CODE: 6174.4R
SECTION: INSTRUCTION
SPECIAL EDUCATION (PROCEDURES)
I. Location, Identification and Evaluation (Special Education Policy # 1)
A. Location and Identification
1. This regulation shall apply to pupils ages three through twenty-one, including pupils who attend nonpublic schools and who reside within the school district. This regulation includes procedures to locate pupils who may be disabled and to refer pupils who may be experiencing physical, sensory, communication, cognitive or social difficulties.
2. Teaching staff members, administrative staff and other professional staff of the district, parent (s), legal guardians (s) and/or the adult pupil and other agencies working in and with the school district shall be informed of the referral process that may identify pupils who are experiencing physical, sensory, emotional, communication, cognitive, or social difficulties.
3. Interventions in the general education program to alleviate educational problems shall be provided to the pupil unless the pupil’s educational problem (s) is/are such that direct referral to the child study team (CST) is required in accordance with 4 below.
a. Teaching staff members shall be instructed in the criteria that may identify pupils who are experiencing physical, sensory, emotional, communication, cognitive, or social difficulties. The general education program staff shall maintain written documentation of the implementation and effectiveness of the interventions.
b. When it is determined that interventions through the building Pupil Assistance Committee and other interventions in the general education program have not adequately addressed the educational difficulties and it is believed that the pupil may be disabled, the pupil shall be referred for evaluation to determine eligibility for special education programs and services under N.J.A.C. 6A:14-1 et seq.
c. A determination whether or not to conduct an evaluation shall be made in accordance with 5 below.
4. Interventions in the regular education program are not a prerequisite to an evaluation of services under N.J.A.C. 6A:14-1 et seq. when:
a. It can be documented that the nature of the pupil’s educational problem is such that evaluation to determine eligibility for services under N.J.A.C. 6A:14-1 et seq. is warranted without delay; or
b. The parent (s), legal guardian (s) and/or the adult pupil makes a written request for an evaluation to determine eligibility for services under N.J.A.C. 6A:14-1 et seq. Such a request shall be considered a referral and shall be forwarded without delay to the CST for consideration.
5. When a preschool age or school age pupil is referred for an initial evaluation to determine eligibility for special education programs and services under N.J.A.C. 6A:14-1 et seq., a meeting of the CST, the parent (s) , legal guardian (s) and/or the adult pupil and the regular education teacher who is knowledgeable about the pupil’s educational performance or the school district’s programs shall be convened within twenty calendar days (excluding school holidays, but not summer vacation) of receipt of the written request. This group shall determine whether an evaluation is warranted and, if warranted, shall determine the nature and scope of the evaluation, in accordance with N.J.A.C. 6A:14-3.4 (a). Parental, legal guardian (s) and/or the adult pupil consent for the evaluation shall be obtained.
a. To facilitate the transition from early intervention to preschool, a CST member of the West Milford Township Board of Education shall participate in the preschool transition planning conference arranged by the Department of Health and Senior Services.
b. Preschoolers with disabilities shall have their Individualized Education Programs (IEPs) implemented no later than age three. To assure this, a written request for initial evaluation shall be forwarded to the school district at least one hundred twenty days prior to the preschooler attaining age three.
c. When a preschool age child is referred for an initial evaluation, a speech-language specialist shall participate as a member of the child study team (CST) in the meeting to determine whether to evaluate and the nature and scope of the evaluation.
d. For pupils ages five through twenty-one, when the suspected disability includes a language disorder, the CST, parent (s), legal guardian (s) and/or the adult pupil, a speech-language specialist and the regular education teacher who has knowledge of the pupil’s educational performance or the school district’s programs shall participate in the meeting to decide whether to evaluate and the nature and scope of the evaluation.
e. For pupils ages five to twenty-one, when the suspected disability is a disorder of voice, articulation and/or fluency only, the decision to evaluate and the determination of the nature and scope of the evaluation shall be in accordance with 5 above, except that the meeting shall include the speech-language specialist, the parent (s), legal guardian (s) and/or the adult pupil and the regular education teacher who has knowledge of the pupil’s educational performance or the district’s programs.
6. When it is determined that an evaluation for eligibility for services under N.J.A.C. 6A:14-1 et seq. is warranted, the pupil shall be considered identified as potentially disabled and the disciplinary requirements of N.J.A.C. 6A:14-2.8 shall apply.
7. Audiometric screening and vision screening in accordance with N.J.A.C. 6:29-5 shall be conducted for every pupil referred to the CST for a special education evaluation.
