consent for an initial evaluation or reevaluation
    if the parent fails to respond to a request for
    consent or refuses to provide the requested
    consent. Additionally, the school district is not
    required to consider the child as eligible for
    services guidance
  • School district may not file for due process to
    compel consent for initial implementation of
    services, however the district is not in
    violation of its responsibility to provide FAPE
    2.3(c)
  • Written consent may be revoked by the parent, in
    writing, at any time2.3(e)

15
IMPLEMENTATION OF N.J.A.C. 6A14 SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Parental Consent, Notice, Participation, Meetings
  • Copy of PRISE shall be provided only one time per
    year 2.3(g)7
  • Except a copy shall also be provided
  • - Upon referral for an initial evaluation
    2.3(g)7i
  • - Upon request by a parent 2.3(g)7ii
  • - When a request for a due process
    hearing is submitted to the
  • DOE 2.3(g)7iii
  • First time a complaint investigation is filed
    with the State guidance
  • When a disciplinary sanction is imposed that will
    result in a change in placement guidance

16
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Parental Consent, Notice, Participation, Meetings
  • Participation
  • - IEP team must include not less than one
    general education and
  • special education teacher or provider
    2.3(k)2
  • - Must invite Part C service coordinator to
    the IEP meeting if the parent
  • requests the invitation 2.3(k)2ix
  • Use of audio-tape recorder
  • - Provided notice (i.e.notification) is
    given to the other participants prior
  • to the start of the meeting that such a
    device is being utilized 2.3(k)8

17
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Parental Consent, Notice, Participation, Meetings
  • Excusal from an IEP Meeting
  • - A member of the IEP team whose area is not
    being discussed
  • may be excused from the IEP meeting, in
    whole or in part, with consent 2.3(k)9
  • Excusal from an IEP Meeting
  • - A member of the IEP team whose area is
    being discussed may be
  • excused from the IEP meeting, in whole or
    in part, with consent from the parent 2.3(k)10
  • - Excused member shall provide written input
    with respect to their area
  • of the curriculum or related service
    2.3(k)10i
  • - Written input is provided to parent with
    the notice of the IEP meeting
  • 2.3(k)10i
  • - Requests for consent for excusal of
    required IEP team members is included
  • with the notice of the meeting
    2.3(k)10ii

18
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Protection in Evaluation Procedures
  • Tests and other evaluation materials are provided
    and administered in the language and form most
    likely to yield accurate information on what the
    child knows and can do academically,
    developmentally, and functionally, unless it is
    clearly not feasible to do so. 2.5(b)1ii

19
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Independent Evaluations
  • - A school district shall first have the
    opportunity to conduct the requested
  • assessment if a parent seeks an
    independent evaluation in an area not
  • assessed as part of an initial
    evaluation or a reevaluation 2.5(c)1
  • - The school district must decide whether
    to evaluate within 10 days of the
  • request 2.5(c)1i
  • - If the school district decides to
    conduct the evaluation, must complete the
  • evaluation within 45 calendar days
    2.5(c)1ii
  • - The parent may still request an independent
    evaluation if they continue to
  • disagree with the districts assessment
    2.5(c)iv
  • - School district shall permit the
    independent evaluator to observe the student
  • in the classroom or other educational
    setting, as applicable 2.5(c)7

20
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Independent Evaluations
  • Parents are limited to one independent evaluation
    with respect to each initial evaluation or
    reevaluation conducted by the school with which
    the parent disagrees guidance
  • The parent cannot, after the request for an
    independent evaluation is granted (or denied by
    an ALJ) and the requested assessment(s) is/are
    provided, request and obtain another independent
    educational evaluation at public expense until a
    new evaluation is completed by the school
    district guidance

21
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Dispute Resolution Mediation and Due Process
  • Parents and districts may file when there is a
    disagreement regarding
  • identification, evaluation, reevaluation,
    classification, educational placement,
  • or FAPE
  • Districts must file to deny an independent
    evaluation within 20 calendar
  • days of parental request 2.5 (c)2ii
  • Stay put applies to mediation only, as well as
    due process cases
  • Submit a written request that specifies
  • -Students name, address, DOB, school attending,
    issues and
  • proposed resolution 2.6(d) 2.7(c)
  • -Must copy other party 2.6(d) 2.7(c)
  • Parents of nonpublic school students may not file
    for mediation or DP for issues regarding the
    provision of services to a student (this may be
    addressed through the complaint procedures in
    6A14-9.2)

