N.J. Stat. tit. 18A, ch. 46

N.J. Stat. tit. 18A, ch. 46
in effect

N.J. Stat. § 18A:46-1 Definitions.

18A:46-1. As used in this chapter, a child with a disability shall mean and include any child who has: an intellectual disability, a visual impairment, an auditory impairment, a communication impairment, a neurological or perceptual impairment, an orthopedic impairment, a chronic illness, an emotional disturbance impairment, multiple disabilities, autism spectrum disorder, a traumatic brain injury, other health impairments, a specific learning disability, or is deaf-blind, or a pre-schooler with a disability. amended 1981, c.415, ss.6,9 (amended 1982, c.100); 1990, c.52, s.55; 2010, c.50, s.13; 2017, c.131, s.34.

N.J. Stat. § 18A:46-1.1 Burden of proof, production on school district relative to special education due process hearings.

1. Whenever a due process hearing is held pursuant to the provisions of the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto, regarding the identification, evaluation, reevaluation, classification, educational placement, the provision of a free, appropriate public education, or disciplinary action, of a child with a disability, the school district shall have the burden of proof and the burden of production. L.2007, c.331, s.1.

N.J. Stat. § 18A:46-1.2 Database relative to legal decisions concerning special education to be available on website.

1. a. The Department of Education shall make available on its website an electronic database of legal decisions concerning special education in New Jersey. The purpose of the database shall be to provide parents, school districts, child study team members, and other interested members of the public with easily accessible information on legal decisions regarding New Jersey special education matters. b. The database shall contain a full-text copy of each written decision rendered by the New Jersey Office of Administrative Law in a special education due process hearing, and, if the decision is appealed, any subsequent decision on the matter rendered by a court of the State of New Jersey or a federal court. The database shall include each special education decision rendered after the effective date of this act. c. The department may meet the requirements of this section by maintaining the database directly on its website or by entering into a memorandum of understanding with another entity or organization that maintains an electronic database of the legal decisions, provided that the database is easily accessible to the general public and the department's website contains a link to the database or information on how to access and use the database. L.2017, c.103, s.1.

N.J. Stat. § 18A:46-1.3 Due process hearing request, filing deadline.

1. a. Notwithstanding the provisions of the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, regulations promulgated thereto, and any other law, rule, or regulation to the contrary, a request for a due process hearing made by a parent, guardian, or local educational agency regarding the identification, evaluation, educational placement, or the provision of a free and appropriate public education of a child with a disability during a COVID-19 school closure or a period of virtual, remote, hybrid, or in-person instruction accruing between March 18, 2020 and September 1, 2021 may be filed at any time prior to September 1, 2023. b. A local educational agency shall, not later than December 31, 2022, or earlier if requested by a parent or guardian, hold an Individualized Education Program (IEP) team meeting to discuss the need for compensatory education and services for every student with a disability who had an IEP at any time between March 18, 2020 and September 1, 2021. Notification of the IEP meeting shall indicate that a purpose of the meeting is to discuss the need for compensatory education and services for the period from March 18, 2020 to September 1, 2021. Following the meeting, written notice shall be provided to a parent or guardian in accordance with N.J.A.C.6A:14-1.1 et seq. and shall indicate all determinations made by the IEP team with respect to the need for and, if applicable, the provision of, compensatory education and services. All compensatory education and services deemed appropriate by the IEP team, including their frequency, duration, location, and agreed upon time period for delivery, shall be documented in an IEP in accordance with the provisions of N.J.A.C.6A:14-1.1 et seq. and provided as indicated therein. A parent or guardian may file for a due process hearing at any time, up to and including September 1, 2023, to challenge the determinations of the IEP team if the parent or guardian disagrees with the determinations. c. If a local educational agency has held an IEP team meeting prior to the effective date of this act and discussed the need for compensatory education and services for a student with a disability who had an IEP at any time between March 18, 2020 and September 1, 2021, and documented the IEP team's determinations pursuant to subsection b. of this section, the local educational agency shall not be required to hold an additional IEP meeting for purposes of this section unless agreed to by a parent or guardian and the local educational agency. A parent or guardian may file for a due process hearing at any time, up to and including September 1, 2023, to challenge the determinations of the IEP team. d. If a parent or guardian filed for mediation or a due process hearing with respect to the need for compensatory education and services for a student with a disability who had an IEP at any time between March 18, 2020 and September 1, 2021, and the matter was resolved as a result of the mediation or a settlement agreement executed by the parties or a judicial or administrative order, then the parent or guardian shall be barred from filing the same claims for the same time period addressed in the prior filing. e. The provisions of this section shall not apply to any student subject to the provisions of P.L.2021, c.109 (C.18A:46-6.3), and all claims for compensatory or additional services for the time period from March 18, 2020 through September 1, 2021 for students subject to the provisions of P.L.2021, c.109 (C.18A:46-6.3) shall be addressed pursuant to the provisions of P.L.2021, c.109 (C.18A:46-6.3). L.2022, c.2.

N.J. Stat. § 18A:46-1.4 Written statement regarding review of Individualized Education Program.

1. a. Not less than two business days prior to the annual team meeting concerning the review of an Individualized Education Program (IEP) for a special education student, the public school shall provide the student's parent or guardian with a written statement of items to be discussed at the meeting. The written statement of items shall be delivered to the parent or guardian by regular mail and, if the school maintains the parent's or guardian's email address on file, by electronic mail. b. The written statement of items required pursuant to subsection a. of this section shall include: (1) the student's current levels of academic and functional performance; (2) a list of the names of any required IEP team members who are seeking excusal from participation in the IEP team meeting, accompanied by any excused IEP team member's input with respect to the programs and services for which the member is responsible. The list provided pursuant to this subsection shall be in addition to any requests for consent for excusal that are included with the notice of the IEP team meeting date and participants that is provided in accordance with federal and State law and regulation; and (3) an invitation for the parent or guardian to provide input and feedback as to the programs and services proposed in the student's IEP. L.2025, c.107.

N.J. Stat. § 18A:46-2 Coordination, administration of special educational services.

18A:46-2. The commissioner shall be responsible for the coordination of the work of the county departments of child study and the general administration of special educational services in the public schools of this State. In order to carry out the provisions of this chapter, the commissioner shall appoint staff persons qualified to administer educational services in the general field of education for children with disabilities pursuant to N.J.S.18A:46-1, including each of the disability groups identified in N.J.S.18A:46-1, and a consultant experienced in child psychiatry, and specialists in school psychology, health service, school social work, learning disabilities and special education and such other qualified personnel as the commissioner shall deem necessary and the commissioner shall fix their compensation with the approval of the State board. The commissioner shall appoint biannually an advisory council with the approval of the State board which will consist of not less than seven nor more than 15 members representative of public and private professional and lay interests. The advisory council shall advise in the promulgation of rules, regulations, and the implementation of this chapter and the establishment of standards and qualifications for the professional personnel. The council shall serve without remuneration. amended 1973, c.7; 1981, c.415, ss.7,9 (amended 1982, c.100); 1990, c.52, s.56; 2010, c.50, s.14; 2017, c.131, s.35.

N.J. Stat. § 18A:46-2.1 Legislative findings

The Legislature finds that impaired hearing can greatly handicap a child's ability to acquire language and develop speech. This can have a profoundly negative effect, not only on the child's intellectual development, but on his emotional and social development as well. The Legislature further finds that in order to safeguard the well-being of those children in this State with significant hearing loss it is of the utmost importance that they be provided with adequate educational services. This bill attempts to insure that the educational needs of all hearing impaired children are met by establishing within the Department of Education the position of coordinator of deaf education. L.1981, c. 351, s. 1, eff. Dec. 24, 1981.

N.J. Stat. § 18A:46-2.2 Coordinator for persons who are deaf or have a hearing impairment.

2. The Commissioner of Education shall appoint a coordinator of education for persons who are deaf or have a hearing impairment. L.1981, c.351, s.2; amended 2017, c.131, s.36.

N.J. Stat. § 18A:46-2.3 Duties.

3. The duties of the coordinator of education for persons who are deaf or have a hearing impairment shall include evaluating, coordinating and developing local, county, regional, and State-operated educational programs and services for children who are deaf or have a hearing impairment. L.1981, c.351, s.3; amended 2017, c.131, s.37.

N.J. Stat. § 18A:46-2.4 Office of the Special Education Ombudsman.

1. a. There is established in the Department of Education the Office of the Special Education Ombudsman. The purpose of the ombudsman is to serve as a resource to provide information and support to parents, students, and educators regarding special education rights and services. b. The Commissioner of Education shall appoint a Special Education Ombudsman, who shall be qualified by training and experience to perform the duties of the office. The ombudsman shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism. c. The ombudsman shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the ombudsman's duties. L.2015, c.219, s.1.

N.J. Stat. § 18A:46-2.5 Duties.

2. a. The duties of the Special Education Ombudsman shall include, but need not be limited to, the following: (1) to serve as a source of information for parents, students, educators, and interested members of the public to help them better understand State and federal laws and regulations governing special education; (2) to provide information and support to parents of students with disabilities in navigating and understanding the process for obtaining special education evaluations and services; (3) to provide information and communication strategies to parents and school districts for resolving a disagreement regarding the identification, evaluation, classification, placement, provision of a free, appropriate public education, or disciplinary action, of a student with a disability; and to educate parents on the available options for resolving such disputes, including due process hearings, mediation, and other alternative dispute resolution processes; (4) to work neutrally and objectively with all parties to help ensure that a fair process is followed and that the special education system functions equitably and as intended; (5) to identify any patterns of complaints that emerge regarding special education rights and services, and to recommend strategies for improvement to the Department of Education; (6) to assist the Department of Education in creating public information programs designed to acquaint and educate parents and the public about the ombudsman's duties; and (7) to serve as a resource for disability-related information and referrals to other available programs and services for individuals with disabilities, including early intervention and transition to adult life. b. The ombudsman shall treat communications received in the course of his duties, including personally identifiable information regarding students, parents, and others from whom information is acquired, as confidential, except when disclosure is necessary to enable the ombudsman to perform the duties of the office and consent for disclosure is obtained. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not disclose or disseminate the information except as provided by applicable State or federal law. L.2015, c.219, s.2.

