N.J. Admin. Code § 6A:14-7.2 : EDUCATION — SPECIAL EDUCATION — RECEIVING SCHOOLS —7.2 - Approval procedures to establish a new approved private school for students with disabilities

(a) Prior to the establishment of an approved private school for students with disabilities, an application shall be submitted to the Department of Education according to the following schedule:

1. The applicant shall submit a description of the program and services to be offered that shall include, but not be limited to:

i. The educational philosophy of the program;

ii. Characteristics of the program, which shall include the number of students to be served, numbers and types of classes, number of school days, and daily hours in session;

iii. The curriculum and materials, including a description of how the New Jersey Student Learning Standards will be implemented;

iv. A mechanism for evaluating student progress and program efficacy; and

v. The organizational structure, including projected number of personnel by title, job function, and personnel requirements, including certification;

2. The applicant shall include a survey of need indicating the number, age range, types of students with disabilities to be served by the proposed programs/services, and the reasons the students cannot be served in the school district of residence, supported by documentation from district board (s) of education. The Department of Education shall determine if the program to be provided by the approved private school for students with disabilities is needed and shall notify the applicant of the decision no later than 90 calendar days after receipt of the survey of needs.

i. Any appeal of a decision to deny approval may be made to the Commissioner of Education in accordance with N.J.A.C. 6A:3;

3. Additionally, each approved private school for students with disabilities shall submit:

i. An affidavit that its programs and services for students with disabilities are nonsectarian and in compliance with N.J.S.A. 18A:46-1 et seq., N.J.A.C. 6A:14, IDEA ( 20 U.S.C. §§ 1400 et seq.), and the Rehabilitation Act of 1973 (U.S P.L. 93-112 Section 504, 29 U.S.C. § 794a );

ii. The administrative policies and procedures of the school;

iii. An assurance that necessary emergency procedures will be followed;

iv. A copy of the approval of the facility by the issuing agency, including a certificate of occupancy and certification of health and fire approval;

v. A copy of the certificate of incorporation;

vi. Staffing information, which shall include a list of professional staff who will provide services. The list shall verify each individual's certification and license, if one is required, the function he or she will perform, and that a criminal history review pursuant to N.J.S.A. 18A:6-7.1has been completed for the individual; and

vii. A projected budget in accordance with N.J.A.C. 6A:23-4.

N.J. Admin. Code § 6A:14-7.2

Administrative Change, 48 N.J.R. 1802(a).

Amended by 52 N.J.R. 1822(b), effective 10/5/2020