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For a copy of the Code please click here
Amended Effective December 06, 2010
Please be advised that changes to Chapter 14 of the Administrative Code, Special Education, were published in the New Jersey Register on February 2, 2015.Please click the link below for the updates.
New Jersey Special Education Law
The purpose of this chapter is to:
1. Ensure that all students with disabilities as defined in this chapter,
including students with disabilities who have been suspended or
expelled from school, have available to them a free, appropriate
public education as that standard is set under the Individuals with
Disabilities Education Act (IDEA) (20 U.S.C. §1400 et seq.;
2. Ensure that the obligation to make a free, appropriate public
education available to each eligible student begins no later than the
student's third birthday and that an individualized education program
is in effect for the student by that date;
3. Ensure that a free, appropriate public education is available to any
student with a disability who needs special education and related
services, even though the student is advancing from grade to grade;
4. Ensure that the services and placement needed by each student with
a disability to receive a free, appropriate public education are based
on the student's unique needs and not on the student's disability;
5. Ensure that students with disabilities are educated in the least
restrictive environment;
6. Ensure the provision of special education and related services;
7. Ensure that the rights of students with disabilities and their parents
are protected;
8. Assist public and private agencies providing educational services to
students with disabilities; and
9. Ensure the evaluation of the effectiveness of the education of
students with disabilities.
(c) The rules in this chapter shall apply to all public and private
education agencies providing publicly funded educational
programs and services to students with disabilities.
1. Programs and services shall be provided to students age three
through 21.
2. Programs and services may be provided by a district board of
education at its option to students below the age of three and above
the age of 21.
3. Each district board of education shall provide information regarding
services available through other State, county and local agencies to
parents of children with disabilities below the age of three.
(d) Each district board of education is responsible for providing a
system of free, appropriate special education and related
services to students with disabilities age three through 21 which
shall:
1. Be provided at public expense, under public supervision and with no
charge to the parent;
2. Be administered, supervised and provided by appropriately certified
and qualified professional staff members;
3. Be located in facilities that are accessible to the disabled; and
4. Meet all requirements of this chapter.
(e) With the exception of students placed in nonpublic schools
according to N.J.A.C. 6A:14-6.5, all students with disabilities shall
be placed in facilities or programs which have been approved by
the Department of Education according to N.J.S.A. 18A:46-14 and
15.
(f) Each district board of education shall ensure that the hearing aids
worn by children who are deaf and/or hard of hearing are
functioning properly.
(g) All special education programs and services provided under this
chapter shall be subject to review and approval by the
Department of Education.
(h) All public and private agencies that provide educational
programs and services to students with disabilities
shall maintain documentation demonstrating compliance
with this chapter.
(i) A school district shall not require a child to obtain a prescription
for a substance covered by the Controlled Dangerous
Substances Act (21 U.S.C. §§801 et seq.) as a condition of
attending school, receiving an evaluation for eligibility for
special education and related services or for receiving special
education and related services.
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