N.J. Stat. § 18A:46-2.6 Annual report.

3. The Special Education Ombudsman shall make an annual report to the State Board of Education and the Commissioner of Education, which includes a summary of the services the ombudsman provided during the year, and any specific recommendations the ombudsman deems appropriate and necessary concerning the State's implementation of special education procedures and services. L.2015, c.219, s.3.

N.J. Stat. § 18A:46-2.7 Short title.

1. This act shall be known and may be cited as the "Deaf Student's Bill of Rights Act." L.2019, c.204, s.1.

N.J. Stat. § 18A:46-2.8 "Deaf Student's Bill of Rights."

2. The Legislature recognizes that children who are deaf, hard of hearing, or deaf-blind who utilize one or more modes of communication have the same rights and potential as children who are not deaf, hard of hearing, or deaf-blind. Therefore, the Legislature recognizes the following "Deaf Student's Bill of Rights." a. School districts shall provide children who are deaf, hard of hearing, or deaf-blind appropriate screening and assessment of hearing and vision capabilities and communication and language needs at the earliest possible age and the continuation of screening and evaluation services throughout the educational experience. b. School districts shall provide children who are deaf, hard of hearing, or deaf-blind with individualized and appropriate early intervention to support the acquisition of solid language bases developed at the earliest possible age. c. School districts shall inform the parents or guardians of children who are deaf, hard of hearing, or deaf-blind of all placement considerations, including the Marie H. Katzenbach School for the Deaf, and options available to children who are deaf, hard of hearing, or deaf-blind and provide opportunities for parents and guardians to fully participate in the development and implementation of their child's education plan. d. School districts shall strive to provide children who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate with adult role models who are deaf, hard of hearing, or deaf-blind and who utilize varied communication modalities to learn advocacy skills, including self-advocacy. e. School districts shall provide children who are deaf, hard of hearing, or deaf-blind opportunities to meet and associate with their peers in the school environment and during school-sponsored activities. f. School districts shall provide direct instruction to children who are deaf, hard of hearing, or deaf-blind. g. School districts shall include a communication plan in the Individualized Education Program of a student who is deaf, hard of hearing, or deaf-blind, and in the educational plan prepared pursuant to section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. s.794 for a student who is deaf, hard of hearing, or deaf-blind. h. School districts shall provide children who are deaf, hard of hearing, or deaf-blind placement that is best suited to the child's individual needs including, but not limited to, social, emotional, communication, and cultural needs, with consideration for the child's age, degree and type of hearing loss, academic level, mode of communication, style of learning, motivational level, and amount of family support. i. School districts shall provide children who are deaf, hard of hearing, or deaf-blind individual considerations for free, appropriate education across a continuum of placement options required by law. j. School districts shall provide children who are deaf, hard of hearing, or deaf-blind full support services provided by qualified and certified professionals in their educational settings. The Department of Education through the coordinator for educational programs shall work with school districts to ensure technical assistance is available to support boards of education in meeting the needs of children who are deaf, hard of hearing, or deaf-blind. As used in this subsection, "technical assistance" means guidance and support provided to a school district to enable the school district to meet State and federal policy and regulatory requirements and to ensure the provision of a thorough and efficient education. k. School districts shall provide children who are deaf, hard of hearing, or deaf-blind full communication access to all programs in their educational settings including, but not limited to, extracurricular activities, recess, lunch, media showings, driver education, and public announcements. l. School districts shall ensure that parents and guardians of children who are deaf, hard of hearing or deaf-blind receive information from appropriately qualified and certified professionals on the medical, ethical, cultural, and linguistic issues of individuals who are deaf, hard of hearing, or deaf-blind. m. School districts shall ensure that children who are deaf, hard of hearing, or deaf-blind have direct access to mental health services and supporting services from qualified and certified providers fluent in the student's primary mode of communication, including American Sign Language. L.2019, c.204, s.2.

N.J. Stat. § 18A:46-2.9 Construction of act.

3. Nothing in this act shall be construed to give any greater rights or protections than can be found under the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., or section 504 of the federal "Rehabilitation Act of 1973," 29 U.S.C. s.794, or any other federal law. L.2019, c.204, s.3.

N.J. Stat. § 18A:46-2.10 Working Group on Deaf Education.

1. a. There is established in the Department of Education a Working Group on Deaf Education for the purpose of making recommendations on issues related to the early linguistic development of children who are deaf or hard of hearing. b. The working group shall consist of 15 members appointed by the Commissioner of Education including: (1) a parent of a child who is deaf or hard of hearing who uses the dual languages of American Sign Language and English; (2) a parent of a child who is deaf or hard of hearing who uses only American Sign Language; (3) a parent of a child who is deaf or hard of hearing who uses only Listening and Spoken Language; (4) a certified teacher of deaf and hard of hearing students who use the dual languages of American Sign Language and Listening and Spoken Language; (5) a certified teacher of deaf and hard of hearing students employed at the Marie H. Katzenbach School for the Deaf; (6) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using American Sign Language and English; (7) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using Listening and Spoken Language; (8) an expert who holds a master's or doctorate degree who researches language outcomes for deaf and hard of hearing children using only American Sign Language; (9) a certified teacher of deaf and hard of hearing students whose expertise is in curriculum and instruction in American Sign Language and English; (10) an advocate for the teaching and use of the dual languages of American Sign Language and English; (11) an advocate for the teaching and use of Listening and Spoken Language; (12) an early intervention specialist, who is appropriately certified and, if required, licensed, who works with deaf and hard of hearing infants and toddlers using the dual languages of American Sign Language and English; (13) a certified teacher of deaf and hard of hearing students whose expertise is in American Sign Language and English language assessment; (14) a speech -language pathologist with expertise in Listening and Spoken Language for children who are deaf and hard of hearing; and (15) an audiologist who provides direct services in the classroom, including the educational management, verification, and fitting of appropriate amplification including hearing aids and hearing assistance technologies. c. Appointments to the working group shall be made within 30 days after the effective date of this act. Vacancies in the membership of the working group shall be filled in the same manner as the original appointments were made. L.2019, c.205, s.1.

N.J. Stat. § 18A:46-2.11 Duty of the working group.

2. a. It shall be the duty of the working group to examine, research, and make recommendations to the Department of Education and the Department of Health for: (1) the development of a resource guide for parents to monitor and track deaf and hard of hearing children's expressive and receptive language acquisition and developmental stages toward English literacy; (2) the selection of one or more early intervention assessments to be used by educators to assess the language and literacy development of deaf and hard of hearing children; and (3) the development of methods of evaluation to annually collect and publicly report data on language acquisition and developmental progress of children from birth to age five who are deaf or hard of hearing. b. The working group shall issue a report, including its recommendations, no later than one year after the working group organizes. L.2019, c.205, s.2.

N.J. Stat. § 18A:46-2.12 Development of parent resource guide.

3. a. The Department of Education, in an effort to assist deaf and hard of hearing children in becoming linguistically ready for kindergarten and in consultation with the Department of Health, shall develop a parent resource guide for use by parents of deaf and hard of hearing children. The parent resource guide shall: (1) help parents monitor and track deaf and hard of hearing children's expressive and receptive language acquisition and developmental stages toward English literacy by presenting language developmental milestones; (2) be appropriate for use, in both content and administration, with deaf and hard of hearing children from birth to five years of age, who use both or one of the languages of American Sign Language and English; (3) be written for clarity and ease of use by parents; (4) be aligned to existing instruments used by school districts to assess the development of children with disabilities pursuant to federal and State law; (5) include a statement that the parent resource guide is not a formal assessment of language and literacy development, and that a parent's observations of his child may differ from formal assessment data collected as part of a professional evaluation; and (6) include a statement that a parent may bring the parent resource guide to a child study team meeting for purposes of sharing observations about the child's development. b. The department shall incorporate the recommendations provided by the working group established pursuant to section 1 of this act into the parent resource guide. c. The department shall make the parent resource guide developed pursuant to this section publicly available on its website. L.2019, c.205, s.3.

N.J. Stat. § 18A:46-2.13 Development of guidance regarding early intervention assessments.

4. a. The Department of Education, in consultation with the Department of Health, shall, after consideration of the recommendations provided by the working group established pursuant to section 1 of this act, develop guidance regarding early intervention assessments to assess the language and literacy development of deaf and hard of hearing children. The guidance shall include information regarding the development of deaf and hard of hearing children's expressive and receptive language acquisition and the developmental stages toward English literacy of children who are deaf and hard of hearing, and shall be appropriate for the assessment of children from birth to five years of age. b. The department shall disseminate the guidance developed pursuant to this section to school districts. L.2019, c.205, s.4.

N.J. Stat. § 18A:46-2.14 Implementation of methods, collection, reporting of data.

5. The Department of Education and the Early Intervention Program in the Department of Health shall implement the methods developed by the working group pursuant to section 2 of this act to annually collect and publicly report data on the language acquisition and developmental progress of children from birth to age five who are deaf or hard of hearing. L.2019, c.205, s.5.

N.J. Stat. § 18A:46-2.15 Unique needs, students, documentation maintained in student records, safe participation in school fire, security drills; written plan, accommodations.

4. a. A school district, receiving school, and a nonpublic school shall ensure that a student's unique mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making needs in the event of a fire drill, school security drill,or an actual emergency situation that may occur on school grounds is maintained in the student record. The documentation maintained in the student record shall indicate whether or not the student is able to safely and fully participate in fire drills or school security drills without the use of supplementary supports, modifications, accommodations, or services, or if any accommodations are needed, including determining areas of refuge during an emergency. b. If it is determined that a student requires supplementary supports, modifications, accommodations, or services in order to safely and fully participate in a fire drill or school security drill, a written plan shall be maintained in the student record. The written plan shall: (1) describe the anticipated mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making support needs of the student during a fire drill or school security drill and during an actual emergency situation; (2) describe the supports, modifications, accommodations, and services to be provided to the student during a fire drill or school security drill and during an actual emergency situation; and (3) describe the role of school employees in supporting the student during a fire drill or school security drill and during an actual emergency situation, including the need for any specific training of school employees. c. A school district and, if applicable, a nonpublic school shall on a regular basis, but not less than once annually, perform a review of any determinations made pursuant to this section to evaluate the school security needs of a student. L.2023, c.212, s.4.

