A.   Submission Statement for Part B of IDEA

Please select 1 or 2 below.  Check 3 if appropriate.

__x__ 1.     The State provides assurances that it has in effect policies and procedures to meet all eligibility requirements of Part B of the Act as found in PL 108-446, the Individuals with Disabilities Education Act and applicable regulations (IDEA). The State is able to meet all assurances found in Section II.A. of this Application.

_____ 2.       The State cannot provide assurances for all eligibility requirements of Part B of the Act as found in PL 108-446. The State has determined that it is unable to make the assurances that are checked as 'No' in Section II.A. However, the State assures that throughout the period of this grant award the State will operate consistent with all requirements of IDEA in PL 108-446 and applicable regulations. The State will make such changes to existing policies and procedures as are necessary to bring those policies and procedures into compliance with the requirements of the IDEA, as amended, as soon as possible, and not later than June 30, 2024. The State has included the date by which it expects to complete necessary changes associated with assurances marked 'No'.  (Refer to Assurances found in Section II.A.)

Optional:

_____ 3.       The State is submitting modifications to State policies and procedures previously submitted to the Department. These modifications are: (1) deemed necessary by the State, for example when the State revises applicable State law or regulations; (2) required by the Secretary because there is a new interpretation of the Act or regulations by a Federal court or the State's highest court; and/or (3) because of an official finding of noncompliance with Federal law or regulations.

B.   Conditional Approval for Current Grant Year

If the State received conditional approval for the current grant year, check the appropriate statement(s) below:

1. Conditional Approval Related to Assurances in Section II.A.:

_____ a.    Section II.A. provides documentation of completion of all issues identified in the FFY 2022 conditional approval letter.

_____ b.    As noted in Section II.A., the State has not completed all issues identified in the FFY 2022 conditional approval letter. 

2. Conditional Approval Related to Other Issues:

_____ a.    The State previously submitted documentation of completion of all issues identified in the FFY 2022 conditional approval letter.

_____ b.    The State is attaching documentation of completion of all issues identified in the FFY 2022 conditional approval letter.  (Attach documentation showing completion of all issues.)

_____ c.    The State has not completed all issues identified in the FFY 2022 conditional approval letter.  (Attach documentation showing completion of any issues and a list of items not yet completed.)

A.   Assurances Related to Policies and Procedures

The State makes the following assurances that it has policies and procedures in place as required by Part B of the Individuals with Disabilities Education Act.  (20 U.S.C. 1411-1419; 34 CFR §§300.100-300.174)

B.   Other Assurances

The State also makes the following assurances:

C.   Certifications

The State is providing the following certifications:

D.   Statement

I certify that the State of _____New Jersey____ can make the assurances checked as 'yes' in Section II.A. and II.B. and the certifications required in Section II.C. of this application. These provisions meet the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) as found in PL 108-446 and the implementing regulations. The State will operate its IDEA Part B program in accordance with all of the required assurances and certifications.

If any assurances have been checked 'no', I certify that the State will operate throughout the period of this grant award consistent with the requirements of the IDEA ,as found in PL 108-446 and any applicable regulations, and will make such changes to existing policies and procedures as are necessary to bring those policies and procedures into compliance with the requirements of the IDEA, as amended, as soon as possible, and not later than June 30, 2024.  (34 CFR § 76.104)

I, the undersigned authorized official of the

__________________New Jersey Department of Education________________ ,

(Name of State and official name of State agency)

am designated by the Governor of this State to submit this application for FFY 2023 funds under Part B of the IDEA.

States must provide the Description of Use of Funds by completing and submitting the Excel Interactive Spreadsheet with the FFY 2023 Application.

• Part B Interactive Spreadsheet for FFY2022 (FFY2023 coming soon)

Describe how the amount retained by the State educational agency under 20 U.S.C. 1411(e)(1) will be used to meet the following activities under Part B.  (20 U.S.C. 1411(e)(1)-(3), (6) and (7).)  The Department annually identifies for States the maximum amounts that a State may retain under Section 1411(e)(1) and (2).¹ The dollar amounts listed in the Excel Interactive Spreadsheet by the State for administration and for other State activities should add up to less or equal to the dollar amount provided to the State by the Department for each of these activities.

Enter whole dollar amounts (do not enter cents) in appropriate cells on the State’s Excel Interactive Worksheet.  The Excel Interactive Spreadsheet must be submitted as part of the State’s application.