22
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Dispute Resolution Due Process
  • The party against whom a request for a due
    process hearing is directed must, as applicable,
    provide a written response specifically
    addressing the issue(s) raised, within 10 days of
    the filing of the request 2.7(d)
  • Sufficiency Challenges - If the petition is
    insufficient, the administrative law judge (ALJ)
    can dismiss the case or grant permission to amend
    the request 2.7(f)2
  • Amendment of due process petitions is allowed
    only with consent of the other party or by order
    of an ALJ 2.7(i)
  • Decisions in due process hearings are based on a
    denial of FAPE or educational benefits, not
    procedural violations 2.7(k)1,2,3

23
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Dispute Resolution Resolution Period and
    Meeting
  • 30 day resolution period when a parent files for
    a due process hearing conduct a resolution
    meeting 2.7(h) or mediate 2.7(h)8
  • -Resolution meeting must be scheduled
    and held within 15 days of
  • receiving the parents request, unless
    the parties agree to mediation
  • in lieu of resolution 2.7(h)2 or
    agree in writing to waive the
  • resolution meeting 2.7(h)9
  • The resolution meeting shall include a
    representative of the school district who has
    authority to make decisions 2.7(h)1
  • If settle at a resolution meeting, must develop
    an agreement 2.7(h)6
  • -Either party can void the agreement within 3
    business days 2.7(h)6i
  • No attorneys at resolution meetings unless the
    parent has an attorney 2.7(h)1i

24
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Dispute Resolution Due Process
  • Emergent Relief may be requested for the
    following reasons Break in service discipline
    placement pending outcome of a DP hearing and
    graduation or graduation ceremonies 2.7(r)1
  • Beginning 12/01/05 OSEP has allowed parties to
    convert requests for mediation only to one for
    due process
  • Preserves stay-put
  • IDEA procedures are invoked when converted
  • Burden of Proof is now on the party that files
    (Schaffer and L.E. cases)
  • 2 Year limitations period to file 2.7(a)1
  • Due Process hearings requested for Section 504
    issues are not subject to resolution meetings,
    sufficiency challenges or amendment procedures or
    answers 2.7(w)

25
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Discipline/Suspensions/Expulsions
  • School district personnel may, on a case-by-case
    basis, consider any unique circumstances when
    determining whether or not to impose a
    disciplinary sanction or order a change of
    placement for a student with a disability who
    violates a school code of conduct 2.8(b)
  • School personnel may automatically remove a
    student to an Interim Alternative Educational
    Setting (IAES) for
  • -Drugs
  • -Weapons
  • -Serious bodily injury to others (new
    requirement)
  • As of 9/05/06 removal to an interim alternative
    educational setting (IAES) shall be for a period
    of no more than 45 CALENDAR days, rather than
    school days 2.8(f)

26
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Discipline/Suspensions/Expulsions
  • For removals of ten (10) days or fewer
  • Student is subject to the same disciplinary
    policy as nondisabled students 6A14-2.8(a)
  • Services must be provided within 5 school days of
    the removal
  • 6A16-7.2(a)5
  • This applies to removals of at least 5
    consecutive school days
  • Educational services are consistent with the
    students IEP
  • Preschool age children with disabilities cannot
    be removed (i.e. suspended or expelled) for
    disciplinary reasons 2.8(a)1

27
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 2.
PROCEDURAL SAFEGUARDS
  • Discipline/Suspensions/Expulsions
  • Manifestation Determination Appendix A
  • If behavior is a manifestation of the disability
  • -Must review behavior intervention
    plan (BIP)
  • -If there is no BIP, conduct a
    functional behavioral assessment
  • (FBA) and develop a BIP
  • If behavior is not a manifestation of the
    disability
  • -As appropriate (case by case basis),
    review BIP
  • -If there is no BIP, as appropriate,
    conduct an FBA and
  • develop a BIP
  • For all students who are removed, when services
    are required they must be provided so the student
    may participate and progress in the curriculum

