KEARNY BOARD OF EDUCATION File Code: 6171.13
Kearny , New Jersey 07032
Policy
PROTECTION OF PUPIL’S RIGHTS IN REGARD TO EVALUATION AND
RE-EVALUATION PROCEDURES ACCORDING TO N.J.A.C. 6A:14-2.5
The Kearny Board of Education adopts the policy that:
All evaluation procedures, including, but not limited to, observation, tests and interviews used to determine eligibility and placement of handicapped pupils shall be selected and administered in accordance with N.J.A.C. 6A:14-2.5(a) 1-10.
Parents of an educationally handicapped pupil and adult pupils shall be afforded an opportunity to inspect and review all educational records with respect to the identification, evaluation and educational placement of the pupil and the provision of a free, appropriate public education.
Parents and adult pupils have a right to an independent evaluation in accordance with N.J.A.C. 6A:14-2.5(b) 1-3, c) 1-5.
Notice will be provided to parents and adult pupils in accordance with N.J.A.C. 6A:14-2.4 (a).
The Kearny Board of Education, parent or adult pupil may initiate a due process hearing in accordance with N.J.A.C. 6A:14-2.7 and N.J.A.C. 1:6A.
The Kearny Board of Education shall provide information regarding the availability of free or low cost legal and other relevant services, if the parent or adult pupil requests the information.
The Kearny Board of Education shall ensure that the rights of a pupil are protected through the provision of an individual to act as a surrogate parent according to N.J.A.C. 6A:14-2.2 when appropriate.
The procedures used to implement the above policies shall include, but not be limited to, the following:
The Kearny Board of Education shall ensure that evaluation procedures, including, but not limited to, observation, tests and interviews used to determine eligibility and placement of handicapped pupils shall:
1. Be selected and administered by the appropriate members of a multi-disciplinary team of
professionals consisting of members of the Child Study Team, the school physician and where
appropriate, other specialists according to N.J.A.C. 6A:14-3.5, each employing two or more
appropriate evaluation procedures. At least one member of the multi-disciplinary team shall
be knowledgeable in the area of the suspected disability.
2. Be used by personnel certified and trained in the administration and interpretation of such
procedures.
3. Have been validated for the purpose(s) for which they are administered.
4. Be selected and administered:
a) So that the pupil’s cultural background and language abilities are taken into consideration;
b) In the pupil’s native language or other mode of communication unless it is clearly not
feasible to do so.
5. Be selected, administered and interpreted so that when a pupil has sensory, manual or
communication impairments the results accurately reflect the ability which that procedure
purports to measure, rather than the impairment.
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6. Be selected and administered so as not to be racially or culturally discriminatory.
7. Be conducted on an individual basis.
8. Use information from group tests only to supplement individual evaluations.
9. Consider the pupil’s sociocultural background and adaptive behavior in home, school and
community.
10. Result in a written report which shall be dated and signed by the individual who originated
the data.
All pupil records shall be maintained according to N.J.A.C. 6:3-2.
The parent(s), adult pupil or their designated representative, shall be permitted to inspect, review and appeal the content of the pupil’s records maintained by the Kearny Board of Education under 6:3-2. When requested, this inspection shall occur without unnecessary delay before any meetings regarding the individualized education program.
A parent may request an independent evaluation if there is disagreement with the evaluation provided by the Kearny Board of Education.
Such independent evaluation(s) shall be provided at no cost to the parent(s) unless the Kearny Board of Education initiates a due process hearing to show that its evaluation is appropriate and a final determination to that effect is made following the hearing.
Any independent evaluation purchased at public expense shall:
a) Be conducted according to N.J.A.C. 6A:14-3.4; and
b) Be obtained from another public school district, Educational Services Commission,
Jointure Commission or a clinic or agency approved under N.J.A.C. 6A:14-5.1.
An independent medical evaluation may be obtained according to N.J.A.C. 6A:14-5.1(e) 3.
Upon receipt of parental request, the Kearny Board of Education shall provide information about where an independent evaluation may be obtained.
Any independent evaluation submitted to the Kearny Child Study Team(s) shall be considered in making decisions regarding special education and/or related services.
