KEARNY BOARD OF EDUCATION File Code: 6171.23 Kearny , New Jersey 07032
Policy
PRIVATE SCHOOL PUPILS
SPECIAL EDUCATION AND RELATED SERVICES
Placement in Accredited Nonpublic Schools Which are Not Specifically Approved for the Education of Disabled Pupils - N.J.A.C. 6A:14-6.5.
In accordance with N.J.S.A. 18A:46-14, pupils with disabilities may be placed in accredited nonpublic schools which are not specifically approved for the education of disabled pupils with the consent of the Commissioner of Education or by an order of a court of competent jurisdiction, except preschool age pupils with disabilities may be placed by the school district in early childhood programs operated by agencies other than a school district in accordance with N.J.A.C. 6A:14-4.3(c).
A. The Commissioner’s consent shall be based upon certification by the school district that the following requirements have been met:
1. The nonpublic school is accredited. Accreditation means the ongoing, on-site evaluation of a nonpublic school by a governmental or independent educational accreditation agency which is based upon written evaluation criteria that address educational programs and services, school facilities and school staff.
2. A suitable special education program pursuant to N.J.S.A. 18A:46-14 a through h, cannot be provided to this pupil.
3. The most appropriate placement for this pupil is this nonpublic school.
4. The program to be provided shall meet the requirements of the pupil’s Individualized Education Program (IEP).
5. The pupil shall receive a program that meets all the legal requirements of a thorough and efficient education.
These requirements shall be met except as the content of the program is modified by the IEP based on the educational needs of the pupil. Statewide assessment and graduation requirements shall apply. Participation in Statewide assessment and/or exemptions from graduation requirements shall be recorded in the pupil’s IEP in accordance with N.J.A.C. 6A:14-4.11 and 4.12.
a. All personnel providing either special education programs, or related services shall hold the appropriate educational certificate and a license, if one is required, for the position in which they function.
b. All personnel providing regular education programs shall either hold the appropriate certificate for the position in which they function or shall meet the personnel qualification standards of a recognized accrediting authority.
c. All substitute teachers and aides providing special education and related services shall be employed in accordance with N.J.A.C. 6:11-4.5, County Substitute Certificate, and 4.6, Paraprofessional approval.
Private School Pupils-Special Education and Related Services File Code: 6171.23 Page 2
6. The pupil shall receive a comparable program to that required to be provided by the school district. These requirements shall be met except as the content of the program is modified by the IEP based on the educational needs of the pupil. Exemptions shall be recorded in the pupil’s IEP.
7. The nonpublic school provides services which are nonsectarian.
8. The nonpublic school complies with all relevant State and Federal Anti-discrimination Statutes.
9. Written notice has been provided to the pupil’s parent(s), legal guardian(s) and/or the adult pupil regarding this placement which has included a statement that:
a. The nonpublic school is not an approved private school for the disabled and that the school district assumes the ongoing monitoring responsibilities for the pupil’s program.
b. No suitable special education program could be provided to this pupil pursuant to N.J.S.A. 18A:46-14; and
c. This is the most appropriate placement available to the pupil.
10. The placement is not contested by the parent(s), legal guardian(s) and/or the adult pupil.
11. The nonpublic school has been provided copies of N.J.A.C. 6A:14, 1:6A and 6:3-6.
B. In a due process hearing, the authority of the Commissioner to consent to a placement in an accredited nonpublic school shall be delegated to the Administrative Law Judge (ALJ) assigned to the case when:
1. The ALJ makes a factual determination that the certifications in one through eleven above are met; or
2. If the school district and the parent(s), legal guardian(s) and/or the adult pupil agree to a settlement of the matter which would include placement under N.J.S.A. 18A:46-14 and the ALJ approves the settlement. Approval may be granted if the school district makes the certifications in one through eleven above. A copy of the signed consent application shall be attached to the settlement agreement and forwarded by the district Board of Education to the New Jersey Department of Education through the County Office of Education.
C. Students with disabilities who are placed in private schools by the district board of education, are provided special education and related services at no cost to their parents according to N.J.A.C.
6A:14-1.1(d) and N.J.A.C. 6A:14-7.5(b)3.
1. Due to the specificity of requirements at N.J.A.C. 6A:14-1.1(d) and N.J.A.C. 6A:14-7.5(b)3, no additional written procedures are required.
The school district shall be responsible to monitor the pupil’s placement at least annually to ensure the program’s compliance with the certifications.
Adopted: March 20, 2000