Describe the process used to get input from LEAs regarding the distribution of amounts among activities described in the Excel Interactive Spreadsheet to meet State priorities. (20 U.S.C. 1411(e)(5)(B); 34 CFR § 300.704)

New Jersey obtains input from LEAs through the process of developing and revising the State Performance Plan (SPP) and Annual Performance Report (APR). The process includes a review of data for each of the 17 indicators as well as annual stakeholder and LEA  input.  Also, input is solicited from our stakeholder group, the Statewide Special Education Advisory Council (SSEAC). Additional professional development and training needs are identified and addressed through our Learning Resource Centers (LRCs).

Each State may reserve for each fiscal year not more than the maximum amount the State was eligible to reserve for State administration under this section for fiscal year 2004 or $800,000 (adjusted in accordance with 20 U.S.C. 1411(e)(1)(B)), whichever is greater; and each outlying area may reserve for each fiscal year not more than 5 percent of the amount the outlying area receives under 20 U.S.C. 1411(b)(1) for the fiscal year or $35,000, whichever is greater.

For each fiscal year beginning with fiscal year 2005, the Secretary shall cumulatively adjust: 1) the maximum amount the State was eligible to reserve for State administration under this part for fiscal year 2004; and 2) $800,000, by the rate of inflation as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor.

________________________________________________________

¹Each State may reserve for each fiscal year not more than the maximum amount the State was eligible to reserve for State administration under this section for fiscal year 2004 or $800,000 (adjusted in accordance with 20 U.S.C. 1411(e)(1)(B)), whichever is greater; and each outlying area may reserve for each fiscal year not more than 5 percent of the amount the outlying area receives under 20 U.S.C. 1411(b)(1) for the fiscal year or $35,000, whichever is greater.

For each fiscal year beginning with fiscal year 2005, the Secretary shall cumulatively adjust: 1) the maximum amount the State was eligible to reserve for State administration under this part for fiscal year 2004; and 2) $800,000, by the rate of inflation as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor.

Section 608(a) of the IDEA requires each State that receives funds under this title to:

(1) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this title;

(2) identify in writing to local educational agencies located in the State and the Secretary any such rule, regulation, or policy as a State-imposed requirement that is not required by this title and Federal regulations; and

(3) minimize the number of rules, regulations, and policies to which the local educational agencies and schools located in the State are subject under this title.

States must attach to this application a list identifying any rule, regulation, or policy that is State-imposed (not required by IDEA or Federal regulations).  If there are no such State-imposed rules, regulations, or policies, please so indicate.  In addition, the State is required to inform local educational agencies in writing of such State-imposed rules, regulations or policies.  (20 U.S.C. 1407(a); 34 CFR § 300.199)

List of State-Imposed Special Education Rules, Regulations or Policies

Comments on New Jersey's Annual State Application Under Part B of IDEA 2004

Years of Age Cohort (for years of ages 3 through 21) for which FAPE is Ensured New Jersey’s Annual State Application Under Part B of IDEA 2004

Section A. Maintenance of State Financial Support

Pursuant to the authority established in IDEA section 618(a)(3), each applicant for funds under section 611 must provide the following State fiscal data with a certification of its accuracy by the State budget office or an authorized representative thereof.  Amounts should be shown in whole dollars and are for the State fiscal year (SFY). States may meet the maintenance of State financial support (MFS) requirement in IDEA section 612(a)(18) and 34 CFR § 300.163 on either a total or per capita basis. In order to complete Section V.A. of the Application, States must provide in whole dollars the total amount of State financial support made available for special education and related services for children with disabilities during SFYs 2021 and 2022. However, if a State met the MFS requirement on a per capita basis, it must complete the first chart and then may also complete the second chart by providing, in whole dollars, the amount of State financial support made available for special education and related services per child with a disability during SFYs 2021 and 2022.

Grants-PartB-FFY2023-Application Section V MSFS signed

Total Amount of State Financial Support Made Available for Special Education and Related Services for Children with Disabilities

Per capita amount of State Financial Support Made Available for Special Education and Related Services for Children with Disabilities

__________________________________________________________

State Budget Officer or Authorized Representative (Printed Name)

______________________________________________                                    _________________

Signature of State Budget Officer or Authorized Representative                             Date

Section B. Significant Disproportionality

In accordance with 34 CFR § 300.647(b)(7), each State must report all risk ratio thresholds, minimum cell sizes, minimum n-sizes, standards for measuring reasonable progress if the State uses the “reasonable progress” flexibility in 34 CFR § 300.647(d)(2), and the rationales for each, to the Department.  Under § 300.647(b)(7), rationales for minimum cell sizes that exceed 10 and minimum n-sizes that exceed 30 must include a detailed explanation of why the numbers chosen are reasonable and how they ensure that the State is appropriately analyzing and identifying LEAs with significant disproportionality based on race and ethnicity, in the identification, placement, or discipline of children with disabilities. Additionally, pursuant to the authority established in IDEA section 618(a)(3), each applicant must also provide the number of years of data it uses in making annual determinations of significant disproportionality. Each applicant must provide this information by completing and submitting the Significant Disproportionality Reporting Form.

