N.J. Admin. Code § 6A:14-4.9 - Exceptions

(a) Exceptions for the age range and group sizes specified at N.J.A.C. 6A:14-4.4, 4.5, 4.6, and 4.7 shall be granted:

1. On an individual student basis;

2. Only with prior written approval of the Department of Education through the county office of education (county office); and

3. For a period not to exceed the balance of the school year.

(b) The county office shall determine whether granting the exception would interfere with the delivery of a free, appropriate public education to the student or other students in the group and, on that basis, shall either:

1. Approve the request; or

2. Deny the request.

(c) If the request is denied, the district board of education is still obligated to implement the IEP.

(d) The parent of a student with a disability for whom the exception is requested, and the parents of the students who are affected by the request for an exception, shall be informed by the district board of education that such a request is being submitted to the county office.

(e) Upon approval of the exception by the county office, the district board of education or the appropriate education agency shall inform the parents of the students with disabilities who are affected by the exception.

(f) No waivers or equivalencies pursuant to N.J.A.C. 6A:5 shall be granted to this chapter.

Notes

N.J. Admin. Code § 6A:14-4.9

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a)3, substituted "the balance of the school" for "one" preceding "year"; and in (d), deleted a reference to adult student.
Recodified from N.J.A.C. 6A:14-4.10 and amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (f), deleted last sentence. Former N.J.A.C. 6A:14-4.9, Home instruction due to temporary illness or injury for students with or without disabilities, repealed.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c). Amended by 52 N.J.R. 1822(b), effective 10/5/2020