N.J. Admin. Code § 6A:14-4.8 - Program criteria: home instruction

(a) A student with a disability shall have his or her IEP implemented through one-to-one instruction at home or in another appropriate setting when it can be documented that all other less restrictive program options have been considered and have been determined inappropriate.

1. Prior written notification that a district board of education intends to provide home instruction shall be provided to the Department of Education through the county office of education.

2. Notification shall be effective for a maximum of 60 calendar days, at which time renewal of the notification may be made. Each renewal shall be for a maximum of 60 calendar days.

3. A written record of the student's home instruction, including dates and times during which home instruction is provided, shall be maintained, and the teacher providing instruction shall be appropriately certified as teacher of students with disabilities or for the subject or level in which the instruction is given.

4. Instruction shall be provided for at least 10 hours per week. The 10 hours of instruction per week shall be accomplished in at least three visits by a certified teacher or teachers on at least three separate days.

5. Instruction shall be provided at a location conducive to providing educational services, taking into consideration the student's disability and any unique circumstances. The parent shall be consulted in determining the appropriate location for the provision of home instruction.

6. If a parent repeatedly fails to make a student available for scheduled home instruction, the district board of education shall consider whether the student is truant in accordance with N.J.S.A. 18A:38-27 and proceed accordingly.

Notes

N.J. Admin. Code § 6A:14-4.8

Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Rewrote (a)1 and 2.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In the introductory paragraph of (a), substituted "with a disability" for "classified as disabled"; rewrote (a)3; in (a)4, inserted "or teachers"; added (a)5 and (a)6. Amended by 52 N.J.R. 1822(b), effective 10/5/2020