ASSEMBLY, No. 2869
STATE OF NEW JERSEY
INTRODUCED MAY 10, 2012
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblymen S.Kean, Giblin, McKeon, Assemblywomen Simon, Angelini, Assemblyman Eustace, Assemblywomen Wagner, Caride, B.DeCroce, Casagrande and Assemblyman Rible
Eliminates restriction on placement of special education students in sectarian schools.
CURRENT VERSION OF TEXT
As amended by the General Assembly on May 20, 2013.
An Act concerning the provision of special education programs and amending N.J.S.18A:46-14 1and N.J.S.18A:46-211 .
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, 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 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
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.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, (b) suitable approved facilities and programs for children under the age of five.
(cf: P.L.2007, c.260, s.71)
12. N.J.S.18A:46-21 is amended to read as follows:
18A:46-21. Any board of education, jointure commission, or private school for the handicapped 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.
In the event that a pupil is placed pursuant to N.J.S.18A:46-14 in privately operated day classes or an accredited nonpublic school, which provides sectarian instruction or services, 2the receiving school shall provide an itemized invoice to the sending district detailing the educational services provided to the pupil, and2 the tuition charged pursuant to this section shall only include the costs associated with the nonsectarian component of the pupil’s educational program and services.1 2Tuition funds received from the sending district shall not be used for the purpose of sectarian instruction, the construction or maintenance of sectarian facilities, or for any other sectarian purpose or activity.2
(cf: P.L.1986, c.50, s.1)
1[2.] 3.1 This act shall take effect immediately.