8. Vision screening shall be conducted by the school nurse for every pupil referred to the CST for special education evaluation
B. Determination of Eligibility for Special Education and Related Services
1. When an initial evaluation is completed for a pupil ages three through twenty-one, a meeting in accordance with N.J.A.C. 6A:14-2.3 (i) 1 shall be convened to determine whether the pupil is eligible for special education and related services.
A copy of the evaluation report (s) and documentation of eligibility shall be given to the parent (s), legal guardian (s) and/or the adult pupil. If eligible, the pupil shall be assigned the classification "eligible for special education and related services." Eligibility shall be determined collaboratively by the participants described in N.J.A.C. 6A: 14-2.3 (i) 1.
2. In making a determination of eligibility for special education and related services, a pupil shall not be determined eligible if the determinant factor is due to lack of instruction in reading or math or due to limited English proficiency.
3. A pupil shall be determined eligible and classified "eligible for special education and related services" when it is determined that the pupil has one or more of the disabilities defined below; the disability adversely affects the pupil’s educational performance and the pupil is in need of special education and related services. Classification shall be based on all assessments conducted including assessments by CST members and assessments by other specialists as specified in N.J.A.C. 6A:14-3.5 (c) 1-13. The disabilities are:
a. Auditorily impaired
(1) Deafness
(2) Hearing Impairedb. Autistic
c. Cognitively impaired
(1) Mild cognitive impairment
(2) Moderate cognitive impairment
(3) Severe cognitive impairment
d. Communication impaired
e. Emotionally disturbed
f. Multiply Disabled
(1) Multiple disabilities
(2) Deaf/Blindness
g. Orthopedically impaired
h. Other health impairment
i. Preschool disabled
j. Social Maladjustment
k. Specific learning disabilities
l. Traumatic brain injury
m. Visually impaired
C. Determination of Eligibility for Speech Language Services
1. "Eligible for speech-language services" means a speech and/or language disorder as follows:
a. A speech disorder in articulation/phonology, fluency, voice, and/or combination, unrelated to dialect, cultural differences or the influence of a foreign language which adversely affects a pupil’s educational performance; and/or
b. A language disorder which meets the criteria of N.J.A.C. 6A:14-3.5 (c) 4 and the pupil requires speech language services only.
2. The evaluation of a speech disorder shall be conducted in accordance with N.J.A.C. 6A:14-3.4 (e). Documentation of the educational impact of the speech problem shall be provided by the pupil’s teacher. The speech disorder must meet the criteria in a, b, and/or c below and require instruction by a speech-language specialist:
a. Articulation/phonology: On a standardized articulation or phonology assessment, the pupil exhibits one or more sound production error patterns beyond the age at which 90% of the population has achieved mastery in accordance with current developmental norms and misarticulates sounds consistently in a speech sample.
b. Fluency: The pupil demonstrates at least a mild rating, and its equivalent, on a formal fluency rating scale. In a speech sample, the pupil exhibits disfluency in five percent or more of the words spoken.
c. Voice: On a formal rating scale, the pupil performs below the normed level for voice quality, pitch, resonance, loudness or duration and the condition is evident on two separate occasions, three to four weeks apart, at different times.
3. When the initial speech-language evaluation is completed, classification shall be determined collaboratively by the participants at a meeting in accordance with N.J.A.C. 6A14-2.3 (i) 1. The speech language specialist who conducted the evaluation shall be considered a CST member at the meeting to determine whether a pupil is eligible for speech-language services. A copy of the evaluation report(s) and documentation of eligibility shall be given to the parent (s), legal guardian (s) and/or adult pupil.
4. The IEP shall be developed in a meeting in accordance with N.J.A.C. 6A:14-2.3 (i) 2. The speech-language specialist shall be considered the CST member, the individual who can interpret the instructional implications of evaluation results and the service provider at the IEP meeting. The speech-language specialist shall serve also as the agency representative at the IEP meeting.
5. When a pupil has been determined eligible for speech-language services and other disabilities are suspected or other services are being considered, the pupil shall be referred to the CST.
D. Evaluation Procedures
1. The child study team (CST), the parent (s), legal guardian (s), and/or adult pupil and the regular education teacher who has knowledge of the pupil’s educational performance or the district’s program shall:
a. Review existing data on the pupil, including evaluations and information provided by the parent (s), legal guardian (s) and/or the adult pupil, current classroom-based assessments and observations, and the observations of teachers and related services providers, and consider the need for any health appraisals or specialized medical evaluations;
b. On the basis of the review in 1(a) above, identify what additional data, if any, are needed to determine:
(1) Whether the pupil has a disability under N.J.A.C. 6A:14-1.1 et seq.
