POLICY
Roselle Park Board of Education
Roselle Park, New Jersey

File Code: 6171.4
SPECIAL EDUCATION

In compliance with state department of education interpretation of the administrative code on
special education, the Board adopts the following policies on providing educational and related
services to pupils identified as having educationally disabling conditions as defined in federal and
state law.
A. Exemption of educationally disabled pupils from the high school graduation requirements
according to N.J.A.C. 6A:14-4.11 through -4.12
A disabled pupil must meet all state and local high school graduation requirements in order to
receive a state-endorsed high school diploma unless exempted in his/her IEP. When a pupil
has been exempted from any graduation requirement, his/her IEP shall address alternate
requirements to be met. By the year specified in code, the Board shall ensure that all pupils
with disabilities participate in both statewide and district assessments with appropriate
accommodations or modifications, as determined by the pupil's IEP. If the nature of the
pupil's disability is so severe that the pupil is not receiving instruction in any of the knowledge
and skills measured by the statewide assessment and the pupil cannot complete any of the
questions on the assessment in a subject area with or without accommodations, the pupil
shall participate in a locally determined assessment of pupil progress.
By June 30 of a disabled pupil's last year in the elementary program, the pupil's case
manager, parent/guardian and teacher(s) shall meet to review the instructional guide and
basic plan of the pupil's IEP in view of the transition to the secondary program. Input from
appropriate staff from the secondary school shall be part of the review.
The basic plan of the IEP for the pupil entering the secondary program will address all the
elements required in the administrative code, including specifically addressing graduation
requirements. Required reviews of the IEP shall continue to address graduation
requirements.
A disabled pupil who has not been exempted from the proficiencies or has performed below
the state minimum level of pupil proficiency on one or more areas of the state-mandated high
school proficiency test may participate in the special review assessment (SRA).
Educationally disabled pupils meeting the standards for graduation according to N.J.A.C.
6A:144.12 shall have the opportunity to participate in graduation exercises and related
activities on a nondiscriminatory basis.
B. Prevention of needless public labeling of educationally disabled pupils

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 File Code: 6171.4
SPECIAL EDUCATION (continued)
The Board directs that the names and other personally identifiable data concerning
educationally disabled children shall be kept confidential and shall not be included in the
public acts and public records of this district. Such names and data shall be reduced to code
for inclusion in the public record. A special confidential file shall be maintained listing the
names of educationally disabled pupils on whose behalf the Board of education must take
public action. Motions concerning disabled pupils made at public meetings shall be
anonymous and referred to this confidential file. This file shall be maintained in accordance
with N.J.A.C. 6A:32-7.1.
Further, the Board, administrators, faculty and other personnel shall avoid unnecessary and
needless public labeling of such pupils. This shall include the avoidance of public address
announcements so designating pupils, any open identification of classrooms with signs so
designating, or any item of open or general circulation, such as photographs,
audio/videotapes, etc., that so designates an individual pupil or class. Pupil records shall be
maintained in accordance with N.J.A.C. 6A:32-7.4.
C. Compilation, maintenance, access to and confidentiality of pupil records according to
N.J.A.C. 6A:327.4 through –7.6.
To ensure proper accessibility and confidentiality, the records of educationally disabled pupils
shall be gathered, updated, maintained, stored, transferred, made accessible and finally
disposed of in accordance with the district policy 5125 on pupil records in general. To assure
the security of special education records:
1. Provision shall be made for access and security of computer-stored records of
educationally disabled pupils;
2. Clerical and secretarial tasks related to such records shall be performed only under the
supervision of appropriately certified staff.
As with all pupil records, access shall be guaranteed to persons authorized according to
N.J.A.C. 6A:327.5 within 10 days of the request, but prior to any review or hearing conducted
in accordance with state Board of education regulations.
For the district's general policy and regulation on pupil records see 5125, which deals with all
requirements common to disabled and general pupil records including enumeration and
description of records, provisions for access, notice to parents/guardians of their rights in
regard to the child's records, etc. NOTE: YOUR GENERAL POLICY ON PUPIL RECORDS
SHOULD BE INCLUDED IN THE MATERIAL YOU SUBMIT TO THE COUNTY OFFICE.
D. Identification, location and evaluation of potentially educationally disabled pupils, according to
N.J.A.C. 6A:14-3.3
The chief school administrator shall prepare written procedures for identifying those pupils

