6A:16-10.2 Service requirements
(a) The school district shall assure a multidisciplinary approach to planning the delivery of the following services, and ensure that professionals with appropriate instructional and educational services certificates are consulted. The functions of the multidisciplinary team shall be to:
1. Assess and evaluate student needs and establish an appropriate program of home or other out-of-school instruction;
2. Develop an Individualized Program Plan that addresses:
i. The student’s individual educational and behavioral needs; and
ii. Placement in an appropriate educational program, including transition back to the general education setting; and
3. Conduct periodic assessment of the placement, instructional services and student progress and make appropriate revisions to the Individualized Program Plan every 60 days to determine progress and facilitate a transition to another appropriate educational program, if appropriate.
(b) Each district board of education shall provide home or other out-of-school instruction according to the following minimum standards:
1. A record of the student’s home or other out-of-school instruction shall be maintained;
2. The teacher providing the instruction shall be appropriately certified for the subject or level in which the instruction is given;
3. Instruction shall be provided for no fewer than 10 hours per week;
4. Instruction may be provided by direct communication to a classroom program by distance learning devices;
5. Students shall receive a program that meets the Core Curriculum Content Standards in accordance with N.J.A.C. 6A:8 and that meets the requirements of the district board of education for promotion and graduation;
6. The instructional program shall be in accordance with the student’s Individual Program Plan;
7. If instruction is delivered in the student’s home, a parent or other adult 21 years of age or older who has been designated by the parent shall be present during all periods of home instruction; and
8. If instruction is provided in the home, refusal or failure by a parent to comply with the provisions of N.J.A.C. 6A:16-10 shall be deemed a violation of compulsory education laws, pursuant to N.J.S.A. 18A:38-1 and 25, and child neglect laws, pursuant to N.J.S.A. 9:6-1 et seq.
(c) The district shall provide the student with the home or out-of-school placement until the student is placed in another appropriate educational program.