(2) The present levels of performance and educational needs of the pupil;
(3) Whether the pupil needs special education and related services;
(4) Whether any additions or modifications to the special education and related services are needed to enable the pupil with a disability to meet annual goals set out in the Individualized Education Program (IEP), and to participate, as appropriate, in the general education curriculum; and
c. Determine which CST members and/or specialists shall conduct the evaluation.
2. Prior to conducting an initial evaluation, the school district shall request and obtain consent to evaluate in accordance with N.J.A.C. 6A:14-3.3 (e).
3. After parental and/or legal guardian consent for initial evaluation of a preschool age or school age pupil, and/or the adult pupil’s consent has been received, the evaluation, determination of eligibility for services under N.J.A.C. 6A:14-1.1 et seq., and, if eligible, development and implementation of the IEP for the pupil shall be completed within ninety calendar days.
If initial evaluation of a preschool age child is warranted, the school district shall take steps to ensure that consent to evaluate is obtained without delay.
4. An initial evaluation shall consist of a multi-disciplinary assessment in all areas of suspected disability. Such evaluation shall include assessment by at least two members of the CST and other specialists in the areas of disability as required or as deemed necessary. Each evaluation of a pupil shall:
a. Include, where appropriate or required, the use of a standardized test (s) which shall be:
(1) Individually administered;
(2) Valid and reliable;
(3) Normed on a representative population; and
(4) Scored as either standard score with a standard deviation or normed referenced scores with a cutoff, andb. Include functional assessment of academic performance and, where appropriate, behavior. Each of the following components shall be completed by at least one evaluator:
1. A minimum of one structured observation by one evaluator in other than a testing session;
(a) In the case of a pupil who is suspected of having a specific learning disability, one evaluator shall observe the pupil’s academic performance in the regular classroom;
(b) An interview with the pupil’s parent (s), legal guardian (s), and/or the adult pupil;
(c) An interview with the teacher (s), referring the potentially disabled pupil;
(d) A review of the pupil’s developmental/educational history including records and interviews;
(e) A review of interventions documented by the classroom teacher (s) and others who work with the pupils; and
(f) One or more informal measures which may include, but not limited to: surveys and inventories, analysis of work, trial teaching, self report, criterion referenced tests, curriculum based assessments, and informal rating scales.
5. When suspected disability is a disorder of articulation, voice or fluency in accordance with N.J.A.C. 6A:14-3.6 (e), the speech-language specialist shall:
a. Meet with the parent (s), legal guardian (s), and/or the adult pupil, and the regular education teacher who is knowledgeable about the pupil’s educational performance or the school district’s programs to review existing data on the pupil, including evaluations and information provided by the parent (s), legal guardian (s), and/or the adult pupil, current classroom-based assessments and observations, and observations of teachers and related service providers;
b. Obtain consent to conduct the evaluation in accordance with N.J.A.C. 6A:14-3.3 (e) 5;
c. Conduct an assessment in accordance with 4 (a) and (b) above. The assessment shall include written information from the classroom teacher of the educational impact created by the speech problem. Such assessment fulfills the requirement for multi-disciplinary evaluations as required in 4 above; and
d. Prepare a written report of the results in accordance with 6 below.
6. A written report of the results of each assessment shall be prepared. At the discretion of the school district, the written report may be prepared collaboratively by the evaluators, or each evaluator may prepare an individually written report of the results of his/her assessments. Each written report shall be dated and signed by the individual (s) who conducted the assessment and shall include:
a. An appraisal of the pupil’s current functioning and analysis of instructional implication (s) appropriate to the professional discipline of the evaluator;
b. A statement regarding relevant behavior of the pupil, either reported or observed, and the relationship of the behavior to the pupil’s academic functioning; and
c. Documentation of the determination of eligibility, when a pupil is suspected of having a specific learning disability, shall include a statement to include the following:
(1) Whether the pupil has a specific learning disability;
(2) The basis for making the evaluation;
(3) The relevant behavior noted during the observation;
(4) The relationship of that behavior to the pupil’s academic performance;
(5) Educationally relevant medical findings, if any;
(6) Whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services; and
(7) The determination concerning the effects of environmental, cultural or economic disadvantage.
7. The reports and assessments of other CST members or specialists from other public school districts, the New Jersey Department of Education, a special services school district, approved clinics or agencies, an educational services commission or professionals in private practice may be submitted to the IEP team for consideration. The IEP team may accept or reject the entire report (s) or any part of the report (s). Acceptance of the report shall be noted in writing, and become part of the report (s) in the district. If a report or part of a report is rejected, a written rationale shall be provided to the parent (s), legal guardian (s), and/or adult pupil by the IEP team.