28
IMPLEMENTATION OF N.J.A.C. 6A14
  • SUBCHAPTER 3.
  • SERVICES

29
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • General Requirements
  • Child Study Team Members
  • Shall perform only those functions that are
    within the scope of their professional license
    (where applicable) and certification issued by
    NJDOE 3.1(b)1
  • May provide services to educational staff with
    regard to techniques and programs. Services
    include, but are not limited to
  • Consultation with school staff and parents
    3.1(d)3i
  • Training of school staff 3.1(d)3ii
  • Design, implementation and evaluation of
    techniques addressing academic and behavioral
    difficulties 3.1(d)3iii
  • May participate on Intervention and Referral
    Services (I RS) teams pursuant to
    N.J.A.C.6A16-8 3.1(d)4

30
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Location, Referral, Identification
  • General Education Interventions
  • Utilize interventions in general education, as
    appropriate, prior to referral 3.3(b)
  • Within Abbott districts, the system of assessment
    and interventions within general education
    programs according to N.J.A.C. 6A10A-3.1 shall
    be implemented for all students who have reading
    as their primary area of difficulty 3.3(b)1
  • The staff of the general education program shall
    maintain written documentation, including data
    setting forth the type of interventions utilized,
    the frequency and duration of each intervention
    and the effectiveness of each intervention
    3.3(c)

31
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Location, Referral, Identification
  • When it is determined through an analysis of
    relevant documentation and data concerning each
    intervention utilized that interventions in the
    general education program have not adequately
    addressed the educational difficulties and it is
    believed that the student may have a disability,
    the student shall be referred 3.3(c)1
  • Referral may be made by professional staff of the
    district, parents, and State agency employees
    3.3(a)3ii
  • Identification Meeting
  • When a student is referred, it may be determined
    at the 20 day meeting that an evaluation is not
    warranted and other appropriate action may be
    implemented 3.3(e)

32
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Location, Referral, Identification
  • Early Intervention to Preschool Transition
    Planning Conference
  • A CST member must participate and shall
  • Review the Individualized Family Service Plan
    (IFSP) 3.3(e)1i
  • Provide the parents written district registration
    requirements 3.3(e)1ii
  • Provide the parents written information on
    available district programs for preschool
    students, including options available for
    placement in general education classrooms
    3.3(e)1iii
  • Provide the parents a form to request that the
    district board of education invite the Part C
    service coordinator from the Early Intervention
    System to the initial IEP meeting for a child
    after a determination of eligibility 3.3(e)iv
  • Submit the form to request that the district
    board of education invite the Part C service
    coordinator with the request for the initial
    evaluation 3.3(e)3i

33
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Evaluation
  • Consent
  • A district may file for Due Process to compel
    consent to evaluate 3.4(c)
  • - However, district board of education shall
    not be determined in violation of its child-find
    obligation or evaluation obligation
  • Screening
  • Screening a student to determine educational
    strategies does not constitute an evaluation for
    the purpose of eligibility 3.4(d)
  • Timeline
  • Repeated failure to produce the student for an
    evaluation negates the time period to complete
    the evaluation 3.4(e)1
  • Time to complete an evaluation may be extended by
    agreement of the parent and school district if
    the student transfers to a new school district
    during the evaluation process 3.4(e)2
  • Initial evaluation
  • Evaluate in the language or form most likely to
    yield accurate information 3.4(f)1

34
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Evaluation
  • Initial evaluation
  • Shall include at least two assessments 3.4(f)
  • Shall be conducted by at least two members of the
    child study team in those areas in which they
    have appropriate training or are qualified
    through their professional licensure or
    educational certification and other specialists
    in the area of disability as required or
    determined necessary 3.4(f)
  • Shall include a functional assessment of academic
    performance and, where appropriate, a functional
    behavioral assessment, an assessment of the
    language needs of a child with limited English
    proficiency, assessment of the students
    communication needs, and assessment of the need
    for assistive technology devices and services
    3.4(f)4

