NJ Special Education Laws

New Jersey Administrative Code Title 6A


 

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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