8. By June 30th of a pupil’s last year in a program for preschoolers with disabilities, a reevaluation shall be conducted, and if the pupil continues to be a pupil with a disability, the pupil shall be classified in accordance with N.J.A.C. 6A 14-3.5 (c) or 3.6 (a).
9. Upon receipt of a written referral to the CST, the school nurse shall review and summarize available health and medical information regarding the pupil and shall transmit the summary to the CST for the meeting in accordance with N.J.A.C. 6A:14-3.4 (a) (1) to consider the need for a health appraisal or specialized medical evaluation.
Participation in Statewide and Districtwide Assessment (Special Education Policy # 5)
Pupils with disabilities shall participate in Statewide assessments in accordance with the following:
A. Accommodations and/or modification approved by the New Jersey Department of Education for the administration of the Statewide assessment will be provided in accordance with the pupil’s Individualized Education Plan (IEP).
B. If the nature of the pupil’s disability is so severe that the pupil is not receiving instruction in any of the knowledge and skills measured by the Statewide assessment and the pupil cannot complete any of the questions on the assessment in a subject area with or without accommodations, the pupil will participate in a locally determined assessment of pupil progress.
C. By the year 2000, alternate assessments shall be administered by the Department of Education so that all students are included in the statewide assessment system.
D. A pupil with a disability may participate in the Special Review Assessment for the High School Proficiency Test after one administration of the High School Proficiency Test or the current State assessment instrument for such purposes when the pupil fails one or more sections of the test, and when the IEP Team determines that the pupil requires an alternative format to demonstrate the knowledge and skills measured by the High School Proficiency Test or the current State assessment instrument for such purposes.
II. Free Appropriate Public Education (Special Education Policy # 7)
The West Milford Board of Education shall ensure that all students with disabilities, including students with disabilities who have been suspended or expelled from school, have available to them a free, appropriate public education, as that standard is set forth under the Individuals with Disabilities Education Act (I.D.E.A.) (20 U.S.C. § 1400 et seq.); students with disabilities are provided with special education and related services and are educated in the least restrictive environment; the rights of students with disabilities and their parent (s), legal guardian(s), and/or the adult pupil are protected; public and private agencies provide educational services to students with disabilities; and the education of students with disabilities is evaluated for its effectiveness.
Programs and services shall be provided to students ages three through twenty-one. The Board shall provide information regarding services available through other state, county and local agencies to parent (s) or legal guardian (s), and/or the adult pupil disabilities below the age of three. The Board is responsible for providing a system of free, appropriate special education and related services to students with disabilities ages three through twenty-one which shall be provided at public expense, under public supervision and with no charge to the parent(s), legal guardian (s), and/or the adult pupil;
be administered, supervised and provided by appropriately certified professional staff members; be located in facilities that are accessible to the disabled; and meet all requirements of N.J.A.C. 6A:14-1 et seq.
With the exception of students placed in nonpublic schools according to N.J.A.C. 6A:14-6.5, all students with disabilities shall be placed in facilities or programs which have been approved by the Department of Education according to N.J.S.A 18A:46-14 and 15. The Board shall ensure that the hearing aids worn by pupils who are deaf and/or hard of hearing are functioning properly. All special education programs and services provided under N.J.A.C. 6A:14-1 et seq. shall be subject to review and approval by the Department of Education.
The Board is eligible for assistance under IDEA Part B for a fiscal year by having a special education plan is effect that is approved by the Department of Education through the county office of education. The plan shall consist of policies, procedures, assurances, a comprehensive system of personnel development, data collection and an application that describes the use of the Part B funds. Such components of this plan shall be consistent with the approved State Plan for Special Education and this chapter. The Board shall have policies, procedures and programs in effect to ensure the following:
A. A free appropriate public education is available to all pupils with disabilities between the ages of three and twenty-one, including students with disabilities that have been suspended to expelled from school;
B. Full educational opportunity to all pupils with disabilities is provided;
C. All pupils with disabilities, who are in need of special education and related services, including students with disabilities attending nonpublic schools, regardless of the severity of their disabilities, are located, identified and evaluated according to N.J.A.C. 6A:14-3.3;
D. An individualized education program is developed, reviewed and, as appropriate, revised according to N.J.A.C. 6A:14-3.6 and 3.7;
E. To the maximum extent appropriate, pupils with disabilities are educated in the least restrictive environment according to N.J.A.C. 6A:14-4.2;
F. Pupils with disabilities are afforded the procedural safeguards required by N.J.A.C. 6A:14-2.1 et seq.;
G. Pupils with disabilities are evaluated according to N.J.A.C. 6A:14-2.5 and 3.4;
H. The compilation, maintenance, access to and confidentiality of pupil records are in accordance with N.J.A.C. 6:3-6;
I. Pupils with disabilities participating in early intervention programs assisted under I.D.E.A. Part C who will participate in preschool programs under this chapter experience a smooth transition and that by the student’s third birthday an individualized education program has been developed and is being implemented according to N.J.A.C. 6A14-3.3 (e);
J. Provision is made for the participation of pupils with disabilities who are placed by their parents in nonpublic schools according to N.J.A.C. 6A:14-6.1 and 6.2;
K. Pupils with disabilities who are placed in private schools by the Board are provided special education and related services at no cost to their parents;
L. All personnel serving pupils with disabilities are appropriately certified and licensed, where a license is required;
M. The inservice training needs for professional and paraprofessional staff who provide special education, general education or related services are identified and the appropriate inservice training is provided; and
N. Pupils with disabilities are included in statewide assessment programs, with appropriate accommodations, where necessary.