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 File Code: 6171.4
SPECIAL EDUCATION (continued)
ages three through 21, including pupils attending nonpublic schools, who reside within the
district and may be educationally disabled, who are not receiving special education and/or
related services as required. Procedures shall include provision for the referral of pupils who
may be experiencing physical, sensory, emotional, communication, cognitive or social
difficulties. In order to ensure program placement by a disabled child's third birthday, a written
request for initial evaluation shall be forwarded to the district at least 120 days prior to the
preschooler attaining age three.
The Board shall ensure that all preschool pupils with disabilities shall have their IEPs
implemented no later than their third birthdays. To provide a smooth transition between a
child's preschool program and his/her school age program (public or private), particular
attention shall be paid to articulation between those programs.
These procedures and arrangements shall be adopted by the Board after review and possible
revision. The procedures shall include criteria by which to identify the potentially disabled,
and require the participation of staff, parents/guardians and appropriate agencies.
Evaluation and Determination of Eligibility
The evaluation process to determine a pupil's eligibility for educational and related services
beyond those available within the regular public school program shall be conducted in strict
compliance with the provisions of N.J.A.C. 6A:14-2.3, 2.5, 3.4 and 3.5 dealing with:
1. Parental notice, notification, consent and involvement, including determination of the
parents/guardians' dominant language and necessary accommodations if the language is
other than English or if the parents/guardians are deaf;
2. An initial evaluation that consists of a multi-disciplinary assessment in all areas of
suspected disability and a written report of the results of each assessment;
3. Determination that a pupil is eligible for special education and related services when
he/she has been identified as having one or more of the thirteen categories of disability
described in the administrative code, and the disability adversely affects the pupil's
educational performance.
The chief school administrator shall oversee development of detailed procedures to govern
the evaluation process, and shall implement them after they have been reviewed and
adopted by the Board.
The Board shall ensure that a variety of assessment tools and strategies shall be applied to
gather information to develop and monitor the IEP, including cooperation and input from the
parents/guardians. Relevant information shall also be related to enabling the pupil to be
involved in and progress in the general education curriculum or, for preschool children with
disabilities to participate in appropriate activities.
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 File Code: 6171.4
SPECIAL EDUCATION (continued)
E. Provision of full educational opportunity to educationally disabled pupils
The Board of education is responsible for providing education for all children resident in the
district. All reasonable efforts will be made to resolve an enrolled child's learning and
adjustment difficulties prior to his/her referral to the child study team for screening and/or
evaluation. When a pupil is found eligible for special education and related services and the
Board of education cannot provide required instruction and related services from its own
resources and facilities, the Board will seek appropriate placement outside the district, and
will assume such costs of that placement as are required by law.
The goal of the Board's special education program is to provide full educational opportunity to
all educationally disabled resident pupils ages three through 21, as those terms are defined in
federal and state law. The Board will make available to parents/guardians of educationally
disabled children below the age of three information regarding services available through
other state, county and local agencies.
The chief school administrator shall ensure that the district's special education programs
comply with the law in every respect, including fiscal regulations and reports.
The chief school administrator shall also ensure that the district plan for special education is
in compliance with administrative code and the approved state plan for special education,
according to N.J.A.C. 6A:14-4.1. This plan shall consist of policies, procedures, assurances,
and a comprehensive system of personnel development, data collection and an application
that describes the use of IDEA Part B funds.
The chief school administrator shall ensure that the plan is implemented in this district and
shall supervise its operation so that it will accomplish its stated goals and objectives.
F. Participation of and consultation with the parents of educationally disabled pupils toward the
goal of providing full educational opportunity to all educationally disabled pupils ages three
through 21
In order to achieve the district's goal of providing full educational opportunity to all
educationally disabled pupils in accordance with the administrative code, parent/guardian
participation shall be sought in every successive stage of the special education decisional
process, pursuant to N.J.A.C. 6A:14-2.3 and 2.4. All notifications shall be made and all
necessary conferences conducted in the language used for communication by the
parent/guardian and the pupil unless it is not feasible to do so, in which case the provisions of
administrative code shall be followed.
Written notice to parents/guardians and/or adult pupils shall be provided as follows:
1. The Board shall provide written notice no later than 15 calendar days after making a
determination;