Written notice which meets the requirements of this section shall be provided to the parent(s) when the Kearny Board of Education:
1. Proposes to initiate or change the classification, evaluation or educational placement of the pupil or the provision of a free, appropriate public education to the pupil;
2. Requests consent to conduct an initial evaluation or for initial implementation of a special education program and/or related services;
3. Schedules a meeting to determine a pupil’s eligibility for special education and/or related services or to develop an individualized education program;
4. Plans to conduct a re-evaluation; or
5. Approves or denies the written request of the parent(s) to initiate or change the classification, evaluation or educational placement of the pupil or the provision of a free, appropriate public education to the pupil.
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Written notice, according to 1 through 5 above shall be provided to the parent(s) no later than 15 calendar days after making a determination and in no event less than 15 calendar days prior to the date for implementation, unless the parent(s) otherwise consents. If the parent(s) consents to implementation before the 15 days have elapsed, documentation of such consent shall be maintained, N.J.A.C. 6A:14-3.
On receipt of any written parental request, written notice shall be provided to the parent(s) within 30 calendar days.
Each notice shall be written in language understandable to the general public and shall include:
1. A description of the action proposed or denied by the Kearny Board of Education including:
a) An explanation of why it is taking such action; and
b) A description of any options the district board of education considered and the
reasons why those options were rejected.
2. A description of the procedures, tests, records or reports and factors used by the Kearny Board of Education in determining whether to propose or deny an action.
3. A full explanation of the parental rights to appeal and the process of appealing a Kearny Board of Education’s proposal or denial of an action according to N.J.A.C. 6A:14-2.7 and N.J.A.C. 1:6A.
Kearny Board of Education shall take steps to ensure that the parent(s) is given the opportunity to participate in:
1. Evaluations of the pupil.
2. The determination of the pupil’s eligibility for special education and/or related services.
3. The development of an individualized education program according to N.J.A.C. 6A:14-3.6
and 3.7.
4. The annual review.
Meetings shall be conducted to determine eligibility and to develop, review and revise the basic plan of a pupil’s individualized education program.
1. Each meeting shall include the following participants:
a) The parent(s)
b) Teacher(s) having knowledge of the pupil’s educational performance
c) The pupil, where appropriate
d) At least one member of the Child Study Team
e) Referring certified school personnel, the school principal or designee
and other appropriate individuals if they choose to participate
f) A curriculum consultant from the Department of Human Services,
for those pupils classified as eligible for day training.
2. Meetings shall be scheduled at a mutually agreed upon time and place.
3. Notice of meetings shall indicate the purpose, time, location and participants.
4. If the parent(s) cannot attend the meeting(s), the chief school administrator or designee shall attempt to ensure parental participation, including the use of individual or conference telephone calls. Documentation shall be maintained of all attempts to secure parental participation.
5. A meeting may be conducted without the parent(s) in attendance if the Kearny Board of Education is unable to secure the participation of the parent(s).
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An adult pupil shall be given notice and participation in meetings according to N.J.A.C. 6A:14-2.3(a).
When requesting consent to conduct an initial evaluation or for initial implementation of a special education program and/or related services for an adult pupil, consent shall be obtained from the adult pupil and notice shall be provided to the adult pupil and his or her parent(s).
Adult pupils shall be given a copy of N.J.A.C. 6A:14 and a copy of N.J.A.C. 1:6A upon attainment of the eighteenth birthday.
A due process hearing may be requested in regard to the referral, classification, evaluation or educational placement of a pupil age three through 21 and/or the provision of a free, appropriate public education to that pupil. For pupils below the age of three and above the age of 21, any disputes regarding the provision of programs and services to these pupils shall be handled as a contested case before the Commissioner of Education pursuant to N.J.A.C. 6:24.
A parent(s) or the Kearny Board of Education may request a hearing after the district board of education has sent written notice of a proposed or denied action or after 30 calendar days have elapsed from the date of a written request by the parent(s) for a change with regard to the pupil. The Kearny Board of Education, through its chief school administrator, may request a hearing when it is unable to obtain required parental consent to a proposed action. The Kearny Board of Education shall request a due process hearing if it denies the parent(s) request for an independent evaluation.
