New Jersey § 18a:7f-55

§ 18a:7f-55.

a. Special education categorical aid for each school district and county vocational

school district shall be calculated as follows: SE = (RE x SEACR x AEC x 1 / 3 ) x GCA where RE is the resident enrollment of the school district or county vocational school district; SEACR is the State average classification rate for general special education services

pupils; AEC is the excess cost for general special education services pupils; and GCA is the geographic cost adjustment as developed by the commissioner. For the 2008-2009 school year the excess cost shall be $10,898 for general special

education services pupils. The excess cost amount shall be adjusted by the CPI in the 2009-2010 and 2010-2011

school years as required pursuant to subsection b. of section 4 of this act. 1 For subsequent school years, the excess cost amount shall be established in the

Educational Adequacy Report, with the amount adjusted by the CPI for each of the two

school years following the first school year to which the report is applicable. b. Extraordinary special education aid for an individual classified pupil shall be

available when the student is educated in a general education classroom, special education

program, including but not limited to a resource program or special class program,

or any combination of general education and special education programs and services,

subject to the requirements and thresholds set forth in this section. (1) In those instances in which a pupil is educated in an in-district public school

program with non-disabled peers, whether run by a public school or by a private school

for the disabled, and the cost of providing direct instructional and support services

for an individual classified pupil exceeds $40,000, for those direct instructional

and support services costs in excess of $40,000 a district shall receive extraordinary

special education State aid equal to 90% of the amount of that excess in accordance

with the provisions of paragraph (4) of this subsection. (2) In those instances in which a pupil is educated in a separate public school program

for students with disabilities and the cost of providing direct instructional and

support services for an individual classified pupil exceeds $40,000, for those direct

instructional and support services costs in excess of $40,000 a district shall receive

extraordinary special education State aid equal to 75% of the amount of that excess

in accordance with the provisions of paragraph (4) of this subsection. (3) In those instances in which a pupil is educated in a separate private school for

students with disabilities and the tuition for an individual classified pupil exceeds

$55,000, for tuition costs in excess of $55,000 a district shall receive extraordinary

special education State aid equal to 75% of the amount of that excess in accordance

with the provisions of paragraph (4) of this subsection. (4) Extraordinary special education State aid for an individual classified pupil shall

be calculated as follows: EA = ((ADC - $40,000) x .90) + (((AIC - $40,000) + (ASC - $55,000)) x .75) where ADC equals the district's actual cost for the direct instructional and support services

in an in-district public school program as set forth in paragraph (1) of this subsection; AIC equals the district's actual cost for direct instructional and support services

in a separate public school program as set forth in paragraph (2) of this subsection;

and ASC equals the district's actual cost for tuition paid to a separate private school

as set forth in paragraph (3) of this subsection. (5) The receipt of extraordinary special education State aid for an individual classified

pupil shall be conditioned upon a demonstration by the district that the pupil's Individualized

Education Plan requires the provision of intensive services, pursuant to factors determined

by the commissioner. c. In order to receive funding pursuant to this section, a district shall file an

application with the department that details the expenses incurred on behalf of the

particular classified pupil for which the district is seeking reimbursement. Additional State aid awarded for extraordinary special education costs shall be

recorded by the district as revenue in the current school year and paid to the district

in the subsequent school year. d. A school district may apply to the commissioner to receive emergency special education

aid for any classified pupil who enrolls in the district prior to March of the budget

year and who is in a placement with a cost in excess of $40,000 or $55,000, as applicable. The commissioner may debit from the student's former district of residence any special

education aid which was paid to that district on behalf of the student. e. The department shall review expenditures of federal and State special education

aid by a district in every instance in which special education monitoring identifies

a failure on the part of the district to provide services consistent with a pupil's

Individualized Education Plan. f. The commissioner shall commission an independent study of the special education

census funding methodology to determine if adjustments in the special education funding

formulas are needed in future years to address the variations in incidence of students

with severe disabilities requiring high cost programs and to make recommendations

for any such adjustments. The study and recommendations shall be completed by June 30, 2010. g. A school district may apply to the commissioner to receive additional special education

categorical aid if the district has an unusually high rate of low-incidence disabilities,

such as autism, deaf/blindness, severe cognitive impairment, and medically fragile. In applying for the aid the district shall: demonstrate the impact of the unusually

high rate of low-incidence disabilities on the school district budget and the extent

to which the costs to the district are not sufficiently addressed through special

education aid and extraordinary special education aid; and provide details of all

special education expenditures, including details on the use of federal funds to support

those expenditures. 1

N.J.S.A. § 18A:7F-46.