OMB NO. 1820-0030
Expires: 01/31/2026
ANNUAL STATE APPLICATION UNDER PART B OF THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT AS AMENDED IN 2004
FOR FEDERAL FISCAL YEAR 2023
CFDA No. 84.027A and 84.173A
ED FORM No. 9055
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION PROGRAMS
Washington, DC 20202-2600
Public Burden Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a currently valid OMB control number. The valid OMB control number for this collection is 1820-0030. Public reporting burden for this collection of information is estimated to average 14 hours per responses, and an average of 25 additional hours for responses reporting data related to significant disproportionality in a given year, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain a benefit under 20 U.S.C. 1411 and 1419. If you have comments or concerns regarding the status of your individual submission of this form, please contact Jennifer Simpson at Jennifer.Simpson@ed.gov or at the Office of Special Education and Rehabilitative Services US Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.
Respondents are required to submit information for Sections I-IV of the Annual State Application in order to receive a grant under Section(s) 611 and/or 619 of the Individuals with Disabilities Education Act. Respondents are required to provide the data in Section V pursuant to IDEA section 618(a)(3), which provides the Secretary authority to collect annual data on any information that may be required by the Secretary and 34 CFR §300.647(b)(7), which requires States to 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.
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)
Yes Assurance is given. Place a check as applicable. |
No Assurance cannot be given. Provide date on which State will complete changes in order to provide assurance. Enter date(s) as applicable. |
Assurances Related to Policies and Procedures |
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1. A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled, in accordance with 20 U.S.C. 1412(a)(1); 34 CFR §§300.101‑300.108. |
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2. The State has established a goal of providing a full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal. (20 U.S.C. 1412(a)(2); 34 CFR §§300.109‑300.110) |
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3. All children with disabilities residing in the State, including children with disabilities who are homeless or are wards of the State and children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services in accordance with 20 U.S.C. 1412(a)(3); 34 CFR §300.111. |
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4. An individualized education program, or an individualized family service plan that meets the requirements of section 636(d), is developed, reviewed, and revised for each child with a disability in accordance with 34 CFR §§300.320 through 300.324, except as provided in §§300.300(b)(3) and 300.300(b)(4). (20 U.S.C. 1412(a)(4); 34 CFR §300.112) |
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5. 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 in accordance with 20 U.S.C. 1412(a)(5)(A)-(B); 34 CFR §§300.114-300.120. |
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6. Children with disabilities and their parents are afforded the procedural safeguards required by 34 CFR §§300.500 through 300.536 and in accordance with 20 U.S.C. 1412(a)(6); 34 CFR §300.121. |
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7. Children with disabilities are evaluated in accordance with 34 CFR §§300.300 through 300.311. (20 U.S.C. 1412(a)(7); 34 CFR §300.122) |
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8. Agencies in the State comply with 34 CFR §§300.610 through 300.626 (relating to the confidentiality of records and information). (20 U.S.C. 1412(a)(8); 34 CFR §300.123) |
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9. Children participating in early intervention programs assisted under Part C, and who will participate in preschool programs assisted under this part, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9). By the third birthday of such a child, an individualized education program or, if consistent with 34 CFR §300.323(b) and section 636(d), an individualized family service plan, has been developed and is being implemented for the child. The local educational agency will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10). (20 U.S.C. 1412(a)(9); 34 CFR §300.124) |
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10. Agencies in the State, and the SEA if applicable, comply with the requirements of 34 CFR §§300.130 through 300.148 (relating to responsibilities for children in private schools), including that to the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary schools in the school district served by a local educational agency, provision is made for the participation of those children in the program assisted or carried out under this part by providing for such children special education and related services in accordance with the requirements found in 34 CFR §§300.130 through 300.148 unless the Secretary has arranged for services to those children under subsection (f) [By pass]. (20 U.S.C. 1412(a)(10); 34 CFR §§300.129-300.148) |
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11. The State educational agency is responsible for ensuring that the requirements of Part B are met including the requirements of 34 CFR §§300.113, 300.149, 300.150 through 300.153, and 300.175 and 300.176 and that the State monitors and enforces the requirements of Part B in accordance with 34 CFR §§300.600-300.602 and 300.606-300.608. (20 U.S.C. 1412(a)(11); 34 CFR §300.149) |
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12. The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency described in subparagraph (b) of 34 CFR §300.154 and the State educational agency, in order to ensure that all services described in paragraph (b)(1)(i) that are needed to ensure a free appropriate public education are provided, including the provision of such services during the pendency of any dispute under §300.154(a)(3). Such agreement or mechanism shall meet the requirements found in 20 U.S.C. 1412(a)(12)(A)-(C); 34 CFR §300.154. |
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13. The State educational agency will not make a final determination that a local educational agency is not eligible for assistance under this part without first affording that agency reasonable notice and an opportunity for a hearing. (20 U.S.C. 1412(a)(13); 34 CFR §300.155) |
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14. The State educational agency has established and maintains qualifications to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities as noted in 20 U.S.C. 1412(a)(14)(A)-(E), as amended by the Every Student Succeeds Act; 34 CFR §300.156. |
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15. The State has established goals for the performance of children with disabilities in the State that meet the requirements found in 20 U.S.C. 1412(a)(15)(A)-(C), as amended by the Every Student Succeeds Act; 34 CFR §300.157. |
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16. All children with disabilities are included in all general State and districtwide assessment programs, including assessments described under section 1111 of the Elementary and Secondary Education Act of 1965, with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs as noted in 20 U.S.C. 1412(a)(16)(A)-(E); as amended by the Every Student Succeeds Act; 34 CFR §300.160. |