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
2. The Board shall provide written notice at least 15 calendar days prior to the
implementation of a proposed action so that the parents/guardians and/or adult pupil may
consider the proposal.
The chief school administrator shall develop and present to the Board for review and adoption
procedures for:
1. Giving notice to parents/guardians when an initial request is being made for consent to
evaluate or when a proposal has been made to initiate or change a classification,
evaluation or educational placement of the pupil, or the provision of a free, appropriate
education. For each instance, all required information and documentation shall be
supplied to the parents/guardians within the timelines set by the administrative code.
Particular care must be taken to inform parents/guardians of their right to appeal and their
rights in regard to low-cost legal counsel and fees;
2. Seeking consent of parents/guardians to the actions in 1, when such consent is required;
3. Seeking parent/guardian participation in conferences and determinations as specified in
1, and in evaluation of the success of the educational plan for their child. When
necessary, conference schedules shall be altered to accommodate working
parents/guardians;
4. Mediation when disputes arise during any stage of the special education process which
cannot be settled between the original parties.
5. Particularly, parental consent shall be obtained prior to implementation of the initial IEP
resulting from evaluation; prior to reevaluation except in the circumstances outlined in
code; and prior to the release of pupil records according to N.J.A.C. 6:3-6.
Procedures set out in the administrative code shall be followed when parent/guardian
cooperation and/or participation cannot be obtained. When necessary, a surrogate parent
shall be appointed to ensure the protection of a pupil's rights when the parents/guardians
cannot be identified or located or the child is a ward of the State of New Jersey. The district
shall select and train such surrogate parents in compliance with the administrative code.
No more than 90 calendar days after parental consent has been received shall be allowed for
the evaluation, determination of eligibility and, if the pupil is eligible, the development and
implementation of the IEP.
G. Provision of special services to enable educationally disabled pupils to participate in regular
educational programs to the maximum extent appropriate
The Board of education will provide the kind and quality of those special education-related
services prescribed in the IEP to enable educationally disabled pupils to participate in regular
educational programs to the maximum extent appropriate. Such education-related services
shall include transportation, ensuring that hearing aids worn by deaf and/or hard of hearing
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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
children in school are functioning properly, etc.
When instruction in health, industrial arts, fine arts, music, home economics, and other
education programs is provided to groups consisting solely of pupils with disabilities, the size
of the groups and age range shall conform to the requirements for special class programs
described in the administrative code.
When pupils with disabilities participate in physical education, intramural and interscholastic
sports, non-academic and extracurricular activities in groups consisting solely of pupils with
disabilities, the age range and group size shall be based on the nature of the activity, needs
of the pupils participating in the activity and the level of supervision required.
The evaluation process to determine a pupil's eligibility for educational and related services
beyond those available within the regular public school program shall be conducted in strict
compliance with the provisions of the administrative code.
H. Determination of eligibility according to N.J.A.C. 6A:14-2.3(i)1 and 3.5 through -3.6
Eligibility for special education and related services shall be determined collaboratively by the
parents/guardians; a teacher who is knowledgeable about the pupil's educational
performance or district's programs; the pupil, where appropriate; at least one child study team
member who participated in the evaluation; the case manager; other appropriate individuals
at the discretion of the parent or district; and for an initial eligibility meeting, certified school
personnel referring the pupil as potentially disabled, or the school principal or designee if they
choose to participate.
A pupil shall be determined eligible and classified for special education and related services
when it is determined that the pupil has one or more of the disabilities defined in the
administrative code. A pupil shall be determined eligible for speech-language services when
he/she exhibits a speech or language disorder as outlined in the administrative code.
I.

