Issue: Whether an Administrative Law Judge may consider an unaccredited school as an appropriate placement under the Individuals with Disabilities Education Act (IDEA) and New Jersey law.
| Area of Law: | Education Law |
| Keywords: | Special education; Classified students; Individuals with Disabilities Education Act (IDEA) |
| Jurisdiction: | Federal, New Jersey |
| Cited Cases: | None |
| Cited Statutes: | N.J.A.C. 6A:14-4.3'(b)(11), § 6A:14-4.3; N.J.S.A. 18A:46-14; N.J.A.C. 6A:14-1.1(d); N.J.A.C. § 6A:14-4.3 |
| Date: | 11/01/2011 |
N.J.A.C. 6A:14-4.3(b)(11) permits consideration of any placement that, while not satisfying the preceding program options, nonetheless offers “Instruction in other appropriate settings according to N.J.A.C. 6A:14-1.1(d).”
The IDEA and New Jersey law contemplate a variety of placement options available for the special education of classified students. N.J.A.C. § 6A:14-4.3, implementing the Naples Act, N.J.S.A. 18A:46-14, provides:
(b) If it is determined that a student with a disability cannot remain in the general education setting with supplementary aids and services for all or a portion of the school day, a full continuum of alternative placements as set forth below shall be available to meet the needs of the student. Alternative educational program options include placement in the following:
1. Single subject resource programs outside the general education class;
2. A special class program in the student’s local school district;
3. A special education program in another local school district;
4. A special education program in a vocational and technical school;
5. A special education program in the following settings
i. A county special services school district;
ii. An educational services commission;
iii. A jointure commission; and
iv. A New Jersey approved private school for students with disabilities or an out-of-State school for students with disabilities in the continental United States approved by the department of education in […]