N.J. Stat. § 18A:46-3 Establishment of department of child study.

18A:46-3. When the results of a survey of children with disabilities in any county, in the opinion of the commissioner warrants it, the commissioner shall, with the approval of the State board, establish a department of child study which shall be charged with the duty of performing the services required to be performed at the county level under this chapter. The commissioner shall appoint for each county department of child study or, with the approval of the State board, for one or more county departments of child study, a supervisor, whose duties shall include the coordination of the special education services in the county, and such additional personnel, constituting a child study team as the commissioner deems necessary to perform such services for children with disabilities. In addition to the supervisor of child study, the members of each child study team shall include personnel qualified to administer, supervise, or otherwise perform the special education services required under this chapter. The county superintendent of the county, or the county superintendents of the counties served by one child study team jointly, shall, with the approval of the commissioner, designate a member of the child study team to serve as chair. In the event that the superintendents cannot agree, the chair shall be designated by the commissioner. Amended 2017, c.131, s.38.

N.J. Stat. § 18A:46-3.1 Regional consultants for children who are deaf or have a hearing impairment.

1. The Commissioner of Education shall appoint four regional consultants for children who are deaf or have a hearing impairment. The duties of these consultants shall include assisting the child study teams in the educational evaluation and placement of children who are deaf or have a hearing impairment and the development of appropriate individual educational programs, for each child with a disability and significant hearing loss. L.1981, c.350, s.1; amended 2017, c.131, s.39.

N.J. Stat. § 18A:46-4 Terms; salaries; supervisor's expense; state aid

The commissioner shall fix the terms of office and compensation of the supervisor and other members of the child study team. Their salaries shall be paid as other State salaries are paid by warrants drawn by the Director of the Division of Budget and Accounting on the State Treasurer, on orders issued by the commissioner. All claims for expenses of the supervisor, for each county in which he shall serve, shall be paid after being audited by the county superintendent on orders issued by the county superintendent and drawn on the county treasurer. Notwithstanding any other provision of the law, the State shall reimburse each county no more than $750.00 for the expenses of the supervisor in any 1 year. All claims for expenses of the supervisor which exceed the sum of $750.00 shall be paid by the county. L.1967, c.271; amended by L.1975, c. 336, s. 1, eff. March 3, 1976.

N.J. Stat. § 18A:46-5 Functions of child study teams.

18A:46-5. Each county child study team shall function in consultation with the local boards of education in the county or the local boards of education in the counties served by it in the fields pertaining to: a. identification and diagnosis of children needing special educational services, b. development and approval of public school programs for pupils with disabilities, c. supervision and coordination of public school programs for pupils with disabilities, d. reporting and referral of children with disabilities of such severity as to indicate the necessity of residential placement, medical or psychological treatment, or care, to the appropriate agency for such purpose, e. social case work and psychological evaluation, f. remedial instruction, g. cooperative action with other state and county departments and lay professional organizations, and h. additional responsibilities as determined by the commissioner with the approval of the State board. Amended 2017, c.131, s.40.

N.J. Stat. § 18A:46-5.1 Basic child study team services; provision by boards of education and state operated programs

Each board of education and State operated program shall separately or jointly with one or more boards of education or State agencies provide for basic child study team services. The basic child study team shall consist of a school psychologist, a learning disability teacher consultant and a school social worker, and for the purposes of evaluation and classification shall include pertinent information from certified school personnel making the referral. This information shall be considered in the evaluation and classification process as defined in N.J.A.C. 6:28-1.1 et seq. The referring certified school personnel and the school principal, or his designee, may attend the classification conference as defined in N.J.A.C. 6:28-1.1 et seq. and participate in the classification decision. L.1982, c. 162, s. 1, eff. Oct. 28, 1982.

N.J. Stat. § 18A:46-5.2 Participation by parent or guardian

Any decision by the basic child study team concerning the evaluation, classification and placement of a student shall include the full participation of that student's parents or guardian as prescribed under N.J.A.C. 6:28-1.1 et seq. L.1982, c. 162, s. 2, eff. Oct. 28, 1982.

N.J. Stat. § 18A:46-6 Identification of children with disabilities.

18A:46-6. Each board of education, according to uniform rules prescribed by the commissioner with the approval of the State board, shall provide for the identification of any children between the ages of five and 21 residing in the district and enrolled in the public schools of the State or in a nonpublic school located in the district, who cannot be properly accommodated through the school facilities usually provided, because of disabilities. For the purposes of N.J.S.18A:46-1 et seq., a child who boards at a school in a district in which the child's parents do not maintain a residence shall not be considered a resident of the district. In addition, each board of education shall also identify and ascertain, according to rules promulgated by the commissioner with the approval of the State board, those children between the ages of three and five years who require and who would be benefited by special education programs and services, which may prevent their disabilities from becoming more debilitating. Each board of education shall provide information to parents of children with disabilities who are below the age of three regarding available services and programs provided by other State, county, or local agencies, which may prevent their disabilities from becoming more debilitating. amended 1977, c.193, s.3; 1981, c.415, s.1; 1984, c.123, s.1; 2017, c.131, s.41.

N.J. Stat. § 18A:46-6.1 Providers of services for children with disabilities aged 3 through 5.

2. The programs and services required pursuant to N.J.S.18A:46-1 et seq. for children with disabilities between the ages of 3 and 5 shall be provided by one or more of the following: a. Parent training and counseling; b. Special programs and services in the district including programs in hospitals, homes or other institutions; c. Special programs and services offered by other districts as provided by agreement between one or more districts; d. A Jointure Commission; e. A county special services school district; and f. Such other methods as shall be approved by the commissioner with the approval of the State board. L.1981, c.415, s.2; amended 2017, c.131, s.42.

N.J. Stat. § 18A:46-6.3 Provision of education, related services to students with disabilities.

1. a. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2021-2022 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2020-2021 school year, provided that the parent of the student and the individualized education program team determine that the student requires additional or compensatory special education and related services, including transition services, during the 2021-2022 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2022, unless otherwise provided in a student's individualized education program or as ordered by a hearing officer, complaint investigation, or court of competent jurisdiction. b. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2022-2023 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2021-2022 school year, provided that the parent of the student and the individualized education program team determine that the student requires additional or compensatory special education and related services, including transition services, during the 2022-2023 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2023, unless otherwise provided in a student's individualized education program or as ordered by a hearing officer, complaint investigation, or court of competent jurisdiction. c. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2023-2024 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2022-2023 school year, provided that the parent of the student and the individualized education program team determine that the student requires additional or compensatory special education and related services, including transition services, during the 2023-2024 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2024, unless otherwise provided in a student's individualized education program or as ordered by a hearing officer, complaint investigation, or court of competent jurisdiction. d. A student receiving special education and related services, including transition services, pursuant to this section shall be afforded the same rights, privileges, and remedies provided to students with disabilities pursuant to State law, State Board of Education regulations concerning special education, and the federal "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq. Any disputes that arise with respect to the provision or nature of services provided to a student with disabilities in the additional year as provided under subsections a., b., and c. of this section may be addressed, as determined by the parent of the student with disabilities, by either: (1) mediation; (2) a written request for a complaint investigation submitted to the Director of the Office of Special Education Policy and Dispute Resolution in the Department of Education; or (3) a special education due process hearing pursuant to the provisions of the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or regulations promulgated thereto. e. (1) The special education and related services, including transition services, provided to students with disabilities pursuant to the provisions of this section shall, to the extent permitted by federal law, be paid for from the monies received by the State or a school district under the federal "Coronavirus Aid, Relief, and Economic Security (CARES) Act," Pub.L.116-136, the federal "Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act, 2021," Pub.L.116-260, the federal "American Rescue Plan (ARP) Act," Pub.L.117-2, or any other federal funding provided to address the impact of the coronavirus pandemic on elementary and secondary schools as it becomes available. (2) To the extent that the federal funds described in paragraph (1) of this subsection do not cover the costs borne by school districts to provide the special education and related services, including transition services, to students with disabilities pursuant to the provisions of this section, the State shall appropriate funds as necessary from the Property Tax Relief Fund to reimburse school districts for these costs. (3) The special education and related services funded pursuant to the provisions of this subsection may include, but are not limited to, the additional staff, programs, and facilities deemed necessary by school districts to provide the special education and related services, including transition services, required under this section. f. Notwithstanding the provisions of chapter 26 of Title 14 of the New Jersey Administrative Code, N.J.A.C.6A:14-4.9, or of any other law, rule, or regulation establishing educational facility planning standards, temporary facility standards, or age range and group size requirements for approved private schools for students with disabilities to the contrary, for the 2021-2022 school year through the 2023-2024 school year, the Department of Education shall permit an approved private school for students with disabilities to temporarily utilize non-qualifying spaces on school property for instruction and educational purposes in order to serve any additional students receiving special education and related services, including transition services, pursuant to the provisions of this section, if the department and the applicable county office of education determine that the school is able to provide suitable accommodations in those spaces for the additional students. g. (Deleted by amendment, P.L.2021, c.487) h. As used in this section, "parent" means the natural or adoptive parent, the legal guardian, resource family parent when willing to so serve, a surrogate parent, or a person acting in the place of a parent, such as a grandparent or stepparent with whom the student lives or a person legally responsible for the student's welfare. Parent shall also include an adult student who has attained the age of 18, who is not under legal guardianship, and who is entitled to receive special education and related services. L.2021, c.109; amended 2021, c.487.

N.J. Stat. § 18A:46-7 Reports of children with disabilities.

18A:46-7. Each board of education shall report annually to the county superintendent of schools of the county in which the school district is situate, who shall report to the commissioner, the names of all children who are in special education instructional programs and the names and addresses of their parents or persons having control or custody of them, together with the category into which they have been classified. Included in this report shall be the names and addresses of any known children with disabilities who are not attending school. The commissioner shall make the information in the reports available to any State agency charged with providing care and rehabilitation services for children with disabilities. Amended 2017, c.131, s.43.

N.J. Stat. § 18A:46-7.1 Copies of chapter 46 of title 18A, guidelines, distributed annually to parents of children with disabilities.