All States completed and submitted the Significant Disproportionality Reporting Form with their FFY 2020 IDEA Part B application. After the initial submission of the Form, a State will only be required to submit the Form with any future annual IDEA Part B State applications if the State modifies its risk ratio thresholds, minimum cell sizes, minimum n-sizes, standards for measuring reasonable progress, and rationales for each, or the number of years of data used in making annual determinations of significant disproportionality.

If your State has revised its Significant Disproportionality procedures or has any questions regarding Section V.B. of the grant application, please contact your OSEP State Lead before the Application due date.

NOTICE TO ALL APPLICANTS:

EQUITY FOR STUDENTS, EDUCATORS, AND OTHER PROGRAM BENEFICIARIES

Section 427 of the General Education Provisions Act (GEPA) (20 U.S.C. 1228a) applies to applicants for grant awards under this program.

ALL APPLICANTS FOR NEW GRANT AWARDS MUST INCLUDE THE FOLLOWING INFORMATION IN THEIR APPLICATIONS TO ADDRESS THIS PROVISION IN ORDER TO RECEIVE FUNDING UNDER THIS PROGRAM.

Please respond to the following requests for information:

1. Describe how your entity’s existing mission, policies, or commitments ensure equitable access to, and equitable participation in, the proposed project or activity.

The 28 state level activities at the NJDOE/OSE can be categorized into three groups:

1. 1. Activities that support operations as required by the IDEA;
   2. Activities that are universally available to participants; and
   3. Activities that are targeted to a specific group.

Activities to Support Operations as Required by the IDEA

• • • Dispute Resolution System: New Jersey Office of Administrative Law, which is responsible for the dispute resolution system, and contracted mediators;
    • Commission for the Blind, to provide itinerant services to students who are blind or visually impaired;
    • Rutgers University, to provide data analysis for SPP/APR indicators 8 and 14;
    • Transcription and translation services for due process hearings;
    • Training for the State Special Education Advisory Council;
    • Training for staff on mediation and dispute resolution;
    • NJDOE/OSE Learning Resource Center-Network;
    • Consultants required through litigation;
    • Statewide assessments for students with disabilities;
    • Parental Engagement NGO;
    • Supplemental grant for 21^st Century;
    • Facilitated IEP program; and,
    • The College of New Jersey’s Deaf-Blind Technical Assistance Project.

Activities Universally Available (These activities are universally available on through online platforms or opportunities to participate are open to all LEAs.)

• • • Special Olympics New Jersey Unified Sports Program;
    • Dare to Dream: Self-Advocacy Conference for Successful Post-Secondary Transition;
    • Rutgers University Training on Community Based Instruction and Person Centered Planning;
    • Learning Ally (Books on Tape);
    • Professional development for teacher of students who are Deaf or hard of hearing; and,
    • School Climate Transformation Project.

Activities Supporting Specific LEAs (These activities support NJDOE/OSE priorities and LEAs are selected based on LEA-level data.)

• • • Rutgers University: Positive Behavioral Supports in Schools;
    • Montclair University Preschool Inclusion Project;
    • New Jersey Equity and Inclusion Project;
    • Rutgers University: Addressing Significant Disproportionality

The New Jersey Department of Education is committed to ensuring students have equitable access to high-quality education as evidenced by:

NJDOE Mission Statement: The New Jersey Department of Education supports schools, educators and districts to ensure all of New Jersey's 1.4 million students have equitable access to high quality education and achieve academic excellence.

NJDOE Vision Statement: Become a model organization that strengthens teaching, leading and learning in order to increase educational equity for all students.

Division of Educational Services and Office of Special Education Goals:

• • • Address the reading opportunity gap in students with disabilities, students from low-income families, English learners, students experiencing homelessness, children and youth in foster care, migratory students and students disproportionately impacted by the pandemic through New Jersey Tiered Systems of Supports (NJTSS), State Implementation and Scaling Up of Evidence-based Practices (SISEP), the State-identified Measurable Result (SiMR) and ongoing technical assistance to LEAs.
    • Support local education agencies (LEAs) in addressing the mental health needs of students and educators through the Mental Health Services and Supports Grant and the MTSS Mental Health Supporting Staff Grant.
    • Enhance efforts to identify, collect, and report student data and access to learning opportunities that may be used to target resources and supports.
    • Support LEAs in effectively utilizing Federal Funds to ensure the equitable delivery of services to meet the individual learning and social, emotional, and mental health needs of all students.

