Special Education

POLICY 2460

The Union City Board of Education assures compliance with Part B of the Individuals with Disabilities Education Act (IDEA) and the New Jersey Administrative Code 6A:14-1.1 et seq.  Furthermore, the Board will have programs and procedures in effect to ensure the following:

1.  All students with disabilities, who are in need of special education and related services, including students with disabilities attending nonpublic schools, regardless of the severity of their disabilities, are located, identified, and evaluated according to N.J.A.C.  6A:14-3.3.

2.  Homeless students are located, identified, and evaluated according to N.J.A.C. 6A:14-3.3, and are provided special education and related services in accordance with the IDEA, including the appointment of a surrogate parent for unaccompanied homeless youths as defined in 42 U.S.C. §§11431 et seq.

3.  Students with disabilities are evaluated according to N.J.A.C.   6A:14-2.5 and 3.4.

4.  An Individualized Education Program (IEP) is developed, reviewed and as appropriate, revised according to N.J.A.C.   6A:14-3.6 and 3.7.

5.  To the maximum extent appropriate, students with disabilities are educated in the least restrictive environment according to N.J.A.C. 6A:14-4.2.

6. Students with disabilities are included in State-wide and district-wide assessment programs with appropriate accommodations, where necessary according to N.J.A.C. 6A:14-4.10.  All students with disabilities will participate in State-wide assessments or the applicable alternative assessment in grades three, four, five, six, seven, eight, and high school in the applicable courses.

7.   Students with disabilities are afforded procedural safeguards required by N.J.A.C. 6A:14-2.1 et seq., including appointment of a surrogate parent as set forth in N.J.A.C. 6A:14-2.2 and Policy 2467, when appropriate.

a.  The obligation to make a free, appropriate public education available to each eligible student begins no later than the student’s third birthday and that an individualized education program (IEP) is in effect for the student by that date;

b.  If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP will begin;

c.  A free appropriate public education is available to any student with a disability who needs special education and related services, even though the student is advancing from grade to grade;

d. The services and placement needed by each student with a disability to receive a free, appropriate public education are based on the student’s unique needs and not on the student’s disability; and

e.  The services and placement needed by each student with a disability to receive a free, appropriate public education are provided in appropriate educational settings as close to the student’s home as possible and, when the IEP does not describe specific restrictions, the student is educated in the school he or she would attend if not a student with a disability.

11.  The compilation, maintenance, access to, and confidentiality of student records are in accordance with N.J.A.C. 6A:32-7.

12.  Provision is made for the participation of students with disabilities who are placed by their parent(s) in nonpublic schools according to N.J.A.C. 6A:14-6.1 and 6.2.

13.  Students with disabilities who are placed in private schools by the district Board are provided special education and related services at no cost to their parent(s) according to N.J.A.C. 6A:14-1.1 and N.J.A.C. 6A:14-7.5(b)3.

14.  All personnel serving students with disabilities are highly qualified and appropriately certified and licensed, where a license is required, in accordance with State and Federal law, pursuant to N.J.A.C. 6A:14-1.2(b)13.

15.  Pursuant to N.J.A.C. 6A:14-1.2(b)4, the in-service training needs for professional and paraprofessional staff who provide special education, general education or related services are identified and that appropriate in-service training is provided.  The district Board shall maintain information to demonstrate its efforts to:

a.  Prepare general and special education personnel with content knowledge and collaborative skills needed to meet the needs of children with disabilities;

b.  Enhance the ability of teachers and others to use strategies, such as behavioral interventions, to address the conduct of students with disabilities that impedes the learning of students with disabilities and others;

c.  Acquire and disseminate to teachers, administrators, school Board members, and related services personnel, significant knowledge derived from educational research and other sources and how the district will, if appropriate, adopt promising practices, materials and technology;

d.  Ensure that the in-service training is integrated to the maximum extent possible with other professional development activities; and

e.  Provide for joint training activities of parent(s) and special education, related services and general education personnel. 

The school district shall provide an Assurance Statement to the County Office of Education that the Board of Education has adopted the required special education policies and procedures/regulations and the district is complying with the mandated policies and procedures/regulations.

N.J.A.C. 6A:14-1 et seq.

20 USC §1400 et seq.

34 C.F.R. §300 et seq.

Adopted:  26 July 2005

Revised:  26 March 2009

Revised:  30 March 2017