Bill Text: NJ S1681 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires local school districts to assume administrative responsibility for charter school special education students referred for private school placements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-11 - Introduced in the Senate, Referred to Senate Education Committee [S1681 Detail]
Download: New_Jersey-2010-S1681-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires local school districts to assume administrative responsibility for charter school special education students referred for private school placements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning private school placements of charter school special education students and amending P.L.1995, c.426.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1995, c.426 (C.18A:36A-11) is amended to read as follows:
11. a. A charter school shall operate in accordance with its charter and the provisions of law and regulation which govern other public schools; except that, upon the request of the board of trustees of a charter school, the commissioner may exempt the school from State regulations concerning public schools, except those pertaining to assessment, testing, civil rights and student health and safety, if the board of trustees satisfactorily demonstrates to the commissioner that the exemption will advance the educational goals and objectives of the school.
b. A charter school shall comply with the provisions of chapter 46 of Title 18A of the New Jersey Statutes concerning the provision of services to handicapped students; except that [the fiscal responsibility for any student currently enrolled in or] , in the event that a student enrolled in a charter school is determined to require a private day or residential school, [shall remain with] the district of residence shall assume fiscal and administrative responsibility for the placement and for all future assessments, determinations, and placements of the student.
[Within 15 days of the signing of the individualized education plan, a charter school shall provide notice to the resident district of any individualized education plan which results in a private day or residential placement. The resident district may challenge the placement within 30 days in accordance with the procedures established by law.]
c. A charter school shall comply with applicable State and federal anti-discrimination statutes.
(cf: P.L.2007, c.260, s.57)
2. This act shall take effect immediately.
STATEMENT
Under current law, a charter school that refers a student to a private day or residential school for special education services maintains administrative responsibility for that student, while the district of residence (or local school district in which the student's family resides) assumes fiscal responsibility for the private school placement. Under this bill, once a charter school determines that one of its students requires a private school placement, the district of residence will assume both fiscal and administrative responsibility for that placement and for all future assessments, determinations, and placements of that student.