The individualized education program for each educationally disabled pupil shall be
developed in accordance with the provisions of the administrative code, at N.J.A.C. 6A:142.3(i) and N.J.A.C. 6A:14-3.7.
The Board shall ensure that an IEP is in effect for every pupil in the district who is receiving
special education and related services.
A written individualized education program shall be developed and implemented for each
classified pupil and, in accordance with New Jersey law, a review shall be conducted by the
appropriate staff members annually or more often, if necessary, to evaluate the disabled
pupil's progress and to revise the individualized education program.
Meetings shall be conducted to determine eligibility and to develop, review and revise a Page

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
pupil's individualized education program. Such meetings shall be scheduled at a mutually
agreed upon time and place, and notice of the meetings shall indicate the purpose, time,
location and participants. If the parents/guardians cannot attend the meetings, the chief
school administrator/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 parent/guardian participation.
Parents/guardians shall receive a copy of the pupil's IEP and of any revisions made to it.
All communication with parents/guardians, including written notice, notifications and required
meetings, shall be conducted in the language used for communication by the parent/guardian
and pupil unless it is not feasible to do so. This shall include providing foreign language
interpreters or translators and sign language interpreters for the deaf at no cost to the
parents.
The IEP shall be developed and monitored with the cooperation and input of
parents/guardians. In addition to educational programming, the IEP shall provide for
necessary disciplinary action and specify graduation requirements when appropriate. Any
accommodations and/or modifications for the administration of statewide assessments shall
be specified in the IEP.
1. No more than 90 calendar days after parental consent has been received shall be
allowed for the evaluation, determination of eligibility and, if the pupil is eligible, the
development and implementation of the IEP. The IEP shall be implemented as soon as
possible following the IEP meeting.
2. The Board of education will provide the kind and quality of those special educationrelated services prescribed in the IEP to enable educationally disabled pupils to
participate in regular educational programs to the maximum extent appropriate. Such
education-related services shall include transportation, ensuring that hearing aids worn
by deaf and/or hard of hearing children in school are functioning properly, etc.
J.

Protection of pupils rights in regard to evaluation and reevaluation procedures according to
N.J.A.C. 6A:14-3.4 and 3.8
Procedures shall provide all due process protection for the rights of the pupil and his/her
parents/ guardians whether the pupil is already enrolled in the schools or has been located
through the process for identification in the section D of this policy.
In order to achieve the district's goal of providing full educational opportunity to all
educationally disabled pupils in accordance with the administrative code, parent/guardian
participation shall be sought in every successive stage of the special education decisional
process. All notifications shall be made and all necessary conferences conducted in the Page

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
language used for communication by the parent/guardian and the pupil unless it is not
feasible to do so, in which case the provisions of administrative code shall be followed. The
chief school administrator shall develop and present to the Board for review and adoption
procedures for:
1. Giving notice to parents/guardians and adult pupils in accordance with N.J.A.C. 6A:142.3 when an initial request is being made for consent to evaluate or when a proposal has
been made to initiate or change a classification, evaluation or educational placement of
the pupil, or the provision of a free, appropriate education. For each instance, all required
information and documentation shall be supplied to the parents/guardians within the
timelines set by the administrative code. Particular care must be taken to inform
parents/guardians and adult pupils of their right to review all educational records with
respect to the identification, evaluation and educational placement of the pupil; to appeal
these by requesting a due process hearing; and their rights in regard to free and low cost
legal services and legal fees;
2. An independent evaluation at the request of the parent/guardian or adult pupil in
accordance with N.J.A.C. 6A:14-2.5(c). Such independent evaluation shall be at no cost
to the parent/guardian if it is conducted in compliance with administrative code, unless
the district 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. The
IEP team shall consider any independent evaluation submitted to it when making
decisions regarding special education and/or related services;
3. Mediation when disputes arise during any stage of the special education process which
cannot be settled between the original parties. A due process hearing may be initiated by
the Board of education, a parent/guardian or adult pupil;
4. Ensuring what all evaluation procedures, including but not limited to observations, tests
and interviews used to determine eligibility and placement of disabled pupils, shall
comply with the requirements of N.J.A.C. 6A:14-3.4, 3.5 and 3.7.
K. Placement of educationally disabled pupils in the least restrictive environment according to
N.J.A.C. 6A:14-4.2
Educational placement decisions made for each disabled pupil shall always be, insofar as
possible, in the least restrictive environment commensurate with the pupil's educational
needs. This means that to the maximum extent appropriate, educationally disabled pupils
shall be educated with children who are not educationally disabled. These decisions should
be designed to produce a positive effect on the pupil and to ensure the quality of services
which he/she requires.
The chief school administrator shall encourage positive attitudes toward the educationally
disabled in all district pupils and personnel.

