R 2460.30  ADDITIONAL/COMPENSATORY SPECIAL EDUCATION     	         AND RELATED SERVICES
The Board of Education shall provide additional or compensatory special education and related services to students with disabilities beyond the age of twenty-one pursuant to N.J.S.A. 18A:46-6.3.
As used in N.J.A.C. 18A:46-6.3(h) and this Regulation, “parent” means the natural or adoptive parent, the legal guardian, resource family parent when willing to so serve, a surrogate parent, or a person acting in the place of a parent, such as a grandparent or stepparent with whom the student lives, or a person legally responsible for the student’s welfare.  “Parent” shall also include an adult student who has attained the age of eighteen, who is not under legal guardianship, and who is entitled to receive special education and related services.
A.    	Additional Special Education and Related Services

	1.     	Notwithstanding the provisions of N.J.S.A. 18A:46-6, 			N.J.S.A. 18A:46-8, or of any other law, rule, or regulation 			concerning the age of eligibility for special education and 			related services to the contrary, the Board shall:

		a.     	In the 2021-2022 school year, provide special 					education and related services contained in an 				Individualized Education Program (IEP) to a student 				with disabilities who attains the age of twenty-one 				during the 2020-2021 school year, provided the 				parent of the student and the IEP team determine 				that the student requires additional or compensatory 			special education and related services, including 				transition services, during the 2021-2022 school 				year.
			(1)    	A student receiving special education and 					related services pursuant to N.J.S.A. 						18A:46-6.3.a. and A.1. shall not be eligible to 					receive such education and services beyond 					June 30, 2022, unless otherwise provided in a 					student’s IEP or as ordered by a hearing 					officer, complaint investigation, or court of 					competent jurisdiction.

	2.     	Notwithstanding the provisions of N.J.S.A. 18A:46-6, 			N.J.S.A. 18A:46-8, or of any other law, rule, or regulation 			concerning the age of eligibility for special education and 			related services to the contrary, the Board shall:

		a.     	In the 2022-2023 school year, provide special 					education and related services contained in an IEP to 				a student with disabilities who attains the age of 				twenty-one during the 2021-2022 school year, 				provided the parent of the student and the IEP team 				determine that the student requires additional or 				compensatory special education and related services, 			including transition services, during the         					2022-2023 school year. 

			(1)    	A student receiving special education and 					related services pursuant to N.J.S.A. 						18A:46-6.3.b. and A.2. shall not be eligible to 					receive such education and services beyond 					June 30, 2023, unless otherwise provided in a 					student’s IEP or as ordered by a hearing 					officer, complaint investigation, or court of 					competent jurisdiction.
	3.     	Notwithstanding the provisions of N.J.S.A. 18A:46-6, 			N.J.S.A. 18A:46-8, or of any other law, rule, or regulation 			concerning the age of eligibility for special education and 			related services to the contrary, the Board shall:

		a.     	In the 2023-2024 school year, provide special 					education and related services contained in an IEP to 				a student with disabilities who attains the age of 				twenty-one during the 2022-2023 school year, 				provided that the parent of the student and the IEP 				team determine that the student requires additional 				or compensatory special education and related 				services, including transition services, during the 				2023-2024 school year. 

			(1)    	A student receiving special education and 					related services pursuant to N.J.S.A. 						18A:46-6.3.c. and A.3. shall not be eligible to 					receive such education and services beyond 					June 30, 2024, unless otherwise provided in a 					student’s IEP or as ordered by a hearing 					officer, complaint investigation, or court of 					competent jurisdiction.

B.    	Rights, Privileges, and Remedies

	1.     	A student receiving special education and related services, 			including transition services, pursuant to N.J.S.A. 				18A:46-6.3 and this Regulation shall be afforded the same 			rights, privileges, and remedies provided to students with 			disabilities pursuant to State law, New Jersey State Board of 		Education regulations concerning special education, and 			the Federal “Individuals with Disabilities Education Act,” 			(IDEA) 20 USC §1400 et seq.

	2.     	Any disputes that arise with respect to the provision or 			nature of services provided to a student with disabilities in 			the additional year as provided in accordance with N.J.S.A. 			18A:46-6.3.a., b. and c., and A. above may be addressed as 			determined by the parent of the student with disabilities, 			by either:

		a.     	Mediation;

		b.     	A written request for a complaint investigation 				submitted to the Director of the Office of Special 				Education Policy and Dispute Resolution in the New 				Jersey Department of Education; or

		c.     	A special education due process hearing pursuant to 				IDEA, N.J.S.A. 18A:46, or administrative code.

C.    	Funding

	1.     	The special education and related services, including 				transition services, provided to students with disabilities 			pursuant to the provisions of N.J.S.A. 18A:46-6.3 and this 			Regulation, to the extent permitted by Federal law, be paid 			for from the monies received by the State or a school 				district under the Federal “Coronavirus Aid, Relief, and 			Economic Security (CARES) Act,” Pub.L.116-136, the 				Federal “Coronavirus Response and Relief Supplemental 			Appropriations (CRRSA) Act, 2021,”        Pub.L.116-260, the 			Federal “American Rescue Plan (ARP) Act,” Pub.L.117-2, or 			any other Federal funding provided to address the impact 			of the coronavirus pandemic on elementary and secondary 			schools as it becomes available. 

	2.     	To the extent the Federal funds described in N.J.S.A.          			18A:46-6.3.e.(1) and C.1. above do not cover the costs borne 			by the school district to provide the special education and 			related services, including transition services, to students 			with disabilities pursuant to the provisions of N.J.S.A. 			18A:46-6.3 and this Regulation, the State of New Jersey 			shall appropriate funds as necessary from the Property Tax 			Relief Fund to reimburse the school district for these costs.

	3.     	The special education and related services funded pursuant 			to the provisions of N.J.S.A. 18A:46-6.3.e. may include, but 			are not limited to, the additional staff, programs, and 			facilities deemed necessary by the school district to provide 		the special education and related services, including 				transition services, required under N.J.S.A. 18A:46-6.

 
 
Adopted: 4/25/22