1. In every school district having children who have been classified as children with disabilities pursuant to the provisions of chapter 46 of Title 18A of the New Jersey Statutes, the board of education of the district shall, annually, cause copies of chapter 46, as amended and supplemented, together with all current rules and regulations of the commissioner relating thereto, to be prepared for distribution to parents of children classified as children with disabilities or the persons having control or custody of such children who request copies thereof. Persons requesting copies shall be required to pay a reasonable fee as fixed by the board, to cover the cost of preparing the copies. L.1973, c.3, s.1; amended 2017, c.131, s.44.

N.J. Stat. § 18A:46-7.2 DOE to disseminate information on adult services to parents of special education recipients.

1. The Department of Education shall include in its "Parental Rights in Special Education" booklet that is available to parents of children who receive special education services, information describing services available through, and contact information for, State agencies serving persons with disabilities. The booklet shall include, but not be limited to, information regarding the following State agencies serving persons with disabilities: the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development; the Divisions of Developmental Disabilities, Mental Health Services, the Deaf and Hard of Hearing, and Disability Services in the Department of Human Services; and the Commission for the Blind and Visually Impaired in the Department of Human Services. L.2006,c.62,s.1.

N.J. Stat. § 18A:46-7.3 Designation of disability services resource in high school for parents.

2. The Department of Education shall require that, beginning with the 2006-2007 school year, all school districts with grades nine through 12 designate at least one staff member to serve as a disability services resource for parents. The designated staff member shall be able to demonstrate competency in the various services available through State agencies that serve persons with disabilities, and shall provide information to parents about how to access the services and assistance to parents in contacting the appropriate State agency. The district shall conduct outreach activities to ensure that the parents of children who receive special education services in the district, and local community disability organizations and service providers, are made aware of the name and contact information of the designated staff member. L.2006,c.62,s.2.

N.J. Stat. § 18A:46-7.4 Posting of timeline.

2. The Commissioner of Education shall post the timeline developed pursuant to section 1 of P.L.2016, c.72 (C.30:1-1.4) on the official website of the Department of Education. L.2016, c.72, s.2.

N.J. Stat. § 18A:46-8 Examination, classification of children residing in the district.

18A:46-8. Each board of education shall provide for the examination and classification of each child residing in the district and identified pursuant to N.J.S.18A:46-6, except that the board of education of a county vocational school district shall provide for the examination and classification of each child who is attending the county vocational school on a full-time basis and is identified pursuant to N.J.S.18A:46-6. Such examination and classification shall be accomplished according to procedures prescribed by the commissioner and approved by the State board, under one of the categories identified in N.J.S.18A:46-1. The examination and classification of such nonpublic school children shall be in a location determined by the local board of education of the district in which the nonpublic school is located and approved by the commissioner pursuant to rules and regulations promulgated by the State board. The classification of a child with a communication impairment shall be made by the basic child study team and an approved speech correctionist or speech pathologist, without child study consultation. Such children shall be reported to the basic child study team. The proposed classification shall be reported to the parent or guardian of the child and an opportunity provided, prior to implementation of the classification, for consultation by such parent or guardian with the appropriate special educational services personnel of the district. Pursuant to rules of the State board, the parent or guardian shall also be provided an opportunity for further review of the classification in the Department of Education. amended 1977, c.193, s.4; 1977, c.415; 1978, c.46; 1981, c.415, s.8; 1984, c.123, s.2; 1990, c.52, s.57; 2010, c.50, s.15; 2017, c.131, s.45.

N.J. Stat. § 18A:46-9 Classification of children having an intellectual disability.

18A:46-9. Each child classified pursuant to N.J.S.18A:46-8 as having an intellectual disability shall be similarly further identified, examined and classified into one of the following subcategories: a. Educable children with intellectual disabilities who may be expected to succeed with a minimum of supervision in homes and schools and community life and are characterized particularly by reasonable expectation that at maturity they will be capable of vocational and social independence in competitive environments; b. Trainable children with intellectual disabilities who are so intellectually disabled that they cannot be classified as educable but are, notwithstanding, potentially capable of self-help, of communicating satisfactorily, or participating in groups, of directing their behavior so as not to be dangerous to themselves or others and of achieving with training some degree of personal independence and social and economic usefulness within sheltered environments; c. Children eligible for day training, who are incapable of giving evidence of understanding and responding in a positive manner to simple directions expressed in the child's primary mode of communication and who cannot in some manner express basic wants and needs. amended 1975, c.212, s.39; 2010, c.50, s.16.

N.J. Stat. § 18A:46-10 Classification of children needing special education services.

18A:46-10. Pupils identified as needing special education services to ameliorate or to prevent the development of learning disabilities shall be classified according to their ability to benefit from specified types of educational service, and such educational service shall be conducted according to rules and regulations prescribed by the commissioner, with the approval of the State board, and may include, but need not be limited to: a. case work with the pupil at home or school; b. counseling or guidance; c. remedial instruction; d. special scheduling of a school program including part-time attendance in special or general groups; e. referral to other agencies or institutions for special services; f. special grouping in school for children whose prognosis is favorable for return to the general program; and g. arrangement through the commissioner for direct services through the county department of child study. Amended 2017, c.131, s.46.

N.J. Stat. § 18A:46-11 Psychological and other examinations

Each board of education shall separately or jointly with one or more boards of education employ a psychological examiner, who acting jointly with special education personnel approved by the commissioner, shall administer the procedures for diagnosis and classification required in this chapter, or, in lieu of employing a psychological examiner, it or they may contract to use, with or without financial reimbursement, the psychological or other services of any clinic or agency approved by the commissioner. L.1967, c.271.

N.J. Stat. § 18A:46-12 Approval of clinics

The commissioner with the approval of the state board and of the state board of control of the department of institutions and agencies, shall prescribe suitable standards for the approval by him of any clinic or agency furnishing services, pursuant to this chapter. L.1967, c.271.

N.J. Stat. § 18A:46-13 Types of facilities and programs.

18A:46-13. It shall be the duty of each board of education to provide suitable facilities and programs of education for all the children who are classified as children with disabilities under this chapter. The absence or unavailability of a special class facility in any district shall not be construed as relieving a board of education of the responsibility for providing education for any child who qualifies under this chapter. The Department of Human Services, and the Department of Children and Families, as applicable, shall provide transportation for all children who attend day training centers operated by the department. A board of education is not required to provide any further educational program for children who have been admitted to the New Jersey School for the Deaf, Katzenbach Campus, but shall be required to furnish necessary daily transportation Monday through Friday to and from the school for nonboarding pupils when such transportation is approved by the county superintendent of schools in accordance with such rules and regulations as the State board shall promulgate for such transportation. Any special education facility or program authorized and provided for a child attaining age 20 during a school year shall be continued for the remainder of that school year. amended 1969, c.79; 1973, c.62; 1975, c.212, s.40; 1992, c.129, s.1; 2006, c.47, s.96 2017, c.131, s.47.

N.J. Stat. § 18A:46-13.1 Disabled students, certain, participation in interscholastic athletic programs.

1. Notwithstanding the provisions of any law, rule or regulation to the contrary, a pupil who is disabled and who is placed by the parents or guardians at their own expense in a nonpublic school for treatment of the disability shall be eligible to participate in the interscholastic athletic program of the student's resident school district, provided the student otherwise meets the eligibility requirements of the program and the student's participation has the written approval of the board of education of the school district where the program is located. L.2005,c.260,s.1.

N.J. Stat. § 18A:46-13.2 Findings, declarations relative to the use of service animals by certain students.

1. The Legislature finds and declares that: service animals have a long history of performing crucial tasks and fulfilling a significant role in the daily activities of many people with physical disabilities; in addition to their traditional roles, service animals can be trained to be a calming influence and provide a connection to the familiar in unfamiliar surroundings for students with autism or other developmental disabilities; under the federal Americans with Disabilities Act of 1990, service animals are permitted in schools, other public areas, and places of public accommodation; allowing a student with autism or other disability to bring a service animal to class and on school grounds will enhance the learning process and help the student reach his full academic potential. L.2011, c.156, s.1.

N.J. Stat. § 18A:46-13.3 Permitted access for service animals.

2. a. A student with a disability, including autism, shall be permitted access for a service animal in school buildings, including the classroom, on school buses, and on school grounds. b. A school official may inquire as to whether the service animal is required due to a disability and what task or work the service animal has been trained to perform, unless the student's disability and the work or task that the service animal will perform are readily apparent. A school official may require: (1) certification from a veterinarian that the service animal is properly vaccinated and does not have a contagious disease that may harm students or staff; and (2) documentation that any license required by the municipality in which the student resides has been obtained for the service animal. c. The service animal shall be under a handler's control at all times by use of a leash, tether, voice control, signal, or other suitable means. The school shall not be responsible or liable for the care or supervision of the service animal. The school shall provide reasonable accommodations to allow the handler to provide for the care and feeding of the service animal while on school grounds or at a school function. L.2011, c.156, s.2; amended 2015, c.29, s.1.

N.J. Stat. § 18A:46-13.4 Definitions relative to use of physical restraint, seclusion techniques on students with disabilities.

1. As used in this act: "Physical restraint" means the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body. "Seclusion technique" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout. "Timeout" means a behavior management technique that involves the monitored separation of a student in a non-locked setting, and is implemented for the purpose of calming. L.2017, c.291, s.1.

N.J. Stat. § 18A:46-13.5 Use of physical restraint on students with disabilities.

2. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes physical restraint on students with disabilities shall ensure that: (1) physical restraint is used only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger; (2) a student is not restrained in the prone position, unless the student's primary care physician authorizes, in writing, the use of this restraint technique; (3) staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint from an entity determined by the board of education to be qualified to provide such training, and that the training is updated at least annually; (4) the parent or guardian of a student is immediately notified when physical restraint is used on that student, which notification may be by telephone or electronic communication. A full written report of the incident of physical restraint shall be provided to the parent or guardian within 48 hours of the occurrence of the incident; (5) each incident in which a physical restraint is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; and (6) each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting. b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of physical restraints through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team. L.2017, c.291, s.2.

N.J. Stat. § 18A:46-13.6 Use of seclusion techniques on students with disabilities.

3. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes seclusion techniques on students with disabilities shall ensure that : (1) a seclusion technique is used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger; (2) each incident in which a seclusion technique is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; and (3) each incident in which a seclusion technique is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting. b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of seclusion techniques through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team. L.2017, c.291, s.3.

N.J. Stat. § 18A:46-13.7 Guidelines, review process.

4. The department shall establish guidelines for school districts, educational services commissions, and approved private schools for students with disabilities to ensure that a review process is in place to examine the use of physical restraints or seclusion techniques in emergency situations, and for the repeated use of these methods for an individual child, within the same classroom, or by a single individual. The review process shall include educational, clinical, and administrative personnel. Pursuant to the review process the student's individualized education plan team may, as deemed appropriate, determine to revise the behavior intervention plan or classroom supports, and a school district, educational services commission, or approved private school for students with disabilities may determine to revise a staff member's professional development plan. L.2017, c.291, s.4.

N.J. Stat. § 18A:46-14 Enumeration of facilities and programs.

18A:46-14. The facilities and programs of education required under this chapter shall be provided by one or more of the following: a. A special class or classes in the district, including a class or classes in hospitals, convalescent homes, or other institutions; b. A special class in the public schools of another district in this State or any other state in the United States; c. Joint facilities including a class or classes in hospitals, convalescent homes, or other institutions to be provided by agreement between one or more school districts; d. A jointure commission program; e. A State of New Jersey operated program; f. Instruction at school supplementary to the other programs in the school, whenever, in the judgment of the board of education with the consent of the commissioner, the pupil with a disability will be best served thereby; g. Sending children capable of benefiting from a day school instructional program to privately operated day classes, in New Jersey or, with the approval of the commissioner to meet particular circumstances, in any other state in the United States, the services of which are nonsectarian whenever, in the judgment of the board of education with the consent of the commissioner, it is impractical to provide services pursuant to subsection a., b., c., d., e., or f. otherwise; h. Individual instruction at home or in school whenever, in the judgment of the board of education with the consent of the commissioner, it is impracticable to provide a suitable special education program for a child pursuant to subsection a., b., c., d., e., f., or g. otherwise. Whenever a child study team determines that a suitable special education program for a child cannot be provided pursuant to subsection a., b., c., d., e., f., g., or h. of this section, and that the most appropriate placement for that child is in an academic program in an accredited nonpublic school within the State or, to meet particular circumstances, in any other state in the United States, the services of which are nonsectarian, and which is not specifically approved for the education of pupils with disabilities, that child may be placed in that academic program by the board of education, with the consent of the commissioner, or by order of a court of competent jurisdiction. An academic program which meets the requirements of the child's Individual Education Plan as determined by the child study team and which provides the child with a thorough and efficient education, shall be considered an approved placement for the purposes of chapter 46 of this Title, and the board of education shall be entitled to receive State aid for that child as provided pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.), and all other pertinent statutes. Whenever any child shall be confined to a hospital, convalescent home, or other institution in New Jersey or in any other state in the United States and is enrolled in an education program approved under this article, or shall be placed in any other State facility as defined in section 3 of P.L.2007, c.260 (C.18A:7F-45), the board of education of the district in which the child resides shall pay the tuition of that child. The board of education may also furnish (a) the facilities or programs provided in this article to any person over the age of 20 who does not hold a diploma of a high school approved in this State or in any other state in the United States, and (b) suitable approved facilities and programs for children under the age of five. amended 1968, c.430; 1970, c.256, s.1; 1971, c.270; 1973, c.4; 1975, c.222; 1979, c.207, s.2; 1989, c.152; 1990, c.52, s.58; 1996, c.138, s.74; 2007, c.260, s.71; 2017, c.131, s.48.

N.J. Stat. § 18A:46-15 Approval of special facilities and education programs.

18A:46-15. a. The commissioner with the consent of the State board shall, according to the rules and regulations prescribed by the commissioner and approved by the State board, approve all special facilities and education programs which meet the requirements of this chapter. The commissioner shall, by the use of available staff members, by the publication of bulletins, and by any other means available, assist boards of education in formulating programs required under this chapter. b. The commissioner shall continually review the operation of the programs of special education required under this chapter and whenever in any area or region of this State, in the commissioner's judgment, children of one or more disability groups, as identified in N.J.S.18A:46-1, are not receiving satisfactory education programs, despite the operation of facilities and programs approved by the commissioner pursuant to subsection a. of this section, the commissioner shall, with the consent of the State board, order the establishment of a special class or classes for such group or groups in such area or region, either using the facilities to be provided by one or more boards of education, pursuant to subsection b. of N.J.S.18A:46-20, or the facilities of one or more jointure commissions by directing one or more boards of education not members to become contracting districts of any thereof under P.L.2007, c.63 (C.40A:65-1 et al.). c. The commissioner shall continually review the operation of such class or classes, and in case the operation of any of such classes is not satisfactory, the commissioner shall, with the consent of the State board, take such steps available under this chapter as may seem necessary to improve such operation including the use of different receiving districts and sending districts and the use of different jointure commissions or the addition or withdrawal of districts to or from existing jointure commissions. amended 1970, c.256, s.2; 2017, c.131, s.49.

N.J. Stat. § 18A:46-18.2 Definitions

For the purposes of this act: a. "Multidisciplinary treatment team" means an evaluation team consisting of a psychologist, a learning disability teacher consultant, a social worker and any other professional who may be involved in the evaluation or treatment of a child in a State facility. b. "State facility" means a State residential facility for the developmentally disabled, a day training center which is operated by or under contract with the State and in which all the children have been placed by the State, a State residential youth center, a State training school or correctional facility, and a State child treatment center or psychiatric hospital. L. 1986, c. 32, s. 1, eff. June 23, 1986.

N.J. Stat. § 18A:46-18.3 Notice to parents, guardians.

2. a. The multidisciplinary treatment team at a State facility shall provide written notice to the parent or legal guardian of a child who is placed in the facility, when the child attains the age of 18, or, if the child is over the age of 18 when placed in the facility, at the time of placement, that the child is not entitled to receive tuition free educational services after the age of 21. b. Written notice given pursuant to this section shall describe in detail the parent's or guardian's opportunity to consent to having the child's name or other relevant information forwarded in a report to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, for the purposes of determining whether the child will likely need services after the age of 21 and, if so, recommending possible adult educational services. For the purposes of this subsection, "relevant information" means that information in the possession of and used by the multidisciplinary treatment team to ascertain the physical, mental, emotional, and cultural-educational factors which contribute to the child's disability, including but not limited to: (1) results of physical and psychological examinations performed by private and school district physicians and psychologists; (2) relevant information presented by the parent or legal guardian and teacher; (3) school data which bear on the child's progress, including the child's most recent individualized educational program; (4) results of the most recent examinations and evaluations performed; and (5) results of other suitable evaluations and examinations possessed by the team. Nothing in this subsection shall be construed to require a multidisciplinary treatment team to perform any examination or evaluation not otherwise required by law. c. Upon the written consent of the parent or legal guardian, the multidisciplinary treatment team shall forward the child's name and other relevant information in a report to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, for the development of a recommendation for adult educational services. A copy of the report shall also be submitted to the Commissioner of Education at the same time that the report is submitted to the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as applicable. L.1986, c.32, s.2; amended 2006, c.47, s.97; 2017, c.131, s.50.

N.J. Stat. § 18A:46-18.4 Recommendation for adult educational services.

3. a. The Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, or their designees, in consultation with the Commissioner of Education, or his designee, shall determine whether a child, whose report is submitted to the Department of Human Services, Department of Children and Families, or the Department of Corrections, as appropriate, pursuant to subsection c. of section 2 of this act, will likely need adult educational services and, if the need will likely exist, develop a recommendation of all appropriate educational programs operated or approved by the Department of Human Services, Department of Children and Families, Department of Corrections or Department of Education which may be available when the child attains the age of 21. If necessary and appropriate, the Commissioner of Human Services, the Commissioner of Children and Families, or the Commissioner of Corrections, as appropriate, may conduct an evaluation of the child to determine if adult educational services will be needed. The recommendation of all programs shall be made available to the parent or guardian of the child as soon as practicable but not later than six months before the child attains the age of 21. b. If the Commissioner of Human Services, Commissioner of Children and Families, or Commissioner of Corrections, as appropriate, determines, pursuant to subsection a. of this section, that the child will not require adult educational services, the commissioner shall notify the child's parent or guardian in writing of the determination. The notice shall be given as soon as practicable but no later than six months before the child attains the age of 21. L.1986, c.32, s.3; amended 2006, c.47, s.98.

N.J. Stat. § 18A:46-18.5 Annual report.

4. The multidisciplinary treatment team shall prepare and submit an annual report to the Departments of Education, Corrections, Children and Families, and Human Services on October 1, 1986 and thereafter on or before October 1 of each year. The annual report shall contain the number of cases submitted to the Commissioner of Human Services, the Commissioner of Children and Families, and the Commissioner of Corrections pursuant to subsection c. of section 2 of this act, the type and severity of the handicapping condition involved with each case, and other necessary information. The annual report shall not contain individually identifying information. L.1986, c.32, s.4; amended 2006, c.47, s.99.

N.J. Stat. § 18A:46-18.6 Rules, regulations.

5. The Commissioner of Human Services, the Commissioner of Children and Families, and the Commissioner of Corrections shall adopt, within six months from the date that this act takes effect, rules and regulations in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) that are appropriate to implement this act. L.1986, c.32, s.5; amended 2006, c.47, s.100.

N.J. Stat. § 18A:46-19 Additional reports

The commissioner may require at such time, and in the manner and on forms prescribed by him, such educational, financial and statistical reports as he may deem necessary to carry out the purpose of this chapter. L.1967, c.271.

N.J. Stat. § 18A:46-19.1 Legislative findings and determinations.

The Legislature finds and declares that: a. The security and welfare of the State require that all school age children be assured the fullest possible opportunity to develop their intellectual capacities. In order to achieve this objective it is the intent of this Legislature to require that the State and local communities identify and provide remedial services for children with disabilities in both public and nonpublic schools. b. The annual appropriations to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) should be fully expended each year to support nonpublic school students. c. The maximum per service aid amounts established by the commissioner are to be calculated in accordance with the provisions of P.L.1977, c.193 (C.18A:46-19.1 et al.) in order to maintain the quality of services provided to eligible nonpublic students and the overall sustainability of the program. L.1977, c. 193, s. 1, eff. Aug. 25, 1977; amended 2025, c.252, s.1.