1. A request for a due process hearing shall be made in writing to the Director of the Division of Special Education, Department of Education, with a copy to the other party.
2. The Department of Education shall acknowledge receipt of the request and provide information regarding free and low cost legal services to the parent(s).
3. Upon receiving the Department of Education’s acknowledgment, the parties shall begin to exchange relevant records and information according to the time limits in N.J.A.C. 1:6A-3.3.
4. Within seven calendar days of receipt of the written request, the Department of Education shall conduct a conference.
a. The purpose of the conference is to assist the parties in defining issues, identifying evidence, exchanging facts, stipulating facts and listing possible witnesses. Mediation will be available at the conference if both parties agree to participate.
b. The Kearny Board of Education shall ensure that the chief school administrator or his or her designee with the authority of the chief school administrator attends the conference.
c. The conference shall be scheduled at a time and place reasonably convenient to the parties. Participation by the parent(s) is voluntary. Parent(s) may participate through the use of individual or conference calls.
d. The conference may result in either settlement, withdrawal or transmittal to the Office of Administrative Law according to N.J.A.C. 1:6A.
e. If the conference results in settlement, the settlement shall be written and in compliance with New Jersey Statute and Rule.
f. If the conference results in transmittal, the Department of Education representative will prepare a written document at the conference that specified the issues in dispute, stipulations, evidence list and witness list for each party. This document shall be immediately forwarded to the Office of Administrative Law. A copy of this document and the transmittal form shall be sent to the parties. The Department of Education representative shall telephone the clerk of the Office of Administrative Law and schedule a hearing date which shall be no later than 14 calendar days from the date of the conference, unless a later date is agreed upon by both parties.
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The decision of the administrative law judge is final, binding on both parties and to be implemented without undue delay, unless stayed according to N.J.A.C. 1:6A-5.4.
The Kearny Board of Education, through its chief school administrator, or the parent(s) may apply in writing for emergency relief as part of a request for a hearing, or at any time after such request according to N.J.A.C. 1:6A-3.1. The request shall be supported by an affidavit. The applicant shall provide copies of the request to the other party.
1. Prior to transmittal of the hearing request to the Office of Administrative Law, application for emergency relief shall be made to the Director of the Division of Special Education, Department of Education. After transmittal of a request for a due process hearing, any application for emergency relief shall be made directly to the Office of Administrative Law.
If the Kearny Board of Education fails to implement a hearing decision of the Office of Administrative Law, a request for enforcement may be made by the parent(s). The request shall be made in writing to the Director of the Division of Special Education, Department of Education. On receipt of this request, implementation of the decision shall be assured according to Department of Education procedures.
Pending the outcome of a due process hearing, no change shall be made to the pupil’s classification, program or placement unless both parties agree or emergency relief is granted by the Office of Administrative Law according to above.
Upon parental request, the Kearny Board of Education shall provide copies of Special Education Statutes (N.J.S.A. 18A:46-1 et seq.), Special Education Rules (N.J.A.C. 6A:14), Pupil Records Rules (N.J.A.C. 6:3-2), information regarding the availability of free and low cost legal or other services relevant to a due process hearing and due process rules (N.J.A.C. 1:6A).
The Kearny Board of Education or responsible State agency shall ensure that the rights of a pupil are protected through the provision of an individual to act as surrogate for the parent and assume all parental rights under N.J.A.C. 6:14-2, when either:
1. The parent(s) cannot be identified according to N.J.A.C. 6A:14-1.3
2. The parent(s) cannot be located after reasonable efforts
3. The pupil is a ward of the State of New Jersey
The person serving as a surrogate parent shall have:
1. No interest that conflicts with those of the pupil he or she represents and
2. Knowledge and skills that ensure adequate representation of the pupil.
The person(s) serving as a surrogate parent may not otherwise be an employee of the Kearny Board of Education or responsible State agency. A surrogate parent may be paid solely to act in that capacity.
Amended: February 28, 2000