KEARNY BOARD OF EDUCATION File Code: 6171.18 Kearny , New Jersey 07032
Policy
REQUIREMENTS FOR SERVICES FOR NONPUBLIC SCHOOL PUPILS
Participation of Pupils with Disabilities Enrolled in Nonpublic Schools by Their Parents - N.J.A.C. 6A:14-6.1 and 6.2
The school district shall provide a genuine opportunity for the equitable participation of pupils with disabilities who reside in the school district, who are enrolled in nonpublic schools. The school district shall spend an amount of money equal to a proportionate amount of federal funds available under Part B of the Individuals with Disabilities Education Act (IDEA) for the provision of services to pupils with disabilities who are attending nonpublic schools. Those procedural safeguards available to nonpublic school pupils with disabilities, and their parent(s), legal guardian(s) and/or adult pupil as specified by federal law and rules under Part B of the IDEA shall apply.
Provision of Programs and Services Provided Under the N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq. - N.J.A.C. 6A:14-6.2
If the nonpublic school is located within the school district, the school district shall provide to nonpublic school pupils the programs and services required by federal and State law by itself, or through joint agreements with other Boards of Education, or through contracts with Educational Services Commissions, or with clinics and agencies approved under N.J.A.C. 6A:14-5. Specifications for contracts to provide programs and services covered by this policy shall be approved by the County Superintendent of Schools.
Identification, evaluation, determination of eligibility, development of Individualized Education Programs (IEP), and provisions of speech and language services, home instruction and supplementary instruction shall be provided in accordance with federal and State law. English as a second language shall be provided in accordance with N.J.S.A. 18A:46A-2c, and Compensatory Education shall be provided in accordance with N.J.S.A. 18A:46A-2e. Any special education programs and services provided in accordance with federal and State law, shall be provided with parental, legal guardian(s), and/or the adult pupil’s consent in accordance with N.J.A.C. 6A:14-2.3. Procedural safeguards available to nonpublic school pupils with disabilities and their parent(s), legal guardian(s) as specified by federal law and rules under Part B of the IDEA shall apply.
Personnel providing a program or service shall have appropriate certification, and if required, meet all licensing requirements. Personnel shall not be employed by the nonpublic school in which the pupil is enrolled with the exception of personnel providing the types of instruction specified in N.J.A.C. 6A:14-5.1(c)2ii and iii.
Programs and services for nonpublic school pupils shall be provided in facilities approved by the New Jersey Department of Education through its County Office of Education in accordance with N.J.S.A. 18A:46-5 and 18A:46-19.5.
Public and nonpublic school pupils may be grouped for speech correction and the other instructional programs provided, when appropriate. When the provision of programs and/or services requires transportation or the maintenance of vehicular classrooms, the school district in which the nonpublic school is located shall provide the transportation and maintenance, and the cost shall be paid from State Aid received for this purpose. The school district in which the nonpublic school is located shall maintain all records of nonpublic school pupils receiving programs and/or services in accordance with N.J.A.C. 6:3-6.
Fiscal Management Provided Under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq. - 6A:14-6.3
The school district in which the nonpublic school is located, shall provide programs and services at a cost not to exceed the amount of State aid funds. The school district is responsible to maintain an accounting system for nonpublic programs and services in accordance with N.J.A.C. 6:20-2A. At the close of each school year, the school district shall report to the New Jersey Department of Education the total district cost for programs and services provided.
The school district in which the nonpublic school is located, shall receive State aid for programs and services for the succeeding school year as available from appropriated funds for nonpublic school programs and services.
End of the Year Report Provided Under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq. - 6A:14-6.4
Annually, the Superintendent of Schools shall submit to the New Jersey Department of Education, a report describing the programs and services provided under N.J.A.C. 6A:14 et seq. The end of the year report shall include the number of nonpublic school pupils provided each program or service, and such other information as may be required by the New Jersey Department of Education.
Adopted: March 20, 2000