35
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Evaluation Reports and Documentation
  • The district is required to give the parent not
    less than 10 calendar days prior to the
    eligibility meeting, a copy of the evaluation
    report(s) and other information that will be used
    to determine whether a student is eligible for
    speech-language services or continues to be
    eligible for special education and related
    services. 3.5(a) 3.6(c) 3.8(f)1
  • The term documentation of eligibility refers to
    documents that will be utilized by the team at
    the eligibility meeting to make a determination
    about eligibility. guidance

36
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Initial Evaluation
  • For a preschool age child
  • If it is determined that a speech-language
    assessment will be conducted, it may be utilized
    as one of the two required assessments 3.3(e)3i

37
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Evaluation
  • Outside Reports
  • Each report shall be reviewed and considered by
    the CST member or related service provider with
    relevant knowledge or expertise 3.4(i)
  • May utilize a report or component as a required
    assessment if it was conducted within one year
    and it meets the regulatory requirements 3.4(i)

38
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Eligibility
  • Not eligible if the determinant factor is due to
    lack of instruction in reading, including the
    essential components of reading instruction, or
    math or due to limited English proficiency
    3.5(b)
  • Eligibility Categories
  • Fourteen (14) eligibility categories
  • Deaf/blindness is a category 3.5(c)7
  • Clarified definition of Multiply disabled
    3.5(c)6
  • Clarified definition of Preschool child with a
    disability 3.5(c)10
  • Added response to scientifically based
    interventions (RTI) as a method for determining
    eligibility under the category of Specific
    learning disability

39
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Eligibility
  • SLD
  • Can be determined when a severe discrepancy is
    found between the students current achievement
    and intellectual ability in one or more of the
    areas listed in 3.5(c)12 including
  • Mathematical calculation
  • Mathematical problem solving
  • Reading fluency
  • May also be determined by utilizing a response to
    scientifically based interventions (RTI)
    methodology 3.5(c)12ii

40
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • SLD and RTI
  • When using RTI to make the determination of
    whether the student has a specific learning
    disability, the district shall
  • Ensure that such methodology includes
    scientifically based Instruction by highly
    qualified instructors 3.4(h)6i
  • Ensure that multiple assessments of student
    progress are included in the evaluation
    3.4(h)6i
  • Ensure that documentation of eligibility
    includes, but is not limited to, the
    instructional strategies utilized and the
    student-centered data collected 3.4(h)4ix

41
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • IEP
  • Informed of Responsibilities
  • District board of education shall maintain
    documentation that the teacher and provider, as
    applicable, have been informed of his/her
    specific responsibilities related to implementing
    the students IEP 3.7(a)3
  • Consider needs of the student
  • When developing the IEP, the IEP team shall
    consider the academic, developmental and
    functional needs of the student 3.7(c)2
  • Review the preschool day
  • When developing the IEP, the IEP team shall
    review the preschool day to determine what
    accommodations and modifications may be required
    to allow the child to participate in the general
    education classroom and activities 3.7(c)11

42
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • IEP
  • Amending Without a Meeting
  • The IEP may be amended without a meeting of the
    IEP team as
  • follows
  • -If the parent makes a written request and
    the district agrees 3.7(d)1
  • -If the school district provides the parent
    a written proposal to
  • amend the IEP and, within 15 days, the
    parent consents in writing to the
  • proposed amendment 3.7(d)2
  • All amendments shall be incorporated in an
    amended IEP or an
  • addendum to the IEP and parents are provided a
    copy of the amended
  • IEP or addendum within 15 days of receipt of
    parental consent 3.7(d)3

43
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • IEP
  • Amending Without a Meeting (Continued)
  • IEP team members must be informed of the changes
    to the IEP guidance
  • All teachers and providers whose duties are
    altered by an amendment of an IEP must be
    informed of their new responsibilities for
    implementation of the IEP guidance
  • Such amendment shall not affect the requirement
    that the IEP team
  • review the IEP at a meeting annually, or
    more often if necessary 3.7(d)4

44
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • IEP
  • Required components
  • Present levels of academic achievement and
    functional performance 3.7(e)1
  • Detailed measurable annual academic and
    functional goals 3.7(e)2
  • Such special education and related services shall
    be based, to the extent practicable, on peer
    reviewed research 3.7(e)4
  • Transition will remain at age 14 3.7(e)11
  • At age 16, measurable postsecondary goals related
    to training, education, employment and
    independent living 3.7(e)12
  • Address participation in extracurricular and
    nonacademic activities for students in
    out-of-district placements 3.7(e)17