The Superintendent of schools shall provide written assurance of the compliance with the requirements of A through N above. Annually, the Board shall describe how it will use the funds under part B of the I.D.E.A. during the next school year. Annually, the Board shall also submit a report on the numbers of pupils with disabilities according to their federal disability category, age, racial-ethnic background, and placement; a report of the staff, including contracted personnel, providing services to identify, evaluate, determine eligibility, develop individualized education programs, provide related services and/or instruction to pupils with disabilities and the full-time equivalence of their assignments and relevant information on current and anticipated personnel vacancies and shortages; and any additional reports as required by the I.D.E.A. (20 U.S.C. §1400 et seq.) including, but not limited to, the number of students with disabilities who are exiting education; subject to suspensions and expulsions; removed to interim alternative education settings; and participating in statewide assessments.
Upon request, additional reports shall be submitted to the Department of Education including, but not limited to, the number of pupils with disabilities by racial-ethnic group identified as potentially disabled, evaluated and newly classified. The Board shall make available to parent (s), legal guardian (s), and/or the adult pupil with disabilities and to the general public all documents relating to the eligibility of the LEA under Part B of the I.D.E.A.
III. Early Intervention Programs/Transition (Special Education Policy # 8)
Early Intervention Programs (EIP) serving children between birth and age three shall be administered by the Department of Health and Senior Services as the lead agency in collaboration with the Departments of Human Services and Education in accordance with P.L. 1992, c. 155.
When an Individualized Education Program (IEP) is developed by the West Milford Township School District for a child age three who has been enrolled in an EIP, and it is determined that the district shall provide a free appropriate public education for that pupil by continuing the program in the EIP for the balance of that school year, the following requirements shall apply:
A. The Board shall be responsible to ensure that the requirements of N.J.A.C. 6A:14 shall be met;
B. A contractual agreement shall be provided between the school district and the EIP;
C. Personnel shall be appropriately certified and, if required, licensed; and
D. Applications for exceptions in accordance with N.J.A.C. 6A14-4.10 shall be made whenever necessary.
When the West Milford Board of Education determines that the child who has been enrolled in the EIP requires an extended year program, the school district may contract with the EIP for the provision of that program.
The West Milford School District Administration shall make available to parent (s), legal guardian (s) of pupils, and/or adult pupils with disabilities, and to the general public all documents relating to the eligibility of the school district under Part B of the Individuals with Disabilities Education Act (IDEA). Words and terms shall be defined in the same manner as those words and terms used in the IDEA and in accordance with N.J.A.C. 6A:14-1.3.
All pupil records shall be maintained in accordance with N.J.A.C. 6:3-6. The parent (s), legal guardian, and/or adult pupil or their designated representative shall be permitted to inspect and review the contents of the pupil’s records maintained by the West Milford Board of Education under N.J.A.C. 6:3-6 without unnecessary delay and before any meeting regarding the Individualized Education Program (IEP).
These procedures apply to all pupil records, which shall include any information concerning an individual pupil gathered from within or outside this school system and maintained within the District regardless of the form; these records may be handwritten, printed, computerized, microfilmed, on tape, etc...
A. Definitions
1. Parent/guardian refers to the natural parents, legal guardians, surrogates or foster parents of a pupil. It should be assumed that all correspondence and communication shall be with the custodial parent. However, divorced or separated parents/guardians not having custody of the pupil are also privileged under this policy when requesting access to information in
writing, provided such parental rights have not been terminated by a court of competent jurisdiction. In the event that these rights have been so terminated or limited, the pupil’s legal custodian must submit appropriate legal documentation to the administrator who is the custodian of the pupil’s file so that improper access to the pupil’s records is not granted. This administrator is responsible for inserting information regarding termination or limitation of access in the pupil’s file and taking action to prevent distribution of any records or computerized mailings of information to the non-custodial parent/guardian who has been denied access.