N.J. Stat. § 18A:46-19.2 Definitions

As used in this act: a. "Commissioner" means the State Commissioner of Education. b. "Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for grades kindergarten through 12, or any combination of them, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352). L.1977, c. 193, s. 2, eff. Aug. 25, 1977.

N.J. Stat. § 18A:46-19.3 Provision of facilities and programs pursuant to chapter 46; application only to public school pupils; exception

The provision of facilities and programs pursuant to chapter 46 of Title 18A of the New Jersey Statutes shall apply only to children enrolled in the public schools of the State except as specifically provided by law. L.1977, c. 193, s. 5, eff. Aug. 25, 1977.

N.J. Stat. § 18A:46-19.4 Provision for speech language specialist

Each board of education shall provide for the services of a certified speech-language specialist for each child attending a nonpublic school located in the school district and classified pursuant to N.J.S.18A:46-8 as requiring the services of a certified speech-language specialist. L.1977,c.193,s.6; amended 1991,c.128,s.4.

N.J. Stat. § 18A:46-19.5 Services to students in nonpublic schools.

7. Services for children enrolled in nonpublic schools shall be provided only upon the consent of the parent or guardian and shall be provided in a location determined by the local board pursuant to rules and regulations of the State board. L.1977,c.193,s.7; amended 1998, c.12, s.2.

N.J. Stat. § 18A:46-19.6 Transportation to location or maintenance of vehicular classrooms to obtain services; payment of cost.

8. If the provision of services, pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.), requires transportation or the maintenance of vehicular classrooms, the board of education of a district in which a nonpublic school is located shall provide for such transportation and maintenance, and the cost shall be reimbursed to the district in the form of State aid received by the district for the purpose of P.L.1977, c.193 (C.18A:46-19.1 et al.). L.1977, c. 193, s. 8, eff. Aug. 25, 1977. Amended by L.1984, c. 120, s. 1, eff. Aug. 8, 1984; 2025, c.252, s.2.

N.J. Stat. § 18A:46-19.7 Contracting for examination, classification, speech correction services.

9. A board of education may contract with an educational improvement center, an educational services commission or other public or private agency approved by the commissioner other than a church or sectarian school, for the provision of examination, classification and speech correction services required by this act. Prior to any change in the provision of these services, the board shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents. L.1977,c.193,s.9; amended 1999, c.364, s.1.

N.J. Stat. § 18A:46-19.8 Estimated cost of services; inclusion in budget; State aid.

14. a. On November 5 of each year, each board of education shall report the number of nonpublic school children who attended a nonpublic school located within the district who were identified as eligible to receive examination, classification, and speech correction services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) during the previous school year. The commissioner may require any additional data collection as may be necessary to ensure that the maximum per service aid amounts established pursuant to subsection c. of this section are reflective of the number of students eligible for each applicable service provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.). b. For the purposes of any report or other data provided pursuant to subsection a. of this section, a board of education shall include a pupil enrolled in a nonpublic school located within the district who does not reside in the State in the number of pupils requiring an initial evaluation or reevaluation for examination and classification or requiring an annual review for examination and classification. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or any other section of law to the contrary, a school district may seek reimbursement from the State pursuant to the provisions of P.L.1977, c.193 (C.18A:46-19.1 et al.) for the initial evaluation or reevaluation for examination and classification or annual review for examination and classification of a nonpublic school pupil who is not a resident of the State. c. (1) The allocation of State aid to local school districts to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) shall be determined by the commissioner in a manner consistent with the provisions of this subsection, and the aid shall be distributed to school districts pursuant to section 4 of P.L.2025, c.252 (C.18A:46-19.8a). In allocating State aid, the commissioner shall establish maximum per service aid amounts for an initial evaluation or reevaluation for examination and classification, an annual review for examination and classification, speech correction, and supplementary instruction services. The maximum per service aid amounts shall be determined by dividing the amount annually appropriated to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) by the average number of documented services delivered in the prior three school years. In the second full school year following the date of enactment of P.L.2025, c.252 (C.18A:46-19.8a et al.) and every third school year thereafter, the commissioner shall cause a survey to be conducted, which shall collect from service providers information as the commissioner deems necessary to calculate the average and range of costs incurred to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.). The commissioner shall report the findings of the survey to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and shall use the report to inform recommendations on the annual appropriation to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.). (2) In distributing State aid to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.), the commissioner shall also ensure that, to the greatest extent possible, the amounts annually appropriated are fully exhausted by the end of the school year for which the maximum amounts are established and that the amounts appropriated are equitably distributed among school districts applying for reimbursement pursuant to section 4 of P.L.2025, c.252 (C.18A:46-19.8a). To the extent permitted by federal law, the commissioner may establish limits on the duration and frequency of speech correction services and supplementary instruction services provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) in order to ensure that the greatest number of eligible students are provided the services throughout the school year and that, to the greatest extent possible, the amount annually appropriated for the services is available to reimburse school districts during the entirety of the school year. The maximum per service aid amounts, and any limits established by the commissioner on the duration and frequency of speech correction services and supplementary instruction services, shall be disseminated by the commissioner to school districts and nonpublic schools no later than July 15 of the school year. d. A school district seeking State aid for services provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) shall apply for reimbursement of the costs to provide the services in accordance with the process established by the commissioner in section 4 of P.L.2025, c.252 (C.18A:46-19.8a). L.1977, c.193, s.14; amended 1984, c.120, s.2; 1991, c.128, s.5; 1996, c.138, s.75; 2010, c.71; 2025, c.252, s.3.

N.J. Stat. § 18A:46-19.8a Process for reimbursement.

4. a. The commissioner shall establish a process by which school districts are reimbursed for costs, within the limits of available appropriations and the applicable maximum per service aid amounts established pursuant to subsection c. of section 14 of P.L.1977, c.193 (C.18A:46-19.8), that are incurred to provide services for all eligible nonpublic school pupils pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.). The process to be established by the commissioner shall permit school districts to apply for reimbursement payments on a quarterly basis in a manner to be determined by the commissioner. School districts seeking reimbursement for services pursuant to this section shall submit applications for reimbursement on a quarterly basis and adhere to all submission guidelines, accounting and budgeting guidance, documentation requirements, and defined timelines for reimbursement as determined by the commissioner. b. No later than July 15 of each school year, the commissioner shall notify school districts and nonpublic schools of the details concerning the reimbursement process established pursuant to subsection a. of this section, which details shall include submission guidelines, accounting and budgeting guidance, documentation requirements, and defined timelines for reimbursement. School districts shall be able to first apply for reimbursement beginning on September 1. Notwithstanding the reimbursement process first opening on September 1, a district shall be able to apply for reimbursement for costs incurred prior to September 1, provided that the costs are within the applicable maximum per service aid amounts established pursuant to subsection c. of section 14 of P.L.1977, c.193 (C.18A:46-19.8). Reimbursements shall be made to school districts throughout the school year until the amount annually appropriated as State aid for services provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) has been fully expended in the school year for which the appropriation has been made. c. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the commissioner is authorized to withhold all or a portion of the amount of aid that may be retained by a school district for administrative purposes, if the commissioner finds that the district did not apply for reimbursement of costs in a timely manner, in accordance with the defined timelines for reimbursement established by the commissioner pursuant to subsection b. of this section, or otherwise did not properly or efficiently administer funds allocated to the district pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.). L.2025, c.252, s.4.

N.J. Stat. § 18A:46-19.9 Severability

If any provision of this act or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect; and, to this end, the provisions of this act are declared to be severable. L.1977, c. 193, s. 16, eff. Aug. 25, 1977.

N.J. Stat. § 18A:46-19.10 Certain state funds excluded from minimum funding requirement calculation under IDEA

1. State funds appropriated pursuant to P.L.1977, c.193 (C.18A:46-19.1 et seq.) to provide special education and related services to students enrolled in nonpublic schools shall not be included by a school district in the calculation of the minimum funding requirement for nonpublic school students under the "Individuals with Disabilities Education Act," 20 U.S.C. s. 1400 et seq. L.2001,c.230.

N.J. Stat. § 18A:46-20 Receiving pupils from outside district; establishment of facilities

The commissioner may, in his discretion, with the approval of the State board: a. Require any board of education, having the necessary facilities to provide the services required to be provided by this chapter, to receive pupils requiring such services from other districts; or b. Require any board of education not having the necessary facilities to provide the facilities and services required to be provided pursuant to N.J.S. 18A:46-15b and to receive pupils requiring such services from other districts. L.1967, c.271; amended by L.1970, c. 256, s. 3, eff. Nov. 2, 1970.

N.J. Stat. § 18A:46-21 Tuition for pupils with disabilities.

18A:46-21. Any board of education, jointure commission, or private school for pupils with disabilities which receives pupils from a sending district under this chapter shall determine a tuition rate to be paid by the sending board of education, but in no case shall the tuition rate exceed the actual cost per pupil as determined under rules prescribed by the commissioner and approved by the State Board of Education. amended 1986, c.50; 2017, c.131, s.51.

N.J. Stat. § 18A:46-21.1 Private school for students with disabilities, eligibility for aid.