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
Special classes, separate schooling or other removal of educationally disabled pupils from
the regular educational environment shall occur only when the nature or severity of the
disability is such that education in regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily.
In order to ensure a continuum of alternative placements, when the Board cannot provide
required instruction and related services from its own resources and facilities, it will seek
appropriate placement outside the district and will assume such costs of that placement as
are required by law.
Placement of a disabled pupil in the least restrictive environment shall be determined
annually. Placement shall be provided in appropriate educational settings as close to home
as possible. When the IEP does not describe specific restrictions, the pupil shall be educated
in the school he/she would attend if not disabled.
L. Establishment and implementation of procedural safeguards according to N.J.A.C. 6A:14-2.3
through –2.4 and N.J.A.C. 1:6A
The Board of education directs the chief school administrator to establish and implement the
required procedural safeguards.
Procedural safeguards shall include:
1. Giving notice to parents/guardians per N.J.A.C. 6A:14-2.3 when an initial request is being
made for consent to evaluate or when a proposal has been made to initiate or change a
classification, evaluation or educational placement of the pupil, or the provision of a free,
appropriate education. For each instance, all required information and documentation
shall be supplied to the parents/ guardians within the timelines set by the administrative
code. Particular care must be taken to inform parents/guardians of their right to appeal
and their rights in regard to legal fees
2. Seeking consent of parents/guardians to the actions in 1, when such consent is required;
3. Seeking parent/guardian participation in conferences and determinations as specified in
1, and in evaluation of the success of the educational plan for their child. When
necessary, conference schedules shall be altered to accommodate working
parents/guardians;
4. Mediation when disputes arise during any stage of the special education process which
cannot be settled between the original parties.
The chief school administrator shall ensure that the district's special education programs
comply with the law in every respect, including fiscal regulations and reports.

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
These procedures shall provide all due process protection for the rights of the pupil and
his/her parents/guardians. Procedures shall be conducted in strict compliance with the
provisions of the administrative code dealing with parental notification, consent and
involvement, including determination of the parents/guardians' dominant language and
necessary accommodations if the language is other than English or if the parents/guardians
are deaf.
To implement achievement of the Board's goal for provision of special education, the chief
school administrator shall oversee development of a written plan for special education
conforming to the state plan for the educationally disabled. The plan shall consist of policies,
procedures, assurances; a comprehensive system of personnel development; data collection
and an application that describes the use of IDEA Part B funds.
M. Complying with other aspects of the district program for special education and/or
requirements of N.J.A.C. 6A:14
Written Plan
To implement achievement of the Board's goal for provision of special education, the chief school
administrator shall oversee development of a written plan for special education conforming to the
state plan for the educationally disabled. After the plan has been approved by the Board of
education and the executive county superintendent, the chief school administrator shall
implement it in this district and supervise its operation so that it will accomplish its stated goals
and objectives. The plan, any alterations to it, and an evaluation of its effectiveness will be shared
annually with the community.
Discipline
In general, educationally disabled pupils are subject to the same disciplinary constraints and
sanctions as nondisabled pupils. However, before disciplinary action is taken against an
educationally disabled pupil, consideration must be given to whether the behavior is caused by
the disabling condition, whether the program that is being provided meets the pupil's needs,
whether a component of the pupil's IEP covers the behavior, or whether the pupil is an immediate
danger to himself/herself or others.
A disabled pupil may be removed for disciplinary reasons from his/her current educational
placement to an interim alternative educational setting, another setting, or a suspension without
the provision of educational services for up to 10 consecutive or cumulative school days in a
school year.
Such suspensions are subject to the same district Board of education procedures as nondisabled
pupils. However, at the time of removal, the principal shall forward written notification and a
description of the reasons for such action to the case manager.

