Title 18A, Title 18A: EDUCATION

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 …

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 …

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…

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 wheth…

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…

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) phy…

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…

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 rest…

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, convalesc…

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 edu…

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 treatm…

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 o…

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 desig…

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 r…

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 "Administrat…

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.

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 t…

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…

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 com…

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 publi…

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…

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 t…

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 o…

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 …

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 r…

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 s…

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…

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…

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 socia…

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.…

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…

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…

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 thi…

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…

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, sens…

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.

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 …

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 educa…

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…

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 ombuds…

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.

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. The…

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 …

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…

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 o…

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, decl…