2. a. In the event that an approved private school for students with disabilities is required to close the school for more than three consecutive school days due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the commissioner shall allow the school to apply one or more days of virtual or remote instruction provided to students on the day or days the school was closed to qualify as a day of instruction for the purposes of calculating tuition if the program of virtual or remote instruction meets such criteria as may be established by the commissioner. An approved private school for students with disabilities that wants to use a program of virtual or remote instruction to qualify as a day of instruction for the purposes of calculating tuition shall submit its proposed program of virtual or remote instruction to the commissioner within 30 days of the effective date of P.L.2020, c.27 and annually thereafter, provided however that if the school is unable to complete its proposed program within the 30-day period and the school is required to close for a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the commissioner may retroactively approve the program. A day of virtual or remote instruction, if instituted under a program approved by the commissioner, shall be considered the equivalent of a full day of school attendance for the purposes of meeting State and local graduation requirements, the awarding of course credit, and such other matters as determined by the commissioner. Special education and related services, including speech language services, counseling services, physical therapy, occupational therapy, and behavioral services, may be delivered to students with disabilities through the use of electronic communication or a virtual or online platform and as required by the student's Individualized Education Program (IEP), to the greatest extent practicable. b. In the event that the State or local health department determines that it is advisable to close or mandates closure of an approved private school for students with disabilities due to a declared state of emergency, declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure, the principal of the school shall have the authority to implement the school's program of virtual or remote instruction. c. The commissioner shall define virtual and remote instruction and establish guidance for its use. The guidance shall provide schools with information on: (1) providing instruction to students who may not have access to a computer or to sufficient broadband, or to any technology required for virtual or remote instruction; (2) the required length of a virtual or remote instruction day; (3) the impact of virtual or remote instruction on the schedule for administering State assessments; and (4) such other topics as the commissioner deems necessary. L.2020, c.27, s.2.

N.J. Stat. § 18A:46-22 Withdrawal of pupils by sending districts.

18A:46-22. Any board of education which has entered or hereafter shall enter its pupils with disabilities in the schools of a receiving district may not withdraw such pupils for the purpose of entering them in the schools of another district unless good and sufficient reason exists for such a change and unless an application therefor is made and approved by the commissioner. Either the receiving or sending board of education, if dissatisfied with the determination of the commissioner on any such application, may appeal to the state board, and, in its discretion, that body may affirm, reverse, or modify the commissioner's determination. Amended 2017, c.131, s.52.

N.J. Stat. § 18A:46-23 Transportation of children with disabilities, State aid.

18A:46-23. The board of education shall furnish transportation to all children with disabilities identified pursuant to this chapter who shall qualify therefor pursuant to law and it shall furnish the transportation for a lesser distance also to any child with a disability, if the board finds upon the advice of the examiner, that the disability makes transportation necessary or advisable. The board of education shall furnish transportation to all children being sent by local boards of education to an approved 12-month program pursuant to N.J.S.18A:46-14, or any other program approved pursuant to N.J.S.18A:46-14 and who qualify therefor pursuant to law, during the entire time the child is attending the program. The board shall furnish transportation for a lesser distance also to a child with a disability, if the board finds upon the advice of the examiner that the disability makes the transportation necessary or advisable. The school district shall be entitled to State aid for the transportation pursuant to section 15 of P.L.2007, c.260 (C.18A:7F-57) when the necessity for the transportation and the cost and method thereof have been approved by the executive county superintendent of the county in which the district paying the cost of the transportation is situated. amended 1975, c.212, s.34; 1978, c.158, s.2; 1979, c.429; 1990, c.52, s.59; 1996, c.138, s.76; 2007, c.260, s.72; 2017, c.131, s.53.

N.J. Stat. § 18A:46-24 Agreements for joint facilities, etc.; approval by commissioner

Any two or more districts may provide for facilities, examinations or transportation under this chapter under the terms of an agreement adopted by resolutions of each of the boards of education concerned setting forth the essential information concerning the facilities, examination or transportation to be provided, the method of apportioning the cost among the districts and of computing the proportion of the state aid to which each district shall be entitled, and any other matters deemed necessary to carry out the purpose of the agreement. No such agreements shall become effective until approved by the commissioner. L.1967, c.271.

N.J. Stat. § 18A:46-29 County special services school district.

1. The board of chosen freeholders of any county may establish a county special services school district for the education and treatment of children with disabilities, pursuant to N.J.S.18A:46-1, upon its finding that the need for such county special services school district exists. Before making any finding as to the existence of such need, the board shall hold at least one public hearing thereon upon not less than 10 days' notice of the time and place thereof published in a newspaper of general circulation in the county. If the board of freeholders, by resolution, authorizes the establishment of such a school district for the county, schools shall be forthwith established and maintained in the county and shall be known as the "schools for special services in the county of" (here insert the name of the county in which the schools are located). L.1971, c.271, s.1; amended 2017, c.131, s.54.

N.J. Stat. § 18A:46-30 Rules and regulations

The State Board of Education shall prescribe rules and regulations for the organization, management and control of such special service schools. L.1971, c. 271, s. 2, eff. July 27, 1971.

N.J. Stat. § 18A:46-31 Powers, duties of special services school district board of education.

3. a. Any school established pursuant to P.L.1971, c.271 (C.18A:46-29 et al.) shall accept all eligible pupils within the county, so far as facilities permit. Pupils residing outside the county may be accepted should facilities be available only after provision has been made for all eligible pupils within the county. Any child accepted shall be classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes. b. The board of education of any county special services school district may receive such funds as may be appropriated by the county pursuant to section 13 of P.L.1971, c.271 (C.18A:46-41) and shall be entitled to collect and receive from the sending districts in which the pupils attending the county special services school reside, for the tuition of those pupils, a sum not to exceed the actual cost per pupil as determined for each special education program or for the special services school district, according to rules prescribed by the commissioner and approved by the State board. Whenever funds have been appropriated by the county, the county special services school district may charge a fee in addition to tuition for any pupils who are not residents of the county. The fee shall not exceed the amount of the county's per pupil appropriation to the county special services school district. For each special education program or for the special services school district, the tuition shall be at the same rate per pupil for each sending district whether within or without the county. Ten percent of the tuition amount and the nonresident fee amount, if any, shall be paid on the first of each month from September to June to the receiving district by each sending district. The annual aggregate amount of all tuition may be anticipated by the board of education of the county special services school district with respect to the annual budget of the county special services school district. The amounts of all annual payments or tuition to be paid by any other school district shall be raised in each year in the annual budget of the other school district and paid to the county special services school district. Tuition charged to the resident district shall be deducted from the resident district's State aid and transferred directly to the county special services district by the Department of Education according to procedures established by the commissioner. The transfers shall equal 1/20th of the tuition charged and shall occur on the same schedule of State aid payments for the resident districts. Beginning in May of the preceding year the county special services district shall report to the department and the resident districts the current enrollments and tuition rates by district. Enrollment changes reported at least 30 days in advance of a scheduled transfer shall be honored. Unless specifically designated, county special services school districts shall not receive State aid under the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.). The county special services general fund budget, exclusive of any county contribution, shall not exceed the general fund budget, exclusive of any county contribution, in the prebudget year adjusted by the CPI or three percent, whichever is greater, plus an enrollment factor. An undesignated general fund balance of 10 percent of the general fund budget exclusive of tuition adjustments of prior years may be maintained. For the years 1997-98 through 2001-2002, State aid shall be provided to fund tuition losses when placements drop by more than five percent between the budget year and prebudget year. State aid shall equal the difference between 95 percent of the prebudget year enrollment on May 1 preceding the prebudget year multiplied by the budget year tuition rate and actual enrollments on May 1 preceding the budget year multiplied by the budget year tuition rate. c. The board of education of any county special services school district, with the approval of the board of chosen freeholders of the county, may provide for the establishment, maintenance and operation of dormitory and other boarding care facilities for pupils in conjunction with any one or more of its schools for special services, and the board shall provide for the establishment, maintenance and operation of such health care services and facilities for the pupils as the board shall deem necessary. d. (Deleted by amendment, P.L.1991, c.62). Amended 1990, c.52, s.60; 1991, c.62, s.23; 1996, c.138, s.77; 2007, c.260, s.73.

N.J. Stat. § 18A:46-32 Approval of program and courses of study

The program and courses of study to be pursued in such special services school and all changes therein shall be approved by the Commissioner of Education, with the advice and consent of the State Board of Education. L.1971, c. 271, s. 4, eff. July 27, 1971.

N.J. Stat. § 18A:46-33 Priority of types of courses of study

Courses of study should be pursued to provide as a first priority, programs or courses of study not at that time available in any other school within the county especially for those with unusually severe disability or those with unusual multi-disability. Then courses of study should be pursued, as deemed necessary by the Commissioner of Education which may be available at that time but where there is not sufficient capacity available at that time to accommodate all the students identified and classified as requiring these courses of study. L.1971, c. 271, s. 5, eff. July 27, 1971.

N.J. Stat. § 18A:46-34 School year

The school year for a county special services school district shall begin on July 1 and end June 30. L.1971, c. 271, s. 6, eff. July 27, 1971.

N.J. Stat. § 18A:46-35 Board of education; composition; terms; vacancies

For each county special services school district established in accordance with this act there shall be a board of education consisting of the county superintendent of schools, ex officio, and six persons to be appointed by the director of the board of chosen freeholders with the advice and consent of the remaining members of such board. In any county having a county mental health board, the chairman thereof, or his designee, shall also serve as an ex-officio member of the board of education but shall not be entitled to vote on any matter before the board. The appointive members shall serve for terms of 3 years commencing as of July 1 of the calendar year in which they are appointed and to continue until their successors are appointed and qualify, except that of those first appointed two shall be appointed for terms of 1 year, two for 2 years, and two for 3 years. Vacancies in the board caused by the death, resignation or removal of a member shall be reported forthwith by the secretary of the board to the director of the board of chosen freeholders, who, by the next regular meeting of the board of chosen freeholders and in the manner herein prescribed for making appointments for a full term, shall appoint a person to fill the vacancy for the unexpired term. L.1971, c. 271, s. 7, eff. July 27, 1971. Amended by L.1979, c. 352, s. 1, eff. Jan. 29, 1980.

N.J. Stat. § 18A:46-36 Qualifications of board members

A member of the board of education created under the provisions hereof shall be a citizen and a resident of the county, shall have been such citizen and resident for at least 2 years immediately preceding his becoming a member of the board, and shall have shown an interest in children with an unusual disability to learn or in the field of mental health. L.1971, c. 271, s. 8, eff. July 27, 1971.

N.J. Stat. § 18A:46-37 Organization

Each board of education for a county special services school district shall organize annually by the election of a president and vice-president on any day, except a Sunday, during the first two weeks of July. L.1971,c.271,s.9; amended 1990,c.38,s.1.