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 File Code: 6171.4
SPECIAL EDUCATION (continued)
Procedures for imposing and implementing disciplinary sanctions on educationally disabled
pupils, including removal to an interim alternative educational setting, suspension for more than
10 school days in a school year, or expulsion, shall be in strict compliance with the provisions of
state and federal law and the administrative code. (See N.J.A.C. 6A:14-2.8, 3.7 and Appendix A)
Early Intervention
The chief school administrator or designee shall gather and make available to parents/guardians
of disabled children below the age of three information regarding ameliorative services and
programs provided by other state, county and local agencies. The procedures for such
dissemination shall be reviewed and adopted by the Board.
Preschool Disabled Program
The chief school administrator shall develop and propose for Board adoption programs and
related services for pupils ages three through five who have been identified and classified as
preschool disabled. Such programs and services shall be in strict accordance with New Jersey
administrative code.
Placement in Nonpublic Schools
The Board shall provide a genuine opportunity for the equitable participation of pupils with
disabilities who have been enrolled in nonpublic schools by their parents/guardians, in
accordance with federal law and regulations. All special education programs and services shall
be provided with the consent of parents/guardians.
Pupils shall receive programs and services as specified in N.J.A.C. 6A:14-6.1.
Limited English Proficient
Pupils with limited English proficiency may have educationally disabling conditions that must be
addressed in order to provide them the full educational opportunity that is the goal of the district
for every child. Evaluation procedures shall be selected so that the pupil's cultural background
and language abilities are taken into consideration unless it is clearly unfeasible to do so; and
shall accurately reflect the pupil's ability rather than the impairment. All actions under
Parent/Guardian Notification, Consent and Participation are to be conducted in the
parents/guardians' dominant language, unless that is clearly impossible. In that case, care shall
be taken that the facts and procedures are made intelligible to the parents/guardians.
Cooperation with Other Agencies
The chief school administrator shall investigate the possibilities of working with organizations and
agencies providing services for the disabled, and shall present feasible programs and
relationships to the Board for consideration.

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
Evaluation of Program
At least annually, the Board shall review in a public meeting evidence of progress toward
achievement of the special education plan as a whole, the success of identification procedures
specifically, and the effectiveness of implementation of IEPs.
Eligibility for State and Federal Funds
The chief school administrator shall ensure that all requirements for receiving, using and
accounting for state and federal funds shall be fulfilled in an accurate and timely manner.
Procurement, control, use and disposition of equipment and supplies purchased with state/federal
funds shall be in full compliance with law.
Access
In addition to educational programs, the Board directs that the chief school administrator take into
consideration physical access to district facilities for disabled pupils, staff and the community in
determining location of programs or planning new facilities per state and federal law.
Addendum to 6171.4 Special Education Policy
New Jersey Department of Education Office of Special Education Programs
Board of Education Policies and Procedures
for Eligibility under Part B of the IDEA
for 2008-2009
The Roselle Park Board of Education assures compliance with Part B of the Individuals with
Disabilities Education Act (IDEA) and the New Jersey Administrative Code 6A:14-1 et seq.
Furthermore, the Board will have programs and procedures in effect to ensure the following:
1. All pupils with disabilities, who are in need of special education and related services,
including pupils with disabilities attending nonpublic schools, regardless of the severity of
their disabilities, are located, identified, and evaluated according to N.J.A.C. 6A:14-3.3;
2. Homeless pupils are located, identified, and evaluated according to N.J.A.C. 6A:14-3.3,
and are provided special education and related services in accordance with the IDEA,
including the appointment of a surrogate parent for unaccompanied homeless youths as
defined in 42 U.S.C. §§11431 et seq.;
3. Pupils with disabilities are evaluated according to N.J.A.C. 6A:14-2.5 and 3.4;
4. An Individualized Education Program (IEP) is developed, reviewed and; as appropriate,
revised according to N.J.A.C. 6A:14-3.6 and 3.7;