45
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • IEP
  • Required components
  • A statement, as appropriate, of any integrated
    therapy services to be provided addressing the
    students individualized needs in his or her
    educational setting 3.7(e)5
  • For students in an out-of-district placement, set
    forth how the student will participate with
    nondisabled peers in extracurricular and
    nonacademic activities and delineate the means to
    achieve such participation, including, if
    necessary, returning the student to the district
    in order to receive them 3.7(e)17

46
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • IEP
  • Copy or written notes
  • Provide either a copy of the IEP or written notes
    setting forth agreement with respect to the IEP
    as determined by the IEP team at the conclusion
    of the IEP meeting 3.7(l)
  • Annual Review
  • Students in a separate setting
  • For those students in a separate setting, the IEP
    team shall, on an annual basis, consider
    activities necessary to transition the student to
    a less restrictive placement 3.7(k)

47
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Reevaluation
  • Frequency
  • No more than one reevaluation per year unless the
    parent and district agree to conduct one sooner
    3.8(a)
  • Waiving
  • Reevaluation may be waived with parental consent
    3.8(a)1 except for reevaluation of preschoolers
    to determine school age eligibility 3.8(g) and
    when a change in eligibility is being considered
    (e.g. declassification) 3.8(d)
  • Date of the parents written consent constitutes
    the date upon which the next three year period
    for conducting a reevaluation shall commence
    3.8(a)1

48
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Reevaluation
  • Timeframe
  • Unless the parent and the district board of
    education agree to waive a reevaluation, the
    reevaluation shall be completed within 60
    calendar days of the date the parent provides
    consent for the assessment to be conducted
    3.8(e)
  • or
  • By the expiration of the three year timeframe
    from completion of the prior evaluation or
    reevaluation, whichever occurs sooner 3.8(e)

49
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Related Services
  • Additional services 3.9(a)
  • School nurse services
  • Recreation
  • Social work services
  • Medical Services
  • Nursing services
  • Provided only to the extent such services are
    designed to enable a child with a disability to
    receive a free, appropriate public education as
    described in the IEP 3.9(a)8
  • Medical services
  • Provided for diagnostic and evaluation purposes
    only 3.9(a)9

50
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Related Services
  • Therapy services
  • May be integrated into the context of ongoing
    activities or routines 3.9(a)10
  • Specialists in Behavior Modification or Other
    Disciplines for
  • Which There is No License or Certification
  • Specialists in behavior modification or other
    disciplines for which there is no license or
    certification shall hold, at a minimum, a
    bachelors degree in education, psychology or a
    related fieldand shall work under the
    supervision of certified district board of
    education personnel 3.9(a)11 5.1(c)1iii(3)

51
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 3.
SERVICES
  • Related Services
  • Specialists in Behavior Modification or Other
    Disciplines for Which There is No License or
    Certification
  • Regulation permits persons who fall within the
    scope of the regulation to provide services by
    developing the program and, when appropriate,
    implementing such programs either on their own or
    by supervising aides and other persons who will
    work with the student in accordance with the plan
    developed by the specialist guidance
  • The specialist and all staff working with the
    specialist to implement programs must be
    supervised by appropriate school district staff
    in accordance with the provisions of the
    regulation guidance

52
IMPLEMENTATION OF N.J.A.C. 6A14
  • SUBCHAPTER 4.
  • PROGRAMS INSTRUCTION

53
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Transfer students Public School Students
  • In-state transfer 4.1(g)1
  • -Conduct an immediate review and provide a
    comparable program
  • -District can accept or reject the current IEP
  • -If reject, do any necessary assessments and
    develop and implement a new IEP within 30 days of
    enrollment
  • Out-of-state transfer 4.1(g)2
  • -Conduct an immediate review and provide a
    comparable program
  • -Must determine if an evaluation is needed,
    based on existing information
  • -If an evaluation is needed, obtain parental
    consent and conduct the evaluation
  • -Develop a new IEP and implement the new IEP
    within 30 days of enrollment
  • Former district must take reasonable steps to
    transfer records to the new district 4.1(g)3

