6A:16-8.2 Functions of intervention and referral services
(a) The functions of the system of intervention and referral services in each school
building shall be to:
1. Identify learning, behavior and health difficulties of students;
2. Collect thorough information on the identified learning, behavior and health
difficulties;
3. Develop and implement action plans which provide for appropriate school or
community interventions or referrals to school and community resources,
based on the collected data and desired outcomes for the identified
learning, behavior and health difficulties;
4. Provide support, guidance and professional development to school staff who
identify learning, behavior and health difficulties;
5. Provide support, guidance and professional development to school staff who
participate in each building’s system for planning and providing
intervention and referral services;
6. Actively involve parents or guardians in the development and implementation
of intervention and referral services action plans;
7. Coordinate the access to and delivery of school resources and services for
achieving the outcomes identified in the intervention and referral
services action plans;
8. Coordinate the services of community-based social and health provider
agencies and other community resources for achieving the outcomes
identified in the intervention and referral services action plans;
9. Maintain records of all requests for assistance and all intervention and referral
services action plans and all related student information, according to the
requirements of 20 U.S.C. § 1232g and 34 CFR Part 99, Family Educational
Rights and Privacy Act; 20 U.S.C. § 1232h and 34 CFR Part 98, Protection
of Pupil Rights Amendment; N.J.A.C. 6A:32-7, Student Records; 45 CFR §
160, Health Insurance Portability and Accountability Act; 20 U.S.C. §
6301, Title IV(A)IV § 4155 of the Elementary and Secondary Education Act
as reauthorized under the No Child Left Behind Act; 42 CFR Part 2,
Confidentiality of Alcohol and Drug Abuse Patient Records; N.J.S.A.
18A:40A-7.1, School-based drug and alcohol abuse counseling;
information from participants; disclosure; N.J.A.C. 6A:16-3.2,
Confidentiality of student alcohol and other drug information; N.J.S.A.
18A:36-19, Creation; Pupil Records: Maintenance and Retention, Security
and Access; Regulations; Non-Liability; N.J.A.C. 6A:14-2.9, Student
records; as well as other existing Federal and State laws pertaining to
student records and confidentiality.
10. Review and assess the effectiveness of the provisions of each intervention
and referral services action plan in achieving the outcomes identified in
each action plan and modify each action plan to achieve the outcomes, as
appropriate; and
11. At a minimum, annually review the intervention and referral services action
plans and the actions taken as a result of the building’s system of
intervention and referral services and make recommendations.
6A:14-3.3 Location, referral and identification (a) Each district board of education shall
develop written procedures for students age three through 21, including
students attending nonpublic schools located within the district regardless of
where they reside, who reside within the local school district with respect to the
location and referral of students who may have a disability due to physical,
sensory, emotional, communication, cognitive or social difficulties.
1. The requirements of this section apply to highly mobile students with
disabilities, such as migrant and homeless students, and to students who
may have a disability even though they are advancing from grade to
grade.
2. The activities undertaken to locate nonpublic school students with
disabilities shall be comparable to activities undertaken to locate public
school students with disabilities. In addition, each district board of
education shall consult with appropriate representatives of nonpublic
school students on how to carry out these activities.
i. For preschool age students enrolled in early childhood
programs, the child-find obligations, including evaluation for
eligibility for special education and related services, shall be the
responsibility of the district of residence of the parent of the
student.
ii. For nonpublic elementary or secondary school students, the
child-find obligations shall be the responsibility of the district of
attendance in accordance with N.J.A.C. 6A:14-6.1.
3. The procedures shall include:
i. Utilizing strategies identified through the Intervention and
Referral Services program according to N.J.A.C. 6A:16-8, as well as
other general education strategies;
ii. Referral by instructional, administrative and other professional
staff of the local school district, parents and state agencies,
including the New Jersey Department of Education and agencies
concerned with the welfare of students.
iii. Evaluation to determine eligibility for special education and
related services; and/or
iv. Other educational action, as appropriate.
(b) Interventions in the general education setting shall be provided to students
exhibiting academic difficulties and shall be utilized, as appropriate, prior to
referring a student for an evaluation of eligibility for special education and
related services.
1. Within Abbott districts, the system of assessment and interventions
within general education programs according to N.J.A.C.6A:10A-3.1 shall
be implemented for all students who have reading as their primary area
of difficulty.
(c) The staff of the general education program shall maintain written documentation,
including data setting forth the type of interventions utilized, the frequency and
duration of each intervention, and the effectiveness of each intervention.
1. When it is determined through analysis of relevant documentation and
data concerning each intervention utilized that interventions in the
general education program have not adequately addressed the
educational difficulties, and it is believed that the student may have a
disability, the student shall be referred for evaluation to determine
eligibility for special education programs and services under this chapter.