Bill Text: NJ A1010 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes educational service providers to provide in-district special education instructional programs.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Education Committee [A1010 Detail]
Download: New_Jersey-2010-A1010-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
Co-Sponsored by:
Assemblymen Conaway and Conners
SYNOPSIS
Authorizes educational service providers to provide in-district special education instructional programs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the provision of public school district special education programs, amending N.J.S.18A:46-14, and supplementing chapter 46 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:46-14 is amended to read as follows:
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 or a special education instructional program in the district including a program implemented and managed by a contracted educational service provider retained by, and under the control of, the board of education in accordance with a contract between the district and the provider, including a class or classes or a special education program 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 handicapped pupil 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 handicapped pupils, 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.1996, c.138 (C.18A:7F-1 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.1996, c.138 (C.18A:7F-3), 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, (b) suitable approved facilities and programs for children under the age of five.
(cf: P.L. 1996, c.138, s.74)
2. (New section) a. Notwithstanding any provision of law or regulation to the contrary, an in-district special education instructional program may be provided in accordance with a contract entered into between a board of education and an educational service provider, including a provider approved by the Department of Education as a clinic or agency, provided that the program is under the control of the board. The department shall not require approval of that provider as a private school for the disabled.
b. A board of education that has entered into a contract with an educational service provider to provide an in-district special education instructional program pursuant to the provisions of subsection a. of this section may receive out-of-district students for placement in the program and shall determine a tuition rate in accordance with the provisions of N.J.S.18A:46-21.
c. The special education programs and services provided pursuant to the contract shall be subject to the approval and oversight of the department.
d. A board of education that has entered into a contract with an educational service provider to provide an in-district special education instructional program pursuant to the provisions of subsection a. of this section shall retain all responsibility for the provision of a free, appropriate public education for students with disabilities and for compliance with all other statutory and regulatory requirements including, but not limited to: teacher certification, criminal history record checks, and facilities, curriculum and instructional requirements. The board of education shall maintain all related documentation for such matters.
e. A board of education shall notify the county superintendent of schools prior to entering into a contract with an educational service provider to provide an in-district special education instructional program. The notification shall include the term of the contract and such other information regarding the contract as the commissioner determines.
3. This act shall take effect immediately.
STATEMENT
This bill authorizes the provision of in-district special education instructional programs by a contracted educational service provider, including a provider approved by the Department of Education as a clinic or agency. The program must be provided in accordance with a contract entered into between a board of education and the provider and control of the program must be retained by the board. The bill stipulates that the department may not require approval of the educational service provider as a private school for the disabled.
The bill also clarifies the authority of the sponsoring school district to receive out-of-district students for placement in the special education program and to determine a tuition rate for those students in accordance with existing law.
1) ensures that the special education programs and services provided pursuant to the contract will be subject to the approval and oversight of the department;
2) clarifies that the board of education that has entered into the contract will retain responsibility for the provision of a free, appropriate public education for students with disabilities and for compliance with all other statutory and regulatory requirements including, but not limited to: teacher certification, criminal history record checks, and facilities, curriculum and instructional requirements. The board will also be required to maintain all related documentation for such matters; and
3) requires the board of education to notify the county superintendent of schools that it is entering into a contract of this type. The notification will include the term of the contract and such other information regarding the contract as the commissioner determines.
