Bill Text: NJ S1198 | 2012-2013 | Regular Session | Introduced
Bill Title: Includes transportation costs in the calculation of extraordinary special education costs incurred by public school districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-23 - Introduced in the Senate, Referred to Senate Education Committee [S1198 Detail]
Download: New_Jersey-2012-S1198-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Includes transportation costs in the calculation of extraordinary special education costs incurred by public school districts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State aid for public school districts for extraordinary special education costs and amending P.L.2007, c.260.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.2007, c.260 (C.18A:7F-55) is amended to read as follows:
13. 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. 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] students with
disabilities, and the cost of providing direct instructional, [and] support, and
transportation services for an individual classified pupil exceeds the
sum of $40,000 and the State aid received for transportation for the
individual classified pupil under section 15 of P.L.2007, c.260 (C.18A:7F-57),
for those direct
instructional, [and] support, and
transportation services costs in excess of the sum of $40,000 and
the State aid received for transportation for the individual classified pupil
under section 15 of P.L.2007, c.260 (C.18A:7F-57) 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, and transportation services for an individual classified pupil exceeds the sum of $40,000 and the State aid received for transportation for the individual classified pupil under section 15 of P.L.2007, c.260 (C.18A:7F-57), for those direct instructional, [and] support, and transportation services costs in excess of the sum of $40,000 and the State aid received for transportation for the individual classified pupil under section 15 of P.L.2007, c.260 (C.18A:7F-57) 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 and cost of providing transportation services for an individual classified pupil exceeds the sum of $55,000 and the State aid received for transportation for the individual classified pupil under section 15 of P.L.2007, c.260 (C.18A:7F-57), for tuition and transportation services costs in excess of the sum of $55,000 and the State aid received for transportation for the individual classified pupil under section 15 of P.L.2007, c.260 (C.18A:7F-57) 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-TRA) x .90) + (((AIC - $40,000 - TRA) + (ASC - $55,000 - TRA)) x .75)
where
ADC equals the district's actual cost for the direct instructional, [and] support, and transportation 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, and transportation 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 and transportation services as set forth in paragraph (3) of this subsection.
TRA equals the State aid received for transportation for the individual classified pupil under section 15 of P.L.2007, c.260 (C.18A:7F-57).
(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 cost of a placement under this subsection shall also include any costs incurred by the district in providing transportation services for the pupil. 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.
(cf: P.L.2007, c.260, s.13)
2. This act shall take effect immediately and shall first apply to extraordinary special education costs incurred in the 2012-2013 school year.
STATEMENT
This bill amends current law concerning the provision of State aid to public school districts for extraordinary special education costs. Under current law, a school district may apply for extraordinary special education State aid in those instances in which the cost of providing education for an individual classified pupil exceeds $40,000 if the student is educated in a public school program or $55,000 if the student is educated in a separate private school for students with disabilities. This bill provides that in calculating the corresponding per pupil threshold, the school district may include any transportation costs which it has incurred on behalf of the student that exceed the State transportation aid the district has received for that student.
The bill also provides that in those instances in which a school district is currently authorized to apply for emergency special education State aid for a classified pupil who moves into the district during the course of the school year, and who is in a placement with a cost in excess of the threshold, the school district may also include transportation costs when calculating the threshold.
