Governor Mikie Sherrill • Lt. Governor Dr. Dale G. Caldwell
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Policy and Procedures in Special Education

 

The Office of Special Education (OSE) implements state and federal laws and regulations governing special education to ensure that students with disabilities in New Jersey receive a free and appropriate public education (FAPE). The office provides statewide leadership through the development of policy and documents, and provides guidance to school districts and parents regarding the implementation of special education programs and services. The office monitors the delivery of special education programs operated under state authority, provides mediation services to parents and school districts, processes hearings with the Office of Administrative Law, and conducts complaint investigations requested by the public. In addition, the office funds regional learning resource centers (LRCs) that provide schools and parents with information services, materials circulation, technical assistance, consultation services and production services. The office also provides technical assistance on topics related to students with disabilites and the development of Individualized Education Programs (IEPs) and accessing individual rights.

 

NJDOE logo on transparent background IDEA logo on blue background with white writing NJDOE logo on transparent background United States Department of Education Logo with graduation hat

NJ Administrative Code

Individuals with Disabilities Education Act (IDEA)

N.J.A.C. 6A:14, Special Education

State-Imposed Rules, Regulations and Policies Not Required by IDEA or Federal Regulations (February 2024)

Section 504 and the Education of Children with Disabilities (OCR)

 

Click here to access the "Special Education Directories".

Visit the Office of Special Education's (OSE) NEW! Alternate Assessment Website

Assessment Quick Links

Dynamic Learning Maps (DLM)

The alternate assessment for students with the most significant intellectual disabilities in English Language Arts, Mathematics, and Science is called the Dynamic Learning Maps (DLM). The state of New Jersey and other states are working with the University of Kansas to implement this assessment system. Periodically, the DLM or the Department of  Education will send updates to Chief School Administrators in order to help districts prepare for the online computer-based assessment. The DLM test specifications and Essential Elements skill statements, used for instruction and assessment, are currently available and accessible via the DLM website. All districts are asked to regularly check the DLM website for available information including test design, technology requirements, required training materials, professional development modules, and assessment timelines for the operational testing year. For information on the DLM, go to the Dynamic Learning Maps New Jersey website.​

Graduation Assessment Requirements

On June 5, 2019, the New Jersey Department of Education (NJDOE) updated the high school graduation assessment requirements in both English language arts (ELA) and mathematics for the classes of 2019 through 2022, pursuant to an amended Consent Order issued by the Appellate Division of the Superior Court of New Jersey.

The requirements listed for the classes of 2023–2025 were adopted by the New Jersey State Board of Education on September 8, 2021. 

Portfolio Appeals

In past years, students with disabilities may not have participated in the portfolio appeals process. Students with disabilities, through the Individualized Education Program (IEP) may have graduation requirements waived or modified and receive a state-endorsed diploma. An April 28, 2021 NJDOE Broadcast Memo stated that, beginning in the 2020-2021 school year, students with disabilities who do not meet all standard graduation requirements will receive a diploma but will not be included as graduates for federal reporting.

Students with disabilities who are unable to demonstrate proficiency on the statewide assessments required for graduation can participate in the portfolio appeals process.  Students with disabilities who demonstrate proficiency through portfolio appeals will receive a diploma and will be included as a graduate for federal reporting. It is recommended that, as appropriate, districts encourage students with disabilities to participate in the portfolio appeals process if they have not yet the graduation assessment requirement for ELA and/or mathematics.

ACCESS for English Language Learners (ELLs) 

​New Jersey, as a member of the WIDA Consortium, uses the ACCESS for ELLs suite of assessments as a tool to measure English Language Learners (ELLs) proficiency in the English language. Students are assessed in four domains: Speaking, Listening, Reading, and Writing.

 

The New Jersey State Department of Education, has established "Child Find", a free public awareness and referral service, to assist families, professionals and interested individuals by identifying available early intervention, preschool children with disabilities and special education programs and services throughout the state.
 

Guidance with Respect to State and Federal Regulations Implementing the Individuals with Disabilities Education Act of 2004 (PDF)

Guidance Regarding Changes to the Due Process System in the Individuals with Disabilities Education Act of 2004 (NJDOE/OSEP, July 2005)

Presentation on "Guidance for the Implementation of IDEA 2004" (NJDOE/OSEP, July 2005)

Links to important references and resources on the Re-authorization of the Individuals with Disabilities Education Act (IDEA).

The Individuals with Disabilities Education Act (IDEA) is the primary federal program that authorizes state and local aid for special education and related services for children with disabilities. On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (P.L. 108-446), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law. Most provisions of P.L. 108-446 go into effect on July 1, 2005. The requirements regarding "highly qualified" special education teachers became effective immediately upon signature.