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
5. To the maximum extent appropriate, pupils with disabilities are educated in the least
restrictive environment according to N.J.A.C. 6A:14-4.2;
6. Pupils with disabilities are included in State-wide and district-wide assessment programs
with appropriate accommodations, where necessary according to N.J.A.C. 6A:14-4.10.
All pupils with disabilities will participate in State-wide assessments or the applicable
Alternative Proficiency Assessment in grades three, four, five, six, seven, eight, and
eleven in accordance with their assigned grade level.
7. Pupils with disabilities are afforded procedural safeguards required by N.J.A.C. 6A:14-2.1
et seq., including appointment of a surrogate parent, when appropriate
8. A free appropriate public education is available to all pupils with disabilities between the
ages of three and twenty-one, including pupils with disabilities who have been suspended
or expelled from school.
a. The obligation to make a free, appropriate pubic education available to each
eligible pupil begins no later than the pupil's third birthday and that an
individualized education program (IEP) is in effect for the pupil by that date;
b. If a child's third birthday occurs during the summer, the child's IEP Team shall
determine the date when services under the IEP will begin;
c.

A free appropriate public education is available to any pupil with a disability who
is eligible for special education and related services, even though the pupil is
advancing from grade to grade;

d. The services and placement needed by each pupil with a disability to receive a
free, appropriate public education are based on the pupil's unique needs and not
on the pupil's disability; and
e. The services and placement needed by each pupil with a disability to receive a
free, appropriate public education are provided in appropriate educational
settings as close to the pupil's home as possible and, when the IEP does not
describe specific restrictions, the pupil is educated in the school he or she would
attend if not a pupil with a disability.
9. Children with disabilities participating in early intervention programs assisted under IDEA
Part C who will participate in preschool programs under N.J.A.C. 6A:14 will experience a
smooth transition and have an IEP developed and implemented according to N.J.A.C.
6A:14-3.3(e) and N.J.A.C. 6A:14-3.7.
10. Full educational opportunity to all pupils with disabilities is provided;
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 File Code: 6171.4
SPECIAL EDUCATION (continued)
11. The compilation, maintenance, access to, and confidentiality of pupil records are in
accordance with N.J.A.C. 6A:32-7;
12. Provision is made for the participation of pupils with disabilities who are placed by their
parent(s) in nonpublic schools according to N.J.A.C. 6A:14-6.1 and 6.2;
13. Pupils with disabilities who are placed in private schools by the district Board are
provided special education and related services at no cost to their parent(s) according to
N.J.A.C. 6A:14-1.1(d) and N.J.A.C. 6A:14-7.5(b)3;
14. All personnel serving pupils with disabilities are highly qualified and appropriately certified
and licensed, where a license is required, in accordance with State and Federal law;
15. The in-service training needs for professional and paraprofessional staff who provide
special education, general education or related services are identified, and that
appropriate in-service training is provided. The district Board shall maintain information to
demonstrate its efforts to:
a. Prepare general and special education personnel with content knowledge and
collaborative skills needed to meet the needs of children with disabilities;
b. Enhance the ability of teachers and others to use strategies, such as behavioral
interventions, to address the conduct of pupils with disabilities that impedes the
learning of pupils with disabilities and others;
c.

Acquire and disseminate to teachers, administrators, school Board members,
and related services personnel, significant knowledge derived from educational
research and other sources and how the district will, if appropriate, adopt
promising practices, materials and technology;

d. Ensure that the in-service training is integrated to the maximum extent possible
with other professional development activities; and
e. Provide for joint training activities of parent(s) and special education, related
services and general education personnel.
16. Instructional material will be provided to blind or print-disabled pupils in a timely manner.
17. For pupils with disabilities who are potentially eligible to receive services from the
Division of Developmental Disabilities in the Department of Human Services the district
will provide, pursuant to the Uniform Application Act, N.J.S.A. 30:4-25.10 et seq., the
necessary materials to the parent(s) to apply for such services.

