Bill Text: NJ AR179 | 2018-2019 | Regular Session | Introduced
Bill Title: Urges Commissioner of Education to approve tuition rate adjustments for private schools for students with disabilities within two year regulatory timeframe.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-27 - Introduced, Referred to Assembly Education Committee [AR179 Detail]
Download: New_Jersey-2018-AR179-Introduced.html
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
SYNOPSIS
Urges Commissioner of Education to approve tuition rate adjustments for private schools for students with disabilities within two-year regulatory timeframe.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging the Commissioner of Education to approve tuition rate adjustments for private schools for students with disabilities in a timely manner.
Whereas, Approved private schools for students with disabilities (APSSD's) serve an essential role in this State by providing appropriate programs and services to students with profound disabilities who are unable to be served in the traditional school setting; and
Whereas, Pursuant to State law at N.J.S.18A:46-21, an APSSD that receives students from a sending district must determine a tuition rate to be paid by the sending board of education which may not exceed the actual cost per student as determined under State Board of Education regulations; and
Whereas, State Board of Education regulations at N.J.A.C.6A:23A-18.1 et seq. establish the procedures and requirements for tuition rate setting by APSSD's, including audit requirements and approval of the audits by the Commissioner of Education; and
Whereas, Pursuant to the regulatory procedures, the Department of Education facilitates reimbursement to APSSD's for the actual costs spent to educate the students placed in those schools; and
Whereas, Under the regulations, APSSD's are required to submit annual audited financial statements to the Commissioner of Education, which reflect the certified actual costs per student and final tuition rates charged at the end of the school year. Upon a satisfactory compliance review of the audit submitted by an APSSD, the commissioner issues an approval that the final tuition rates charged are based on the certified actual cost per student; and
Whereas, The regulations at N.J.A.C.6A:23A-18.3(m) provide that a sending school district must pay the tuition adjustment difference owed to an APSSD during the second school year following the year for which the certified actual cost per student is approved by the commissioner; and
Whereas, In practice, in many instances the commissioner's review of the audited financial statements submitted by APSSD's exceeds a two-year period, resulting in an extended delay before an APSSD receives payment from a sending district for programs and services that the APSSD has fully provided; and
Whereas, Delaying payments to an APSSD for services that the school has duly provided to students can be detrimental to the school's operation, leaving it unable to afford the full staff and resources necessary to effectively serve these children; and
Whereas, In the long term, the persistence of delayed payments to an APSSD can threaten the continued successful operation of the school, thereby hampering our State's ability to ensure that all students with disabilities are provided with the appropriate specialized educational services that will help them succeed; and
Whereas, It is in the best interests of the State and our students with disabilities to ensure that the Commissioner of Education approves tuition rate adjustments for APSSD's within the two-year regulatory timeframe in order to ensure timely payment to these schools for the important services they provide to our State's children; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House respectfully urges the Commissioner of Education to review and approve the annual audited financial statements submitted by approved private schools for students with disabilities within the two-year regulatory timeframe in order to ensure the prompt payment of tuition rate adjustments owed to these schools.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Commissioner of Education, the State Board of Education, and the Executive Director of ASAH.
STATEMENT
State law at N.J.S.18A:46-21 and State Board of Education regulations establish procedures and requirements for the reimbursement of tuition rate adjustments to approved private schools for students with disabilities (APSSD's). Pursuant to the regulatory procedures, the Commissioner of Education reviews audited financial statements submitted each year by the APSSD's, which contain the certified actual costs per student and final tuition rates charged at the end of the school year. A sending school district is required to pay the tuition adjustment difference owed to an APSSD during the second school year following the year for which the certified actual cost per student is approved by the commissioner. In practice, however, the review is often delayed beyond a two-year period, causing a lag in payments to the APSSD's which can be detrimental to their operations. This resolution urges the Commissioner of Education to review and approve the annual audited financial statements submitted by APSSD's within the two-year regulatory timeframe in order to ensure the prompt payment of tuition rate adjustments owed to these schools.
Approved private schools for students with disabilities serve an essential role in this State by providing necessary programs and services to students with profound disabilities who are unable to be served in the traditional school setting. The prompt approval and payment of tuition rate adjustments owed to these schools is crucial to the continued successful operation of the schools, and is needed to ensure that all students with disabilities are provided with appropriate specialized educational services that will help them succeed.