New Jersey Administrative Code Addressing Equity:

New Jersey Administrative Code 6A:7 : Managing for Equality and Equity in Education, ensures that “all students, regardless of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender, gender identity or expression, religion, disability, or socioeconomic status, are provided equal access to educational programs and services by district boards of education.”

New Jersey ESSA State Plan

New Jersey’s commitment to ensure all students are held to, and provided with, the opportunities and resources to achieve at high levels is evidenced in the ESSA State Plan. The State Plan describes how NJDOE works to improve equity and serve all students by:

• • • Empowering educators at the school and LEA levels, as well as families, by providing accessible and actionable data to LEAs and communities to ensure schools, LEAs and families can make decisions that are in the best interest of students;
    • Empowering schools, LEAs and families by providing guidance and information to LEAs regarding how federal, state and local funds can be better utilized to meet specific student needs;
    • Supporting schools and LEAs in the implementation of academic standards from birth through high school and enabling schools and families to assess progress toward the standards;
    • Providing direct support for high-quality early childhood education through state supported preschool programs and partnerships with other state agencies serving the youngest and most vulnerable children;
    • Developing and training LEAs on an optional tiered model of support for all students; and
    • Ensuring outcomes through equity regulations. 

2. Based on your proposed project or activity, what barriers may impede equitable access and participation of students, educators, or other beneficiaries?

The mission of the NJDOE, and the Office of Special Education (OSE) as it implements the requirements of the IDEA, is to ensure students have equitable access to high-quality education.  Addressing the opportunity gap is the thread that connects all the work of the OSE. All projects are grounded on a foundation of equity and inclusion, with an intentional focus on ensuring representativeness and equal access.  While the current template for a Notice of a Grant Opportunity (NGO) includes language that explicitly addresses equity and equitable outcomes, the template for the Memorandum of Understanding (MOU) does not include that language.

The mission of the NJDOE, and the Office of Special Education (OSE) as it implements the requirements of the IDEA, is to ensure students have equitable access to high-quality education.  Addressing the opportunity gap is the thread that connects all the work of the OSE. All projects are grounded on a foundation of equity and inclusion, with an intentional focus on ensuring representativeness and equal access. While the current template for a Notice of a Grant Opportunity (NGO) includes language that explicitly addresses equity and equitable outcomes.  However, the current templates for Notice of a Grant Opportunity (NGO) and, the template for the Memorandum of Understanding (MOU) do not include language that explicitly reflects this commitment to equity and equitable access does not include that language. .

The state-level projects and activities in categories B and C provide support and training for the administrators and staff of LEAs and families of students with disabilities. The major barrier the NJDOE must consider is the ability to access these programs.  The shortage of teachers and related services providers occurring across the nation has been particularly difficult for the large urban school districts supporting students from historically underserved groups.  This staff shortage also impacts the availability of substitute teachers. Teachers and other educational professionals may not be able to secure coverage to attend trainings or other professional development opportunities.

3. Based on the barriers identified, what steps will you take to address such barriers to equitable access and participation in the proposed project or activity?

To ensure the efforts of subgrantees and partners of the NJDOE/OSE address a commitment to equity and equitable access, the MOU template will be revised to explicitly address expectations and requirements related to equity.  The revision will reflect the commitment to equity and equitable access that is embedded in the mission and vision of the NJDOE and codified in New Jersey Administrative Code 6A:7.

The NJDOE requires sub-grantees and other partners to provide access to content and resources in a variety of modalities.  Live professional development opportunities are provided both in-person and through virtual means and are offered at different times to provide access to as many educators as possible.  Learning opportunities are offered during the summer to encourage participation from as many stakeholders as possible. Content is recorded and housed on the NJDOE/OSE website along with resources and guidance to allow access at any time.

The NJDOE will conduct outreach through the county offices of education, parent center, and state special education advisory council to identify additional barriers and develop strategies to ensure equitable access and participation.

4. What is your timeline, including targeted milestones, for addressing these identified barriers?

Revisions to the NGO and MOU templates requires approval from NJDOE leadership, the Office of the Attorney General, the New Jersey Department of Treasury, and the Office of the Governor and the process is likely to be quite lengthy.  It is anticipated that final approval to the revisions could be obtained by December 2023, with the launch of the new templates in early 2024.

The NJDOE/OSE’s focus on equity eliminates or addresses barriers that may be preventing equal access to state level activities due to staff shortages.  The NJDOE/OSE’s multi-pronged approach to provide state level activities in multiple modalities at different times of the day and year, along with providing an increasing number of resources virtually and through online platforms begins to address an identified barrier.

The NJDOE/OSE has an ongoing process to elicit stakeholder feedback and make adjustments when new barriers are identified, or existing barriers persist.