2. Mandated pupil records means records required by New Jersey regulations including the following:
Personal data - name, address, date of birth, name of parents/guardians, citizenship, and sex; but not data which indicates religious or political affiliation of the pupil or parents (unless requested in writing by the parent or adult student) or the labeling of the pupil as illegitimate;
Daily attendance;
Pupil progress recorded as standardized test scores, report cards, grade or other special program assignments;
Health history and status records compiled in accordance with State regulations including results of any physical examinations given by qualified district employees.
All other records required to be kept by State regulations including records of students classified by the Child Study Team.
3. Permitted records are defined as records approved by the Board of Education that are considered necessary to promote the educational welfare of the pupil. Permitted records must be authorized by resolution adopted by the Board at a regular public meeting. The Board shall report annually at a public meeting a description of the type of pupil records it has authorized certified school personnel to collect and maintain. Records so authorized must comply with code standards as to relevance and objectivity. These records include:
a. Personally authenticated observations, assessments, ratings and anecdotal reports recorded by professional staff members in performance of their duties and intended for review by another person, provided that the originator signs and dates the record; information recorded solely as a memory aid for the originator becomes a pupil record when it is reviewed by any other person, including a substitute;
b. Information, scores, and results obtained from standardized tests or other measures administered by professional staff in addition to the assessments of progress noted above in regard to mandated records;
c. Educationally relevant information provided by the parent (s)/ guardian (s) or adult pupil regarding the pupil’s achievements or school activities;
d. Correspondence with the pupil and/or the pupil’s parent (s)/ guardian (s) or correspondence about the pupil which is educationally relevant;
e. Forms such as those used for emergency notification, registration, withdrawal or transfer, schedule or schedule changes;
f. Records of disciplinary infractions, penalties, and disciplinary hearings in so far as they remain educationally relevant;
g. Records of co-curricular and athletic activities and achievements;
h. Class rank;
i. Awards and honors;
j. Notations of additional records maintained in a separate file;
k. Entries indicating review of the file by an authorized person;
l. Intervention records of students experiencing learning and/or behavioral problems who have not been classified or referred for evaluation.
4. Student directory information means a publication of a district which includes the following information relating to a pupil: name, address, telephone number, grade level, date and place of birth, dates of attendance, major field of study, participation in officially recognized activities, weight and height relating to athletic team membership, degrees, awards, the most recent education agency attended by the pupil, and other similar information.
The building principal of designee shall be responsible for maintaining and securing pupil records in his/her school. These records are to be maintained in a central location. The Director of Special Services shall be responsible for the maintenance and security of records for students who are classified.
The school nurse shall be the custodian of records related to physical, health and the emergency notification.
The principal or Director of Special Services, where appropriate, or their designees shall review all pupil records annually to determine the educational relevance of the contents. Records which are no longer descriptive of the students or educationally relevant, shall be removed and destroyed, except that prior notice must be given for classified students. Such information shall be destroyed and not be recorded elsewhere, and no record of any such deletion shall be made.
All pupil records will be securely maintained under lock and key to protect the integrity of the records and prevent access by unauthorized persons. Secretarial and clerical personnel, including properly assigned aides, may handle and view pupil records only to the limited extent necessary to enter data, amend records, file materials, copy pages, and conduct routine clerical tasks, as specifically directed and supervised by professional personnel.
Any computerized program utilized for the electronic storage and retrieval of pupil information must provide adequate security blocks to protect the records against improper access and alteration. To guard against the loss of pupil records, the administrator responsible for their maintenance must keep an updated duplicate copy.
Access to Pupil Records
Access to pupil records shall mean the right to view, make notes, and/or have a reproduction of the pupil records. It is presumed that the custodial parent (s)/ guardian (s) or adult pupil has the authority to give consent to others to gain access to records, unless the District has been provided with evidence that there is
a legally binding instrument or court order governing such matters as divorce, separation or custody to the contrary. The administrator responsible for pupil records shall permit access to these records only by the following persons and under the circumstances outlined below:
1. The parent (s)/guardian (s) of a minor pupil or of an adult pupil who is financially dependent and still enrolled in the public school system; or the parent (s)/guardian (s) of an adult pupil who has been declared legally incompetent; the parent of an emancipated minor pupil shall be given access to the records with the written permission of that pupil.
2. An adult pupil or with written parental permission, a minor pupil; or a sixteen year old pupil who will be graduating at the end of the term or who is planning to withdraw at the end of the term.
