KEARNY BOARD OF EDUCATION
Kearny , New Jersey 07032
Policy File Code: 6171.22
SPECIAL EDUCATION – FREE APPROPRIATE PUBLIC EDUCATION
The Board of Education shall provide all pupil’s with disabilities, including
pupils with disabilities who have been suspended or expelled from school, a free
appropriate public education in accordance with the standards set under the
Individuals with Disabilities Act (IDEA), (20 U.S.C. § 1400 et seq.). Programs
and services shall be provided to pupils age three through twenty-one. The Board
shall provide information regarding services available through other State,
county and local agencies to parents and/or legal guardians of children with
disabilities below the age of three. A free appropriate special education and
related services to pupils with disabilities age three to twenty-one shall be
provided at public expense, under public supervision and with no charge to the
parent(s), legal guardian(s) and/or the adult pupil. Special education and
related services to pupils with disabilities age three through twenty-one shall
be administered, supervised and provided by appropriately certified professional
staff members and be located in facilities that are accessible to the disabled.
All special education programs and services provided under this chapter shall be
subject to review and approval by the New Jersey Department of Education. The
special education staff of the school district shall maintain documentation
demonstrating compliance with IDEA, N.J.A.C. 6A:14.1 et seq., and with all Board
policies and school district regulations pertaining to special education. When a
student with a disability is removed from his/her current placement for
disciplinary reasons, notification of the removal is provided to the case
manager who tracks the number of days a student with disabilities has been
removed for disciplinary reasons. Suspension from transportation is counted as a
day of removal if the student does not attend school. In an in-school suspension
program, participation in the program is not counted as a day of removal if an
opportunity is given for the student to progress in the general curriculum with
services and modifications specified in the student’s IEP. The student is
counted as present for the time spent in the in-school suspension program. When
a series of short-term removals will accumulate to more than 10 days in the
year, school officials and the case manager consult to determine whether the
removals create a change of placement according to N.J.A.C. 6A:14-2.8(b)2. If it
is determined that there is no change in placement, school officials, case
manager and special education teacher consult to determine the extent to which
services are necessary to enable the student to progress appropriately in the
general education curriculum and advance appropriately toward achieving the
goals set out in the student’s IEP.
Special Education – Free Appropriate Public Education File Code: 6171.22 Page
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Pupils with disabilities educated by the school district shall be placed in
facilities or programs which have been approved by the New Jersey Department of
Education in accordance with N.J.S.A. 18A:46-14 and 15. The school district
special education staff shall ensure hearing aids worn by children who are deaf
and/or hard of hearing are functioning properly.
The school district is eligible for assistance, under the IDEA Part B, for a
fiscal year by having a special education plan in effect that is approved by the
New Jersey Department of Education through its County Office of Education. The
plan shall consist of policies, procedures, and assurances; a comprehensive
system of personnel development; data collection and an application that
describes the use of the Part B funds. Such components of the plan shall be
consistent with the approved State Plan for Special Education and N.J.A.C.
6A:14.1 et seq.
The Superintendent shall provide written assurance of the school district’s
compliance with the policies, procedures and program requirements of N.J.A.C.
6A:14-1.2. Annually, the Superintendent shall describe how the school district
will use the funds under Part B of the IDEA during the next school year and the
school district shall submit a report of the numbers of pupils with disabilities
according to their federal disabilities category, age, racial-ethnic background,
and placement, a report of the staff, including contracted personnel, providing
services to identify, evaluate, determine eligibility, develop Individualized
Education Programs (IEP), provide related services and/or instruction to pupils
with disabilities and the full-time equivalence of their assignments and
relevant information on current and anticipated personnel vacancies and
shortages; and any additional reports as required by the IDEA (20 U.S.C. § 1400
et seq.) including, but not limited to, the number of pupils with disabilities
who are exiting education, subject to suspensions and expulsions; removed to
interim alternative education settings, and participating in Statewide
assessments. Upon request, reports in addition to those included in this policy
shall be submitted to the New Jersey Department of Education including, but not
limited to, the number of pupils with disabilities by racial-ethnic group
identified as potentially disabled, evaluated and newly classified.
The approved special education plan submitted by the school district of
residence shall remain in effect until the County Office of Education approves
such amendments as the school district of residence deems necessary unless the
provisions of the IDEA Amendments of 1997, or its regulations are amended, or if
there is a new legally binding interpretation of the IDEA by federal or State
courts, or if there is an official finding of noncompliance with federal or
State law or regulations. Under these circumstances the New Jersey Department of
Education through the County Offices of Education shall require the school
district to modify its special education plan only to the extent necessary to
ensure compliance with federal and/or State requirements.
The Superintendent directs the implementation of Statutes, Rules of the State
Board of Education, and related policies and regulations regarding programs and
services for children with disabilities.
Amended: August 28, 2000
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