N.J. Admin. Code § 6A:14-2.10 : EDUCATION — SPECIAL EDUCATION — PROCEDURAL SAFEGUARDS —2.10 - Reimbursement for unilateral placement by parents

(a) Except as provided at N.J.A.C. 6A:14-6.1(a), the district board of education shall not be required to pay for the cost of education, including special education and related services, of a student with a disability if the district board of education made available a free, appropriate public education and the parents elected to enroll the student in a nonpublic school, an early childhood program, or an approved private school for students with disabilities.
(b) If the parents of a student with a disability who previously received special education and related services from the district of residence enroll the student in a nonpublic school, an early childhood program, or approved private school for students with disabilities without the consent of, or referral by, the district board of education, an administrative law judge may require the district board of education to reimburse the parents for the cost of enrollment if the administrative law judge finds that the district board of education had not made a free, appropriate public education available to the student in a timely manner prior to enrollment and that the private placement is appropriate.
1. A parental placement may be found to be appropriate by a court of competent jurisdiction or an administrative law judge pursuant to N.J.A.C. 6A:14-6.5for placements in unapproved schools, even if the parental placement does not meet the standards that apply to the education provided by the district board of education.
(c) The parents must provide notice to the district board of education of their concerns and intent to enroll their child in a nonpublic school at public expense. The cost of reimbursement described at (b) above may be reduced or denied:
1. If, at the most recent IEP meeting that the parents attended prior to the removal of the student from the public school, the parents did not inform the IEP team that they were rejecting the IEP proposed by the district board of education;
2. If, at least 10 business days (including any holidays that occur on a business day) prior to the removal of the student from the public school, the parents did not give written notice to the district board of education of their concerns or intent to enroll their child in a nonpublic school;
3. If, prior to the parents' removal of the student from the public school, the district board of education proposed a reevaluation of the student and provided notice pursuant to N.J.A.C. 6A:14-2.3(g) and (h), but the parents did not make the student available for the reevaluation; or
4. Upon a judicial finding of unreasonableness with respect to actions taken by the parents.
(d) The cost of the reimbursement for enrollment in a nonpublic school shall not be reduced or denied if the parents failed to provide the required notice described in (c)1 and 2 above if the conditions in (d)3 and 4 below are met, and, at the discretion of a court or an administrative law judge, may not be reduced if the conditions in (d)1 and 2 below are found to exist:
1. The parent cannot read and/or write in English;
2. Compliance with the notice requirement in (c)1 and 2 above would likely result in physical or serious emotional harm to the student;
3. The district board of education prevented the parent from providing the notice specified in (c)1 and 2 above; or
4. The parent had not received written notice according to 6A:14-2.3(e) and (f) of the notice requirement that is specified in (c)1 and 2 above.

N.J. Admin. Code § 6A:14-2.10

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a), inserted a reference to early childhood programs; and rewrote (b).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a) and (b), substituted "students with disabilities" for "the disabled"; in (b), inserted "for placements in unapproved schools" in the last sentence; in (c)3, updated the N.J.A.C. reference; in (d), rewrote the introductory paragraph.
Amended by 52 N.J.R. 1822(b), effective 10/5/2020