54
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Transfer Students Nonpublic School Students
  • - Conduct an immediate review of the
    services plan
  • 4.1(m
  • - Provide comparable services pending
    completion of
  • any necessary assessments 4.1(m)
  • - As appropriate, develop an IEP within 60
    calendar days from
  • the date of enrollment in the district
    4.1(m)

55
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Placement in the Least Restrictive Environment
  • For a student in a separate setting, activities
    necessary to transition the student to a less
    restrictive placement are considered annually
    4.2(a)4
  • A student with a disability is not removed from
    the age-appropriate general education classroom
    solely based on needed modifications to the
    general education curriculum 4.2(a)9
  • Placement in a program option is based on the
    individual needs of the student 4.2(a)10
  • When determining the restrictiveness of a
    particular program option, such determinations
    are based solely on the amount of time a student
    with disabilities is educated outside the general
    education setting 4.2(a)11

56
IMPLEMENTATION OF N.J.A.C. 6A14 SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Program Options
  • All students shall be considered for placement in
    the general education class with supplementary
    aids and services including, but not limited to,
    the following
  • Curricular or instructional modifications or
    specialized instructional strategies
  • Assistive technology devices and services
  • Teacher aides
  • Related services
  • Integrated therapies
  • Consultation services
  • In-class resource programs 4.3(a)1-7

57
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Program Criteria Supplementary Aids Services
  • Provided in the general education classroom to
    enable students with disabilities to be educated
    to the maximum extent appropriate with
    nondisabled peers 4.5(a)
  • A teacher aide may provide supplementary support
    to a student or students in areas including, but
    not limited to
  • - Prompting, cueing and redirecting student
    participation
  • - Reinforcing of personal, social,
    behavioral, and academic
  • learning goals
  • - Organizing and managing materials and
    activities
  • - Implementing teacher-directed follow-up
    and practice
  • activities 4.5(b)

58
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Program Criteria Supplementary Aids
    Services(Continued)
  • A teacher aide and the appropriate general or
    special education teaching staff shall be
    provided time for consultation on a regular
    basis, which shall be set forth in policies
    adopted by the district board of education
    4.5(d)

59
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Program Criteria Supplementary Aids Services
    (Continued)
  • Consultation as a service
  • May be provided on behalf of a student with
    disabilities or a group of students with
    disabilities 4.6(e)
  • May be provided by a related services provider, a
    teacher of students with disabilities or a child
    study team member to the general education
    teacher
  • and/or the teacher aide 4.6(e)
  • Specified in each students IEP, including
    frequency and duration 4.6(e)
  • Consultation may include, but is not limited to
  • -The development and demonstration of techniques
    and strategies
  • -Data collection on the effectiveness of the
    techniques and strategies
  • -Development of positive behavioral supports
    4.5(e)1,2,3 

60
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Program Criteria Supplementary Instruction
  • Provided in addition to the primary instruction
    for the subject being taught 4.6(a)
  • Program of instruction shall be specified in the
    IEP 4.6(a)
  • Provided individually or in groups 4.6(b)
  • Teacher (general education) shall be
    appropriately certified either for the subject or
    level in which instruction is given 4.6(c)
  •  

61
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Supplementary Instruction (continued)
  • In-Class
  • Instruction provided for a single subject
    4.6(b)
  • May be provided up to the students entire
    instructional day 4.6(h)
  • Student shall be included in activities such as
    group discussion, special projects, field trips
    and other general education class activities as
    deemed appropriate in the students IEP 4.6(i)
  • Pull-out
  • Instruction may be provided in more than one
    subject 4.6(b)

62
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • In-Class Resource Programs
  • Provided by an appropriately certified teacher of
    students with disabilities 4.6(d)
  • Provided in the general education class 4.6(e)
    at the same time as the rest of the class
    4.6(i)
  • Can be provided up to the students entire
    instructional day 4.6(h)