3. Certified staff members with assigned educational responsibility for the pupil.
4. The Commissioner of Education and members of the New Jersey Department of Education staff who are required to review records in the performance of their responsibilities;
5. Officers and employees of a state agency responsible for protective and investigative services when pupils are referred for suspected child abuse;
6. Persons not affiliated with the school who have the written consent of the parent (s)/guardian (s) to gain access to the records; in such cases, a written request for access and the written permission from the parent (s)/guardians must be first presented to the administrator responsible for the records and information in the records under review shall not be transferred to a third party without the consent of the parent(s)/guardian(s);
7. Persons who would not otherwise have access upon presentation of a court order and provided that the parent (s)/guardian (s) or adult pupil has been given at least three day written notice of the name of the requesting agency and the records being required; such notice to the parent (s)/guardian (s) is not required when there is a judicial order to the contrary; only those portions of the record related to the purpose of the court order shall be disclosed;
8. Bona fide researchers approved by the Superintendent after submission of a written request specifying the nature of the research, the relationship of the records to that research, and assurances that the pupil (s) shall remain anonymous and information shall be kept confidential;
9. Non adult pupils or other appropriate persons in connection with an emergency, if such knowledge is necessary to protect the health or safety of the pupil or other persons; in such cases, consideration shall be given to the seriousness of the threat to the health and safety of the student or others, the need for the information to meet the emergency, the likelihood that the parties to whom the information is disclosed can deal with the emergency, and the extent to which time is of the essence in dealing with the emergency.
Authorized persons shall be granted access to records with-in ten days of a written request, or prior to any review or hearing conducted in accordance with State Board of Education regulations, whichever comes first. In addition, prior to any meeting regarding an individualized education program, the parent (s)/guardian (s), adult pupil or designated representative with the appropriate consent, shall be permitted to inspect and review the contents of a pupil’s records. All requests should be made to the case manager or the Director of Special Services in either verbal or written form.
The principal or Director of Special Services or designee shall be present during the time of inspection to provide interpretation of records where necessary; to prevent altercation, damage or loss; and, to restrict review in cases where limitation is a condition of access.
No pupil record shall be altered or destroyed during the time period between a request to review and the actual review.
Professional staff members with responsibility for the pupil shall be limited to the record or portion of the record related to the purpose for which access was granted. A parent/guardian or adult pupil shall have access to or be specifically informed about only that portion of another pupil’s record that contains information about his/her own child or himself/herself.
In every case of review by persons other than parents/guardians, pupil’s or persons with assigned educational responsibility for the pupil, an entry shall be made in the record indicating the name of the person (s) granted access, the reasons access was granted, the time and circumstances of the review, the records under review, and purpose for which data was used.
A record may be withheld from a parent/guardian or pupil authorized in "1" or "2" above only when the local education agency obtains a court order or is provided with evidence that there is a court order revoking the right to access. Only that portion of the record designated by the court may be withheld. When the local education agency has or obtains evidence of such court order the parent or adult pupil shall be notified in writing with five days of his or her request that access to the record has been denied and that the person has the right to appeal this decision to the court issuing the order.
An authorized person may request a photocopy of all or a portion of that part of the pupil’s record to which the reviewer was granted access. Copies will be made by district personnel for a reasonable fee; the administrator responsible for the records may waive the fee if the charge would prevent the parent (s)/guardian (s) or adult pupil from exercising rights of access and appeal under pupil records regulations and/or due process right for students with disabilities.
Directory information shall be provided to educational, occupational, and military recruiters. At the beginning of each school year, parent (s)/ guardian (s) or adult pupils shall be provided with a ten day period to submit a written statement to the Superintendent prohibiting the school from including any or all types of information about the students in any student information directory before allowing access to this document by educational, occupational and military recruiters pursuant to N.J.S.A. 18A:36-19.1. Written notification to parent (s)/guardians (s) of the availability for directory information to education, occupational and military recruiters shall be contained in the High School Student Handbook and the district calendar. Annually, directory information is reported at a Board of Education meeting.
No liability shall be attached to any member, officer or employee of the district for permitting access or furnishing pupil records in accordance with these regulations.
When the dominant language of the parent (s)/guardian (s) or adult pupil is not English, or the parent or adult pupil is hearing impaired, interpretation of the record in the method of communication or dominate language shall be provided whenever feasible.
