6A:16-10.2 Home or out-of-school instruction for a general educationstudent for reasons other than a temporary or chronic health condition
(a) The district board of education shall provide instructional services to an enrolled general education student at the student's home or other suitable out-of-school setting under the following conditions:
1. The student is mandated by State law and rule for placement in an alternative education program for violations of N.J.A.C. 6A:16-5.5 and 5.6 but placement is not immediately available;
2. The student is placed on short-term or long-term suspension from participation in the general education program pursuant to N.J.A.C.6A:16-7.2 and 7.3; or
3. A court order requires that the student receive instructional services in the home or other out-of-school setting.
(b) The school district shall provide services no later than five school days after the student has left the general education program.
(c) The school district in which a student resides shall be responsible for the costs of providing instruction in the home or out-of-school setting either directly or through contract with another board of education, educational services commission, jointure commission or approved clinic or agency.
(d) The services shall meet the following minimum standards:
1. The school district shall develop an Individualized Program Plan (IPP) for delivery of instruction and maintain a record of delivery of instructional services and student progress.
i. For a student expected to be on home instruction for 30 calendar days or more, the IPP shall be developed within 30 calendar days after placement.
(1) For a student on short-term suspension from the general education program pursuant to N.J.A.C. 6A:16-7.2, development of an IPP is not required.
(2) For a student on long-term suspension from the general education program pursuant to N.J.A.C. 6A:16-7.3, the IPP shall be developed within 30 days following a determination by the district board of education.
ii. The IPP shall be based upon consultation with the student's parent and a multidisciplinary team of professionals with appropriate instructional and educational services credentials to assess the educational, behavioral, emotional, social and health needs of the student and recommend a program to address both educational and behavioral goals;
iii. The IPP shall incorporate any prior findings and actions recommended through the school building system of Intervention and Referral Services, pursuant to N.J.A.C. 6A:16-8, Intervention and Referral Services;
iv. The IPP shall recommend placement in an appropriate educational program, including supports for transition back to the general education setting; and
v. The school district shall review the student's progress, consult with the student's parent and revise the IPP no less than every 60 calendar days.
2. The teacher providing instruction shall be appropriately certified for the subject and grade level of the student pursuant to N.J.A.C. 6A:9, Professional Licensure and Standards.
3. The teacher shall provide one-on-one instruction for no fewer than 10 hours per week on three separate days of the week and no fewer than 10 hours per week of additional guided learning experiences that may include the use of technology to provide audio and visual connections to the student's classroom.
i. If home instruction is provided to students in a small group rather than through one-on-one instruction, direct instruction that may include guided learning experiences shall be provided for no fewer than 20 hours per week provided on no fewer than three separate days during the week and the student to teacher ratio shall not exceed 10:1.
4. The instruction shall meet the Core Curriculum Content Standards in accordance with N.J.A.C. 6A:8 and the requirements of the district board of education for promotion and graduation.
(e) If instruction is delivered in the student's home, a parent or other adult 21 years of age or older who has been designated by the parent shall be present during all periods of home instruction.
(f) Refusal or failure by a parent to participate in the development and revision of the student's IPP as required in (d) above or to be present in the home as required in this subchapter may be deemed a violation of compulsory education laws, pursuant to N.J.S.A. 18A:38-25 through 31, and child neglect laws, pursuant to N.J.S.A. 9:6-1 et seq.
(g) The district board of education shall maintain a summary record concerning students receiving home or out-of-school instruction because they could not be placed in the setting recommended as most appropriate in the students' IPPs.
1. The summary record shall provide information concerning the number of students categorized by age, grade and gender, the number of weeks on home instruction before placement in the recommended setting, and the reasons for delay.
2. The district board of education shall provide the summary report annually to the county superintendent of schools.
Amended by R. 2005 d. 297, effective September 6, 2005. See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b). Technical changes to (a)2; and updated N.J.A.C. cite in (b)8. Recodified in part from N.J.A.C. 6A:16-10.1 and amended by R. 2006 d. 366, effective October 16, 2006. See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c). Section was "Student placement". Section combined with former N.J.A.C. 6A:16-10.2, Service requirement, and substantially amended.