SPECIAL EDUCATION N.J.A.C. 6A:14

THREE MAIN AREAS OF CHANGE Reviewed the amendments originally proposed to the State Board in 2013 Limit proposed changes to those that:  Align the code with Federal and State requirements,  Align the code with a Council on Local Mandates decision, and  Correct typographical errors and remove outdated references.

OTHER AMENDMENTS PROPOSED IN 2013 Task Force on Improving Special Education for Public School Students was established by the state legislature and convened on July1,  Charged with examining issues associated with improving the funding, delivery and effectiveness of special education programs and services for public school students.  Will consider issues related to the other amendments proposed in  Meets for six months and then issues report to the Governor and Legislature including findings and recommendations.

ALIGN STATE REGULATIONS WITH FEDERAL REGULATIONS Adding a requirement that a one-time consent be obtained before accessing a child’s or parent’s public benefits or insurance for the first time[2.3(a)6].  34 CFR § (d) Adding two additional instances when a copy of the procedural safeguards statement must be provided to parents by the school district when a: Request for a complaint investigation is submitted to the Department[2.3(g7iv)]; and Student is removed for disciplinary reasons and the removal constitutes a change in placement [2.3(g)7v].  34 §CFR

ALIGN STATE REGULATIONS WITH FEDERAL REGULATIONS Amending to incorporate that a parent may obtain only one independent evaluation after a district initial evaluation or reevaluation [2.5(c)].  34 CFR § (a)(b)(5) - limits parents’ right to an independent evaluation to one evaluation following a district evaluation. Repealing language that allowed a school district to conduct assessments in an area not already assessed by the school district, prior to an independent evaluation [2.5(c)1 and 1i-iv].  March 28, 2012 Federal directive - requires a district to either grant an independent evaluation request or file a due process petition seeking to deny the request.

ALIGN STATE REGULATIONS WITH FEDERAL REGULATIONS Replacing the terms “cognitively impaired” with “intellectual disability” and deleting reference to “mentally retarded,” “trainable,” “educable,” and “eligible for day services” [3.5(c)3 and10i].  Federal Pub. L removed all references in the IDEA to “mental retardation” and replaced it with “intellectual disability.” Amending to clarify that a preschool child with a disability corresponds to a child between the ages of three and five who is experiencing a developmental delay or is a child with an identified disabling condition [3.5(c)10ii].  34 CFR §300.8(b) and (b)

IMPLEMENT NEW STATE REQUIREMENTS Proposing new requirements to address stability in special education services including: (1) school districts develop a plan to establish stability in special education programming [1.2(b)19]; and (2) IEP teams consider the consistency of the location of services for students who are prone to regression due to frequent changes in location [3.7(c)4].  State P.L. 2013, c.19

IMPLEMENT NEW STATE REQUIREMENTS Proposing to adopt the International Dyslexia Association’s definition for dyslexia [1.3].  State P.L. 2013, c requires the Department to incorporate this definition for dyslexia into code Amending the class age range for special class programs at the elementary level from three years to four years [4.7(a)2].  July 26, 2007 Council on Local Mandates – decided that the State regulation was an unfunded mandate in violation of Article VIII, Section 2, paragraph 5 of the New Jersey Constitution.

GENERAL CHANGES Three typographical errors are proposed for amendment. Two outdated references are proposed for removal.