63
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • In-Class Resource Programs
  • General education teacher has primary
    instructional responsibility unless otherwise
    specified in the students IEP 4.6(i)
  • Student shall be included in activities such as
    group discussion, special projects, field trips
    and other general education class activities as
    deemed appropriate in the students IEP 4.6(i)
  • In-class resource teachers may provide support
    and replacement instruction at the same time in
    accordance with the group size limits specified
    in 4.6(m)
  • Preschool/Elementary
    Secondary
  • 8
    10

64
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Pull-Out Replacement Resource Programs
  • Provided by an appropriately certified teacher of
    students with disabilities 4.6(d)
  • General education curriculum may be modified
    based on the students IEP 4.6(j)
  • The resource program teacher shall have primary
    instructional responsibility and shall consult
    with the general classroom teacher as appropriate
    4.6(j)

65
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Pull-Out Replacement Resource Programs
    (continued)
  • When a student with a disability receives
    instruction for a particular subject area either
    in a single subject resource program or a special
    class program, the student shall receive at least
    the same amount of instructional time as that
    provided general education students for each
    subject area as of 7/1/07 4.1(l)
  • For students in a single-subject resource program
    outside the general education class, the IEP
    shall specify the proportion of time in the
    general education classroom and the resource
    program for each subject area as of 7/1/07
    4.1(l)
  • At the elementary level
  • -Up to no more than 3 subject areas per day
    4.6(h)
  • At the secondary level
  • -Up to the entire instructional day 4.6(h)

66
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Pull-out Support Resource Programs
  • Provided by an appropriately certified teacher of
    students with disabilities 4.6(d)
  • Pull-out support and pull-replacement shall not
    be provided by the same teacher at the same time
    4.6(e)
  •  
  •  
  •  
  •  

67
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Special Class Programs
  • Shall serve students who have similar intensive
    educational, behavioral and other needs related
    to their disabilities in accordance with their
    IEPs 4.7(a)
  • Placement in a special class program shall occur
    when the IEP team determines that the nature and
    severity of the students disability is such that
    no other school-based program will meet the
    students needs 4.7(a)
  • When a student with a disability receives
    instruction for a particular subject area either
    in a single subject resource program or a special
    class program, the student shall receive at least
    the same amount of instructional time as that
    provided general education students for each
    subject area as of 7/1/07 4.1(l)
  • When determining whether a classroom aide is
    required, students with a personal aide shall not
    be included in the student count4.7(e)

68
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • AGE SPAN REQUIREMENTS

69
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Home Instruction
  • Provided by appropriately certified teacher of
    students with disabilities or for the subject or
    level in which instruction is given 4.8(a)3
  • Home instruction due to illness is included in
    N.J.A.C. 6A16
  • Must keep a written record, including dates and
    times during which home instruction is provided
    4.8(a)3)
  • Provided in a location conducive to learning,
    considering the disability and circumstances of
    the student 4.8(a)5
  • Parent shall be consulted in determining the
    appropriate location 4.8(a)5
  • If the student is repeatedly not made available
    by the parent, consider whether the student is
    truant in accordance with N.J.S.A. 18A38-27
    4.8(a)6
  •  
  •  
  •  

70
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Statewide Assessment
  • If a student is participating in the SRA as
    determined by the IEP team, the student shall not
    be required to again participate in the HSPA and
    pass that assessment 4.10(a)3
  • Graduation
  • Summary of Performance (SOP) is required when a
    student graduates or exceeds the age of
    eligibility 4.11(b)4
  • SOP should include a written summary of academic
    achievement and functional performance prior to
    the date of the students graduation or the
    conclusion of the school year in which the
    student exceeds the age of eligibility 4.11(b)4
  • Summary shall include recommendations to assist
    the child in meeting his/her postsecondary goals
    4.11(b)4

71
IMPLEMENTATION OF N.J.A.C. 6A14SUBCHAPTER 4.
PROGRAMS INSTRUCTION
  • Graduation (continued)
  • If the school the student is attending declines
    to issue a diploma to the student, the district
    of residence shall issue a diploma if the student
    has satisfied all state and local graduation
    requirements, as specified in the students IEP
    4.11(c)1
  •  

72
IMPLEMENTATION OF N.J.A.C. 6A14
  • This concludes our presentation.
  • Thank you for your attendance.
  • We hope you found the session informative.
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