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New Jersey State Law on Early Intervention
Introduction

All publications by the State of New Jersey rely upon a state law, P.L. 1993, Chapter 309, to justify its actions and policies about early intervention. No document contains the specific legal citation for that law. The proposed State Plan for Part C funding under the Individuals With Disabilities Education Act states:

The New Jersey Department of Health and Senior Services (DHSS) was designated as the lead agency for implementation of IDEA, Part C, by the Governor of the State of New Jersey effective July 1, 1003. This designation was affirmed by the New Jersey Legislature with the passage of P.L. 1993, Chapter 309. This law placed the responsibility, including the administration of funds provided under Part C, with the Department of Health and Senior Services and repealed section 3 of P.L. 1981, c. 415 (C. 18A: 46-6.2 (Note specific citation.) which originally mandated the Department of Education to provide early intervention services. Section 3 was amended in 1992 (P.L. 1992, c. 155), effective July 1, 1993, to transfer the responsibility for early intervention services from the Department of Education to the Department of Health and Senior Services; however, the allocation of the statute remained in Title 18A (Education) of the New Jersey Statutes. This legislation repealed the statute in Title 18A and replaced it with the similar statutory language, updated to reflect federal law, that would be allocated in Title 26 (Health) of the revised statutes. (Note no citation for the revised statutes.)

New Jersey has designated the Department of Health and Senior Services, in consultation with the Departments of Education and Human Services, to be responsible for assigning financial responsibility among appropriate agencies for the state early intervention system. (Underlining added.) (Note the lack of specificity as to how financial responsibility is allocated between the three agencies.) The Department of Health and Senior Services, in cooperation with the State Interagency Coordinating Council and in conjunction with the Departments of Education and Human Services, assures that funds received under Part C are used to assist the state to maintain and implement a statewide system required under Part C. (Source: N.J. Early Intervention System/Federal Part C State Plan Under The Individuals With Disabilities Education Act, Amended and Approved 4/14/2003, pp. 11-12.)


N.J.S.A. 26:1A-36.6. Legislative findings and declarations

The Legislature finds and declares that:
  1. It is in the best interests of the State to provide a comprehensive system of early intervention services to support infants and toddlers with disabilities, those at risk for disability, and their families, that is built on existing social networks, and naturally occurring supports such as community associations and extended families which promote the inclusion of the child and the family within the community;
  2. Infants and toddlers with disabilities are uniquely dependent on their families for survival and nurturance, and while service systems and the personnel within those systems may fluctuate, a family is the only common thread in a child's life;
  3. There is an urgent need to enhance the development of infants and toddlers with disabilities to minimize their potential for developmental delay and to enhance the capacity for families to meet the needs of these infants and toddlers;
  4. There is also a need to reduce the education costs to our society, reduce costs associated with reliance on social services, minimize the likelihood of institutionalization, reduce health care costs and improve the long-term and potential for future employability and independence of infants and toddlers with disabilities;
  5. No one agency or discipline can meet the complex needs of infants with disabilities and their families, and services to infants and toddlers with disabilities must be comprehensive and multi-disciplinary and must be coordinated so as to assure access and assist families in obtaining needed information and encouraging advocacy on their behalf; and
  6. Services and strategies to assist and support families must respect autonomy, interdependence and decision-making in a way which reflects the unique racial, ethnic, cultural and social-economic experiences and background of a family.
26:1A-36.7. Establishment of statewide system of early intervention services for infants and toddlers.

The Department of Health, in conjunction with the Departments of Education and Human Services, shall established a Statewide system of early intervention services for eligible infants and toddlers from birth to age two, inclusive, in accordance with the "Individuals with Disabilities Education Act".

26:1A-36.8. Rules and regulations.

The Department of Health, in consultation with the Departments of Education and Human Services, shall adopt rules and regulations pursuant to the Administrative Procedure Act, P.L. 1968, c. 410 (C. 52:14B-1 et seq.) to carry out the purposes of this act.