N.J. Admin. Code § 13:92-9.3 - Education

(a) The detention facility shall provide an educational program which meets the needs of each juvenile based on his or her age, level of ability, previous educational experience, and interest, in compliance with all applicable New Jersey Department of Education (DOE) rules. All residents of county juvenile detention facilities shall participate in an educational program suited to meet his or her needs.

(b) The educational programs shall be operated on a 12-month basis and provide for the juvenile's cognitive and affective development that includes:

1. A program consisting of a minimum of four hours per day five days per week and 220 days per calendar year;

2. Physical education provided by a certified physical education teacher. Physical education shall be a part of the four-hour minimum required school day. At least 150 minutes of physical education shall be provided per week which may include classes in health and family life. Physical education shall not constitute more than one hour of the daily education program. All other recreational activities shall not be considered in determining the four-hour minimum required for the educational program;

3. A program consisting of basic academic instruction as appropriate to the individual program plan (IPP) or individualized education plan (IEP), as applicable; and

4. A New Jersey State Attendance Register entry for all students at the facility, and a written schedule for the educational program.

(c) The facility shall not schedule non-educational activities for the juvenile population during school hours.

(d) Each county juvenile detention facility shall establish and implement policies and procedures for educational services for juveniles consistent with this rule. The policies shall include provisions for continuing the delivery of educational services to disruptive pupils.

(e) Each county juvenile detention facility shall establish a written attendance policy that conforms with DOE guidelines in the reporting of attendance and absence from the school setting. Attendance policies must define legitimate absences to include sickness, injury, religious observance, required court appearance, or other compelling personal circumstance. Pursuant to N.J.A.C. 6A:32-8.4(a), a student must be recorded as present, absent, or excused every day the school is in session and the student is enrolled. Each facility must prepare policies and procedures regarding attendance that satisfy the minimum requirements set forth at N.J.A.C. 6A:16-7.6.

(f) The educational program delivery system shall provide remedial and special education.

(g) Within 48 hours of admission to the facility, exclusive of weekends, holidays, and non-pupil contact days, an educational assessment of each juvenile shall be initiated. Standardized achievement and/or placement tests shall be administered to each juvenile.

(h) Within 30 days of admission to the facility, exclusive of weekends, holidays, and non-pupil contact days, an individual program plan (IPP) shall be developed for each juvenile to ensure a continuum of program offerings for those students who were enrolled in an educational program that includes:

1. Input from the juvenile's home school district or other applicable educational program, whenever possible;

2. Individualized educational goals and objectives; and

3. Individualized programs which allow high school credit to be awarded through alternative learning experiences in accordance with program completion authorized at N.J.A.C. 6A:8-5.1(a)2.

(i) An individualized education plan (IEP) shall be provided for every juvenile who has been classified as eligible for special education, in accordance with N.J.A.C. 6A:14. The detention facility's educational program shall utilize the existing IEP, as developed by the home school district or applicable educational program. If it is determined that the most recent IEP is outdated, the home district shall be advised.

(j) The basic curriculum shall consist of subjects which incorporate the New Jersey Student Learning Standards, each of which shall be provided to students at their individual level of functioning. These subjects may include:

1. English Language Arts;

2. Social Studies;

3. Science;

4. Mathematics;

5. Comprehensive Health and Physical Education;

6. Career Readiness, Life Literacies, and Key Skills;

7. Computer Science and Design Thinking;

8. World Languages; and

9. Visual and Performing Arts.

(k) Each county juvenile detention facility shall make library services available to all juveniles:

1. The facility administrator shall consult with a qualified librarian on the provision of these services.

2. The facility shall have a written policy that defines the principles, purposes, and criteria to select and maintain age-appropriate library materials, including audio-visual materials, that reflect the typical interests of the youth population and are appropriate for various levels of competency.

(l) All educational programs shall be fully staffed to include substitute coverage when needed with the following ratios:

1. Single class population shall not exceed 12 students; and

2. The teacher-to-student classroom ratio shall be one teacher to 12 students.

(m) Classes shall be conducted separate from sleeping areas.

(n) Either independently or through contractual agreements, the juvenile detention facility shall employ the educational personnel required to ensure the provision of programs and services pursuant to N.J.A.C. 6A:17.

1. All educational personnel shall possess a valid New Jersey teaching certificate issued by the State Board of Examiners and provide instruction only in their area of qualified endorsement; and

2. All teachers and educational services personnel shall participate in the required professional development activities consistent with the requirements at N.J.A.C. 6A:17-3.4(d).

(o) Each facility shall provide, or make available, a Site Education Supervisor to oversee the facility's education program.

(p) Staff salary expenditures shall be supported by time and activity reports, and approved and signed by the Site Education Supervisor.

(q) Educational equipment and supplies to carry out the educational program shall be provided, as well as the appropriate storage area for such equipment and supplies, with:

1. Expenditures supported by purchase orders and receiving reports; and

2. Reports approved by the Site Education Supervisor.

(r) A request for educational records from the juvenile's home school district shall be initiated within five days of admission, exclusive of weekends, holidays, and non-pupil contact days.

(s) If the most recent education program attended by the juvenile is not in his or her home district, for example, a resource family, group, residential, or institutional placement, a request shall be initiated to such educational programs for the juvenile's records, within five days and with notification to the home district.

(t) Appropriate records on each juvenile's work and progress shall be maintained in the facility to ensure proper credit is given for assignments and course work completed.

(u) Contact with the juvenile's home district shall be maintained and educational records furnished to the home district to ensure that proper credit is given for assignments and course work completed at the marking period intervals established on the facility's school calendar as approved by the Commission's Office of Education.

(v) Within 10 days of discharge from the facility, copies of the juvenile's educational records shall be transmitted to his or her home district and next placement facility, when applicable, to ensure full and appropriate credit for work completed. Records of each transmittal shall be maintained at the facility.

(w) The progress report, in the form of a report card and/or transcript, shall include a designated contact person and the following information which is necessary to formulate an appropriate educational program and to ensure that credit for work completed is granted:

1. Statewide assessment and diagnostic findings;

2. Credits earned toward high school graduation requirements;

3. Grade level equivalent;

4. Vocational training experiences; and

5. IPP or IEP.

(x) Pupil education records shall be maintained in a locked file or electronic database, separate from non-educational records and safeguarded from public inspection. The safety and security of these records shall be the responsibility of the Site Education Supervisor and maintained pursuant to DOE guidelines regarding maintenance and security of student records as set forth at N.J.A.C. 6A:32-7.4.

(y) Any deviation from the normal education schedule shall be documented.

(z) The detention facility must comply with all DOE-monitoring activities, pursuant to N.J.S.A. 18A:7B-5, and provide the Commission with advance notice of any DOE-monitoring visits and the results of any DOE-monitoring activities within 48 hours of DOE notification.

Notes

N.J. Admin. Code § 13:92-9.3

Amended by 50 N.J.R. 2241(a), effective 11/5/2018 Amended by 57 N.J.R. 1028(c), effective 5/19/2025