B. Rights of Appeal for Parent (s)/Guardians (s) and Adult Pupils in Regard to Records
Parent (s)/guardian (s) and adult pupils may challenge pupil records on the grounds of inaccuracy, irrelevancy, nonpermissive disclosure, inclusion of improper information or denial of access organizations, agencies and persons. The parent of adult pupil may seek to :
1. Expunge inaccurate, irrelevant or otherwise improper information from the record;
2. Insert additional data as well as reasonable comments as to the meaning and/or accuracy of the records;
3. Request an immediate stay of disclosure pending final determination of the challenge procedure described below.
To appeal the contents of a pupil record, the parent (s)/guardians (s) or adult pupil must notify the Superintendent in writing of the issues related to that record. The Superintendent or his/her designee shall meet with the parent/guardian or adult pupil within ten days of the notification. If the issue is not resolved at that time and the Superintendent does not make the requested changes, the parent (s)/guardian (s) or adult pupil is to be informed of the right to appeal to the Board of Education or the Commissioner of Education and that this appeal should occur within the days of the Superintendent’s decision. If the appeal goes to the district Board of Education, a determination must be made within twenty days of the request and the parent (s)/guardian (s) informed in writing of the Board’s decision and of the right to appeal to the Commissioner of Education. The appeal to the Board shall be held in private session, unless the parent (s)/guardian (s) or adult pupil requests a public hearing. During all stages of this process, the parent (s)/ guardian (s) or adult pupil shall have a full and fair opportunity to present evidence relevant to the issue. A record of the appeal proceedings and outcome shall be made a part of the pupil record with copies made available to the parent (s)/guardian (s) or adult pupil.
Appeals of records of classified students shall be made in accordance with the requirements of N.J.A.C. 6A:14.
Regardless of the outcome of any appeal, a parent/guardian or adult pupil shall be permitted to place a statement in the pupil record commenting upon the information in the pupil record or setting forth any reasons for disagreement with the decisions. Such statements shall be maintained as parent of the pupil record as long as the contested portion of the record is maintained. If the contested portion of the record is disclosed to any party, the statement commenting upon the information must also be disclosed to that party.
C. While that student is still enrolled in the public school system, the record is regarded as incomplete and not subject to the Destruction of Public Record Law (N.J.S.A. 47:3-15).
Upon graduation or permanent departure of a pupil from the school system, the parent (s)/guardian (s) or adult pupil shall be notified in writing by the principal when records other than those which are required to be permanently maintained will be destroyed and that a copy of the entire pupil record will be provided to them upon request. In regard to Child Study Team records, the Director of Special Services shall provide this notification. The district shall maintain in perpetuity the pupil’s name, date of birth, sex, address, telephone number, grades, attendance record, classes attended, grade level completed, year completed, name of parent (s)/guardian (s) and citizenship status. The district may destroy the other mandated or permitted records after receiving written parental permission.
Destruction and disposal shall be accomplished in a manner which ensures confidentiality; documents should be sufficiently shredded so that information cannot be retrieved.
Reasonable attempts must be made to provide notification and secure written consent before records are destroyed. Attempts will be judged unsuccessful after registered mail to the last known address is returned as undeliverable or after notification having been received, the parent (s)/guardian (s) or adult pupil fails to submit written consent within 20 days of receipt of notification.
IV. In-Service Training (Special Education Policy # 14)
The Superintendent will assure that all members of the regular and special education staff, who have responsibility for the instruction of pupils with educational disabilities, have sufficient in-service training to enable them to perform their instructional duties effectively.
The Director of Special Services working in concert with the Coordinator of Educational Support Services and the Director of Education shall arrange for guest speakers with expertise to present at District Professional Days. Such annual Professional Day training will be offered to all general and special education personnel and will consist of training in content knowledge, collaborative skills and behavioral strategies/interventions in meeting the needs of students with disabilities.
The Director of Special Services with the District’s Child Study Teams will annually arrange for Special Education evening training sessions, open to all District staff and parents, addressing areas of need and concern for the effective education of students with disabilities. Such training may also be offered through the District’s after school hours Staff Development/In-Service Training Program.
Through the Office of the Director of Special Services, regular education and special education staff in the District will be informed on an annual basis of relevant out-of-district training seminars, workshops, conferences and courses, to enhance their professional growth in the area of providing an appropriate education for students with disabilities. District staff will be encouraged and funded to attend such out-of-district training.
The overall in-service training program for the District, consisting of Professional Days, after school hours in-district in-service courses, evening parent and staff joint training sessions and out-of-district professional training opportunities, shall be designed to:
1. Prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of children with disabilities:
2. Enhance the ability of teachers and others to use strategies, such as behavioral interventions, to address the conduct of students with disabilities that impedes the learning of students with disabilities and others;
3. Acquire and disseminate to teachers, administrators, school board members, and related services personnel, significant knowledge derived from educational research and other sources and how the district will, if appropriate, adopt promising practices, materials and technology.
4. Insure that the in-service training is integrated to the maximum extent possible with other professional development activities; and
5. Provide for joint training activities of parents and special education, related services and general education personnel.
First Reading: December 12, 2000
Adopted: December 19, 2000