2461 SPECIAL EDUCATION/RECEIVING SCHOOLS
(M)
M
To demonstrate
compliance with N.J.A.C. 6A:14 and the Individuals with Disabilities Education
Act, the Board adopts policies and regulations/procedures that are
required. These policies and regulations/procedures will be submitted
with a Special Education Assurance Statement for Receiving Schools for Policies
and Procedures to the County Office of Education for approval.
1. Pupils
with disabilities who are placed in a receiving school by a district Board of
Education must have an Individualized Education Program (IEP) in effect prior
to the delivery of services.
a. Procedures
regarding the pupil’s IEP shall be developed and implemented to ensure that the
receiving school determines whether the pupil’s IEP can be implemented in that
setting prior to accepting the pupil [N.J.A.C. 6A:14-7.5(b)1]; and
b. The
pupil’s teacher and, if appropriate, the pupil and other representatives of the
receiving school will participate in meetings according to N.J.A.C. 6A:14-2.3(i)2.
2. The
receiving school will collaborate with the sending district Board of Education
in the provision of a free, appropriate public education for the population
served including pupils with disabilities who are suspended.
a. Procedures
regarding the provision of a free, appropriate public education to pupils with
disabilities who are suspended will be developed and implemented to ensure that
school officials responsible for implementing suspensions/expulsions in the
receiving school are identified.
b. Each
time a pupil with a disability is removed from his/her current placement for
disciplinary reasons, notification of the removal is provided to the case
manager of the sending district.
c. A
system will be in place to track the number of days a pupil with disabilities
has been removed for disciplinary reasons.
d. Suspension
from transportation is counted as a day of removal if the pupil does not attend
school.
e. Removal
for a portion of the school day is counted proportionately.
f. If
the receiving school has an in-school suspension program, participation in the
program is not counted as a day of removal if the program provides the
following:
(1) Opportunity
for the pupil to progress in the general curriculum;
(2) Services
and modifications specified in the pupil’s IEP;
(3) Interaction
with peers who are not disabled to the extent they would have interaction with
in the current placement; and
(4) The
pupil is counted as present for the time spent in the in-school suspension
program.
g. When
a series of short-term removals will accumulate to more than ten school days in
the year:
(1) School
officials of the receiving school and the sending district case manager will
consult to determine whether the removals create a change of placement
according to N.J.A.C. 6A:14-2.8(b)2;
(2) Written
documentation of the consultation between school officials and the case manager
of the sending district will be maintained;
(3) If
it is determined there is no change in placement, school officials and, the
case manager of the sending district and special education teacher will consult
to determine the extent to which services are necessary to:
(a) Enable
the pupil to progress appropriately in the general education curriculum; and
(b) Advance
appropriately toward achieving the goals set out in the pupil’s IEP.
(4) Written
documentation of the consultation and services provided will be maintained.
h. Steps
will be in place to review the behavioral intervention plan and if necessary
convene the IEP team as required according to N.J.A.C. 6A:14 Appendix D, 34
C.F.R. §300-520(c)(1) and (2).
3. The
compilation, maintenance, access to and confidentiality of pupil records will
be in accordance with N.J.A.C. 6:3-6.
a. The
IEP will be accessible to each teacher or service provider in accordance with
N.J.A.C. 6A:14-3.7(a)2.
b. All
pupil records will be returned to the sending district within fifteen calendar
days of a pupil’s last day of enrollment.
4. Pupils
with disabilities, who are placed in receiving schools by a district Board of
Education, will be provided special education and related services at no cost
to their parents or legal guardian(s).
5. The
programs and services provided by the receiving school will be in accordance
with the requirements of N.J.A.C. 6A:14-1.1 et seq.
a. If
a change in the delivery of special education or related services is necessary
due to a change in personnel or pupil need, the receiving school will contact
the sending district to convene an IEP team meeting to review and, if
appropriate, revise the IEP.
6. All
personnel serving pupils with disabilities will be appropriately certified and
licensed where a license is required as stated in N.J.A.C. 6:11.
7. The
receiving school will terminate the placement of a pupil with disabilities
according to N.J.A.C. 6A:14-7.7(a) and (a)1.
8. The
in-service training needs for professional and paraprofessional staff who
provide special education, general education or related services will be
identified and appropriate in-service training will be provided. The receiving
school will maintain information to demonstrate its efforts to:
a. Prepare
general and special education personnel with the 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. Insure
that the in-service training is integrated to the maximum extent possible with
other professional development activities;
e. Provide
for joint training activities of parents and special education, related
services and general education personnel; and
f. Procedures
shall be developed and implemented to ensure that the training needs of
paraprofessionals, professionals and parents of pupils with disabilities in the
five specified areas are identified and met.
Adopted:
12 March 2007
Revised:
9 February 2009