H.R. 1350, Individuals with Disabilities Education Improvement Act (IDEIA):

Resources:

Rules and Regulations

Least Restrictive Environment

To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” 20 U.S.C.§1412(a)(5)(A).

Disproportionality

Disproportionality is the over representation of specific racial/ethnic groups in special education and is a United States Department of Education priority area.   It is a complicated issue with which state education agencies and school districts across the county work hard to address.  Each year New Jersey's Office of Special Education (NJOSE) conducts a data analysis to determine whether a district meets the criteria for disproportionality. Those districts that are identified with disproportionality receive guidance and technical assistance from the NJOSE. 

Data Reporting

Disproportionality Resources

Discipline Requirements

New Jersey Department of Education Guidance and Resources

National Discipline Resources and Considerations

Resource Spotlights

Quick Links

Contact Information

IDEA Allocations and Entitlement Grant Information

LEAs and State Agencies that submit their applications in substantially approvable form by the due date may obligate these funds beginning July 1. The grant project period for SFY 2027 runs from July 1, 2026 through September 30, 2027, with an additional 12-month period of availability of unexpended funds to be budgeted in the following fiscal year. 

The NJDOE receives the IDEA Part B Section 611 award from the United States Department of Education (USED) in two separate awards (July 1, 2026, and October 1, 2026). Therefore, full allocations will not be available until October 1, 2026, and LEAs should anticipate obligating no more than 14 percent of their SFY 2027 IDEA Basic allocation for activities planned for July 1, 2026 through September 30, 2026. 

Broadcast

IDEA, Part B State Fiscal Year 2027: Electronic Grant Application Information

Allocations

 

In accordance with 34 CFR §300.647, the NJDOE utilizes a risk ratio to identify LEAs with significant disproportionality for the SFY 2027 grant year. The NJDOE is available to provide technical assistance to those districts identified with significant disproportionality. As in previous years, annual determinations can be found within the consolidated grant application.   

LEAs identified for significant disproportionality are required to reserve 15 percent of their total allocation (Basic + Preschool x 0.15) to implement Comprehensive Coordinated Early Intervening Services (CCEIS), according to 34 CFR §300.226. Beginning in the 2019-20 grant year, as per §300.646(d), LEAs identified for significant disproportionality may use the CCEIS funds for: 

  • Children age 3 through grade 12; 
  • Children who are not currently identified as needing special education or related services but who need additional academic and behavioral support; 
  • Children currently identified as needing special education or related services (funds cannot be used exclusively for this group); and 
  • Professional development and educational and behavioral evaluations, services, and supports. 

The activities must address the factors, policies, practices, and/or procedures contributing to the significant disproportionality. For additional information on CCEIS, please refer to the Significant Disproportionality resources available on the NJDOE’s  Special Education Policy and Procedures webpage.  

LEAs with a risk ratio of 3.0 or higher for two consecutive years in any category will also be notified on the “LEA Determinations” tab within the application as an early warning notice.  LEAs with or without an early warning notification that are not identified for significant disproportionality may choose to voluntarily reserve 15 percent of their total allocation to implement Coordinated Early Intervening Services (CEIS). In contrast to the information set forth above, LEAs that voluntarily implement CEIS may only serve an identified group of at-risk students in grades K-12 who are not yet eligible for special education and related services.  

Per the USED’s Office of Special Education Programs (US OSEP) updated requirements, the IDEA consolidated grant application now includes, in the list of assurances, a certification of compliance with the requirements of Section 427 of the General Education Provisions Act (GEPA). Section 427 of the GEPA requires each applicant for funds to include in its grant application a description of the steps the applicant proposes to take to ensure equitable access to, and participation in, its federally-assisted program for students, teachers, and other program beneficiaries with special needs. This provision allows applicants discretion in developing the required description. The statute highlights six types of barriers that may impede equitable access or participation: gender, race, national origin, color, disability, or age. Based on local circumstances, an LEA should determine whether these or other barriers may prevent its students, teachers, etc. from such access to, or participation in, the federally-funded project or activity. 

NJ Electronic Web-Enabled Grant System (EWEG)

Reports, Guidance and Timelines

Resources

Allocations

Grant Documents

Additional Funding and Grant Opportunities

If you see an alligator

Dont forget to scream By: Unknown Author

If you see an alligator

Special Education Due Process Hearing Decisions

Dispute Resolution Submission Forms

Special Education Forms, Notices and Documentation

Broadcasts and Memos

Special Education Medicaid Initiative (SEMI)

Page Last Updated: 06/25/2026