New Jersey-2018-A3573-Introduced

An Act concerning the provision of special education programs and amending N.J.S.18A:46-14 and N.J.S.18A:46-21.

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 pupil with a disability 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. In the event that the privately operated day classes provide sectarian instruction or services, the privately operated day classes shall not exclude a student based on membership in a protected group enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.);

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 pupils with disabilities, 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. In the event that the accredited nonpublic school provides sectarian instruction or services, the accredited nonpublic school shall not exclude a student based on membership in a protected group enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).

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, and (b) suitable approved facilities and programs for children under the age of five.

(cf: P.L.2017, c.131, s.48)

2. 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 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 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, the receiving school shall provide an itemized invoice to the sending district detailing the educational services provided to the pupil, and 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. Tuition 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.

(cf: P.L.2017, c.131, s.51)

3. This act shall take effect immediately.

STATEMENT

This bill revises current law at N.J.S.18A:46-14 which lists the types of programs and facilities that may be utilized by a public school district to provide educational services to special education students. Currently a school district may place a special education student in privately-operated day classes or an accredited nonpublic school if the services of those entities are nonsectarian. This bill eliminates the nonsectarian requirement. The bill provides that if a public school student is placed in privately-operated day classes or an accredited nonpublic school that provides sectarian instruction or services, the receiving school must provide an itemized invoice to the sending district detailing the educational services provided to the student. The tuition charged for the placement of that student may only include the costs associated with the nonsectarian component of the pupil's educational program and services. The bill also stipulates that a receiving school could not exclude a student based on membership in a protected group enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).