N.J. Stat. § 18A:46-38 Designation and powers of board of education

10. The board of education provided for herein shall be a body corporate and shall be known as "The Board of Education of the Special Services School District of the county of ," (here insert the name of the county in which such school shall be located). The board shall organize and operate in the manner provided by law and shall have the power to appoint or employ such officers, agents and employees as may be required to carry out the provisions of P.L.1971, c.271 and to fix and determine their qualifications, duties, compensation, terms of office and all other conditions and terms of employment and retention. In addition, the board shall have all the powers as are now or may hereafter be provided by law and applicable for other school districts, subject to the additional restrictions provided by this act. L.1971,c.271,s.10; amended 1991,c.293.

N.J. Stat. § 18A:46-39 Board of school estimate

The board of school estimate of such county special services school district shall consist of two members of the board of education of the school district appointed by the board, two members of the board of chosen freeholders of the county appointed by that board, and the director of the board of chosen freeholders. The appointments shall be made annually between January 1 and January 15. In case of a vacancy occurring in the board by reason of the resignation, death or removal of any appointed member, the vacancy shall be filled immediately by the board which originally appointed the member, by appointing another of its members to fill the vacancy. The secretary of the board of education of the county special services school district shall be the secretary of the board of school estimate, but shall receive no compensation as such. L.1971, c. 271, s. 11, eff. July 27, 1971.

N.J. Stat. § 18A:46-40 Estimate of general fund expenses

12. On or before the fourth Tuesday in March in each year the board of education of a county special services school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county special services school district for the ensuing school year. L.1971,c.271,s.12; amended 1978,c.136,s.15; 1992,c.159,s.19; 1993,c.83,s.19.

N.J. Stat. § 18A:46-41 Appropriation for current expenses

13. a. Between the fourth Tuesday in March and April 8 in each year the board of school estimate shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county special services school district for the ensuing school year. b. The board of school estimate shall, on or before the last named date, make two certificates of the amount, signed by at least three of its members, one of which certificates shall be delivered to the board of education of the county special services school district and the other to the board of chosen freeholders of the county. c. The board of chosen freeholders shall, upon receipt of the certificate, appropriate, in the same manner as other appropriations are made by it, the amount so certified, and the amount shall be assessed, levied, and collected in the same manner as moneys appropriated for other purposes in the county are assessed, levied, and collected, unless such amount is to be raised as otherwise hereinafter provided in this act. L.1971,c.271,s.13; amended 1978,c.136,s.16; 1990,c.52,s.61; 1992,c.159,s.20.

N.J. Stat. § 18A:46-42 Bonds, appropriation for land or buildings

14. Whenever a board of education of a county special services school district shall decide that it is necessary to sell bonds to raise money for the purchase of lands or buildings for school purposes or for erecting, enlarging, improving, repairing, or furnishing a building or buildings for the use of the school district, it shall prepare and deliver to each member of the board of school estimate a statement of the amount of money estimated to be necessary for such purpose or purposes. The board of school estimate shall fix and determine the necessary amount and shall make two certificates thereof, one of which certificates shall be delivered to the board of education and the other to the board of chosen freeholders of the county. The board of chosen freeholders may appropriate and borrow such amount for the purpose or purposes aforesaid by issuance of bonds or notes of the county pursuant to the Local Bond Law, notwithstanding any debt or limitation or requirement for down payment therein provided for. The proceeds of the sale of such obligations shall be paid to the treasurer of the county special services school district and shall be paid out by him only on the warrants or orders of the board of education of the county special services school district. The treasurer shall in no event disburse such proceeds, except to pay the expense of issuing and selling such obligations and for the purpose or purposes for which such obligations were issued. If for any reason any part of such proceeds are not applied to or necessary for such purpose or purposes, the board of education of the county special services school district may transfer the balance remaining unapplied to the general fund of the school district. L.1971,c.271,s.14; amended 1993,c.83,s.20.

N.J. Stat. § 18A:46-43 Rights and privileges of teachers, principals and employees

All teachers, principals, and other employees of the board of education of the county special services school district are hereby held to possess all rights and privileges of teachers, principals and other employees of boards of education of other school districts as provided in Title 18A of the New Jersey Statutes. L.1971, c. 271, s. 15, eff. July 27, 1971.

N.J. Stat. § 18A:46-45 Advisory committee

The board of education of any county special services school district shall appoint an advisory committee of not less than 10 members consisting of representatives of recognized parent and professional organizations working exclusively for the children classified as having unusual disability, as well as at least one psychiatrist, one psychologist, one social worker, and, in any county in which the commissioner has established a department of child study, the county child study supervisor. The committee shall meet at least four times per year to consider matters referred to it by the board and to make recommendations to the board. L.1971, c. 271, s. 17, eff. July 27, 1971.

N.J. Stat. § 18A:46-46 Treasurer of board of education

The board of education of any county special services school district may appoint a treasurer, who shall not be a member of the board of education, and fix his salary and term of office. The treasurer shall give bonds in such amounts and with such securities as the board shall determine. L.1971, c. 271, s. 18, eff. July 27, 1971.

N.J. Stat. § 18A:46-47 Establishment of one board of education for county special services, vocational school district.

1. a. Notwithstanding any provisions of law to the contrary, a board of chosen freeholders may, by resolution, establish one board of education for the county special services school district established pursuant to section 1 of P.L.1971, c.271 (C.18A:46-29) and the county vocational school district established pursuant to chapter 54 of Title 18A of the New Jersey Statutes. This board of education shall be known as "The Board of Education of the Special Services School District and the Vocational School District of the county of...." This board shall have all the powers, functions and duties provided to a board of education of a county special services school district pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes and a board of education of a county vocational school district pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes. b. The consolidated board of education established pursuant to subsection a. of this section shall consist of the county superintendent of schools, ex officio, and six persons to be appointed by the chief elected executive officer of the county, or the director of the board of chosen freeholders, with the advice and consent of the remaining members of the board of chosen freeholders, as appropriate to the appointment procedures established by the form of government of the county. In any county having a county mental health board, the chairman thereof, or his designee, shall also serve as an ex-officio, nonvoting member of the board. At least three of the appointed members shall have an interest in children with an educational disability or in the field of mental health and at least three of the appointed members shall have an interest in the field of vocational education. The appointed members shall serve for terms of three years and shall continue to serve until their successors are appointed and qualify. A vacancy in the board shall be deemed to exist, and shall be filled, in the manner prescribed in P.L.1979, c.302 (C.40A:9-12.1). Each appointed member shall be a citizen and resident of the county and shall have been a citizen and resident for at least two years immediately preceding becoming a member of the board. If an appointed member ceases to be a resident of the county, membership on the board shall cease. c. Of the initial members appointed to the board of education established pursuant to subsection a. of this section, two shall serve a one-year term, two shall serve a two-year term, and two shall serve a three-year term. Thereafter when a term of one of the appointed members expires, the vacancy shall be filled as provided pursuant to this section and the member shall serve a three-year term from November 1 next succeeding the date of his appointment. L.2007, c.222, s.1.

N.J. Stat. § 18A:46-48 Existing boards dissolved.

2. Whenever a board of education is established pursuant to subsection a. of section 1 of this act, the board of education of the county special services school district and the board of education of the county vocational school district shall be dissolved upon the first organization of the consolidated board. L.2007, c.222, s.2.

N.J. Stat. § 18A:46-49 Annual organization.

3. Each board of education established pursuant to subsection a. of section 1 of this act shall organize annually on July 1 by the election of a president and vice-president, unless July 1 falls on Sunday, in which case the board shall organize on the following day. If the organization meeting cannot take place on the day hereinabove provided for by reason of a lack of a quorum or for any other reason, the meeting shall be held within 3 days thereafter. L.2007, c.222, s.3.

N.J. Stat. § 18A:46-50 Certain school districts remain independent.

4. Nothing in this act shall be deemed to authorize the consolidation of a county special services school district and a county vocational school district into one school district. If a consolidated board of education is established pursuant to subsection a. of section 1 of this act, the county special services school district and the county vocational school district shall continue to be funded, operated, and maintained as independent school districts. L.2007, c.222, s.4.

N.J. Stat. § 18A:46-51 Employees transferred to consolidated school board.

5. All employees of a board of education dissolved pursuant to this act shall continue in their respective assignments in the county special services school district or the county vocational school district. A consolidated board of education established pursuant to this act shall recognize, preserve, and maintain all rights to tenure, seniority, pension, leaves of absence, and all other terms and conditions of employment, whether created by statute, regulation, contract, or past practice. Any periods of employment with a board of education dissolved pursuant to this act shall count toward the acquisition of tenure and any other rights, benefits, or emoluments to the same extent as if all employment had been with the consolidated board of education established pursuant to this act. L.2007, c.222, s.5.

N.J. Stat. § 18A:46-52 Maintenance of collective bargaining unit, representatives.

6. All collective bargaining units and their respective majority representatives in existence in the county special services school district and the county vocational school district prior to the consolidation of the boards of education shall be maintained without change under a consolidated board of education established pursuant to this act, unless they are otherwise altered through an appropriate petition to the Public Employment Relations Commission for a change in representation or bargaining units. L.2007, c.222, s.6.

N.J. Stat. § 18A:46-53 Reference to consolidated board.

7. If a board of chosen freeholders establishes a board of education pursuant to subsection a. of section 1 of this act, whenever in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise, reference is made to the board of education of the county special services school district, the same shall mean and refer to the consolidated board. L.2007, c.222, s.7.

N.J. Stat. § 18A:46-54 Regulations requiring plan to establish stability in special education programming.

1. The State Board of Education shall promulgate regulations to require school districts to develop a plan to establish stability in special education programming. The plan shall take into account the consistency of the location, curriculum, and staffing in the provision of special education programs and services. The State board regulations shall also require that when developing an individualized education program (IEP) with the parent or guardian of a student who is prone to regression due to frequent changes in location including, but not limited to, students diagnosed with autism spectrum disorder, the IEP team shall consider, among other factors, the consistency of the location of services when determining in-district special education placements. L.2013, c.19, s.1.

N.J. Stat. § 18A:46-55 Regulations incorporating definition of dyslexia.

1. The State Board of Education shall promulgate regulations that incorporate the International Dyslexia Association's definition of dyslexia into chapter 14 of Title 6A of the New Jersey Administrative Code. L.2013, c.131, s.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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