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
18. The school district will not accept the use of electronic mail from the parent(s) to submit
requests to a school official regarding referral, identification, evaluation, classification,
and the provision of a free, appropriate public education.
19. The school district will provide teacher aides and the appropriate general or special
education teaching staff time for consultation on a regular basis as specified in each
pupil's IEP.
The school district shall provide an Assurance Statement to the County Office of Education that
the Board of Education has adopted the required special education policies and
procedures/regulations and the district is complying with the mandated policies and
procedures/regulations.
Adopted: September 2, 2008
Revised: April 21, 2009
Revised: March 16, 2010
Revised: January 22, 2013
Legal References:

N.J.S.A. 10:5-1 et seq.
N.J.S.A. 18A:46-1 et seq.
See particularly:
N.J.S.A. 18A:46-13
N.J.S.A. 18A:46A-1 et seq.
N.J.A.C. 5:23-7
N.J.A.C. 6A:7-1.7
N.J.A.C.
N.J.A.C.
N.J.A.C.
N.J.A.C.

6A:8-1.2
6A:8-1.3
6A:8-3.1
6A:8-4.1 et seq.

N.J.A.C. 6A:8-5.1 et seq.
N.J.A.C. 6A:9-1.1 et seq.
See particularly:
N.J.A.C. 6A:9-11.3
N.J.A.C. 6A:14-1.1 et seq.
N.J.A.C. 6A:15-1.4

Law Against Discrimination
Classes and Facilities for Handicapped
Children
Auxiliary Services
Barrier free subcode of the uniform
construction code
Equality in school and classroom
practices
Scope
Definitions
Curriculum and instruction
Implementation of the Statewide
Assessment System
Implementation of Graduation
Requirements
Professional Licensure and Standards
Special Education
Bilingual programs for limited English
proficient students
Finance and Business Services

N.J.A.C. 6A:23-1.1 et seq.
See particularly:
N.J.A.C. 6A:23-3.4, -4.1 et seq.
N.J.A.C. 6A:26-6.1 et seq.
Planning and Construction Standards for
School Facilities

N.J.A.C. 6A:30-1.1 et seq.

Evaluation of the Performance of School
Districts

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2300243v2

 File Code: 6171.4
SPECIAL EDUCATION (continued)
N.J.A.C.
N.J.A.C.
N.J.A.C.
N.J.A.C.

Cross References:

6A:32-7.1 et seq.
6A:32-8.3
6A:32-12.1
6A:32-14.1

Student Records
School attendance
Reporting requirements
Review of mandated programs and
services
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et
seq.
20 U.S.C.A. 1400 et seq. - 1990 Individuals With Disabilities Education
Act, P.L. 101-476 (formerly Education for All Handicapped Children
Act--Part B)
29 U.S.C.A. 794 et seq. - Section 504 of the Rehabilitation Act of 1973
34 CFR 76.1 et seq. - General Administrative Regulation EDGAR
34 CFR 77.1 et seq. - General Administrative Regulation EDGAR
34 CFR 300 - Assistance to States for the Education of Children with
Disabilities (IDEA Regulations)
Agostini v. Felton, 521 U.S. 203 (1997), overruling Aguilar v. Felton,
473 U.S. 402 (1985)
Honig v. Doe, 484 U.S. 305 (1988)
Oberti v. Board of Education of Clementon School District, 995 F.2d
1204,1216-17 (C. A.3 1993)
Cedar Rapids Community School District v. Garrett F., 526 U.S. 66
(1999)
Manual for the Evaluation of Local School Districts
*1120
Board of education meetings
*4112.2
Certification
*4131/4131.1 Staff development; inservice
education/visitations/conferences
*5114
Suspension and expulsion
*5120
Assessment of individual needs
*5125
Pupil records
*5131
Conduct/discipline
*5200
Nonpublic school pupils
*6121
Nondiscrimination/affirmative action
*6145
Extracurricular activities
*6151
Class size
*6164.2
Guidance services
*6164.4
Child study team
*9322
Public and executive sessions

*Indicates policy is included in the Critical Policy Reference Manual.

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2300243v2