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17. Funds paid to a State under this part will be expended in accordance with all the provisions of Part B including 20 U.S.C. 1412(a)(17)(A)-(C); 34 CFR §300.162. |
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18. The State will not reduce the amount of State financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year, unless a waiver is granted, in accordance with 20 U.S.C. 1412(a)(18)(A)-(D); 34 CFR §§300.163 through 300.164. |
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19. Prior to the adoption of any policies and procedures needed to comply with this section (including any amendments to such policies and procedures), the State ensures that there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities. (20 U.S.C. 1412(a)(19); 34 CFR §300.165) |
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20. In complying with 34 CFR §§300.162 and 300.163, a State may not use funds paid to it under this part to satisfy State-law mandated funding obligations to local educational agencies, including funding based on student attendance or enrollment, or inflation. (20 U.S.C. 1412(a)(20); 34 CFR §300.166) |
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21. The State has established and maintains an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State as found in 20 U.S.C. 1412(a)(21)(A)-(D); 34 CFR §§300.167-300.169. |
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22. The State educational agency examines data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities in accordance with 20 U.S.C. 1412(a)(22)(A)-(B); 34 CFR §300.170. |
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23a. The State adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after the publication of the National Instructional Materials Accessibility Standard in the Federal Register in accordance with 20 U.S.C. 1412(a)(23)(A) and (D); 34 CFR §300.172. |
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23b. (Note: Check either "23b.1" or "23b.2" whichever applies. |
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23b.1 The State educational agency coordinates with the National Instructional Materials Access Center and not later than 12/03/06 the SEA as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials enters into a written contract with the publisher of the print instructional materials to: · require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Materials Access Center, electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard; or · purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. (20 U.S.C. 1412(a)(23)(C); 34 CFR §300.172) |
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23b.2 The State educational agency has chosen not to coordinate with the National Instructional Materials Access Center but assures that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. (20 U.S.C. 1412(a)(23)(B); 34 CFR §300.172) |
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24. The State has in effect, consistent with the purposes of the IDEA and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in 34 CFR §300.8. (20 U.S.C 1412(a)(24); 34 CFR §300.173) |
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25. The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 812(c)) as a condition of attending school, receiving an evaluation under 34 CFR §§300.300 through 300.311, or receiving services under the IDEA as described in 20 U.S.C. 1412(a)(25)(A)-(B); 34 CFR §300.174. |
B. Other Assurances
The State also makes the following assurances:
Yes |
Other Assurances |
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1. The State shall distribute any funds the State does not reserve under 20 U.S.C. 1411(e) to local educational agencies (including public charter schools that operate as local educational agencies) in the State that have established their eligibility under section 613 for use in accordance with this part as provided for in 20 U.S.C. 1411(f)(1)-(3); 34 CFR §300.705. |
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2. The State shall provide data to the Secretary on any information that may be required by the Secretary. (20 U.S.C. 1418(a)(3); 34 CFR §§300.640-300.645.) |
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3. The State, local educational agencies, and educational service agencies shall use fiscal control and fund accounting procedures that insure proper disbursement of and accounting for Federal funds. (34 CFR §76.702) |
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4. As applicable, the assurance in OMB Standard Form 424B (Assurances for Non-Construction Programs), relating to legal authority to apply for assistance; access to records; conflict of interest; merit systems; nondiscrimination; Hatch Act provisions; labor standards; flood insurance; environmental standards; wild and scenic river systems; historic preservation; protection of human subjects; animal welfare; lead-based paint; Single Audit Act; and general agreement to comply with all Federal laws, executive orders and regulations. |
C. Certifications
The State is providing the following certifications:
Yes |
Certifications |
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1. The State certifies that ED Form 80-0013, Certification Regarding Lobbying, is on file with the Secretary of Education. With respect to the Certification Regarding Lobbying, the State recertifies that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making or renewal of Federal grants under this program; that the State shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," when required (34 CFR Part 82, Appendix B); and that the State Agency shall require the full certification, as set forth in 34 CFR Part 82, Appendix A, in the award documents for all sub awards at all tiers. |
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2. The State certifies that the arrangements to establish responsibility for services pursuant to 20 U.S.C. 1412(a)(12)(A)-(C); 34 CFR §300.154 (or 20 U.S.C. 1412(a)(12)(A)); 34 CFR §300.154(a) are current. This certification must be received prior to the expenditure of any funds reserved by the State under 20 U.S.C. 1411(e)(1); 34 CFR §300.171. |
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.
Printed/Typed Name of Authorized Representative of the State: Angelica Allen-McMillan, Ed.D. |
Title of Authorized Representative of the State: Acting Commissioner Department of Education |
Signature:
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Date: |
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.
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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
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
SFY 2021 |
$1,911,631,988 |
SFY 2022 |
$2,148,133,230 |
Per capita amount of State Financial Support Made Available for Special Education and Related Services for Children with Disabilities
SFY 2021 |
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SFY 2022 |
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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:
- 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:
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- Activities that support operations as required by the IDEA;
- Activities that are universally available to participants; and
- Activities that are targeted to a specific group.
Activities to Support Operations as Required by the IDEA
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- 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 21st Century;
- Facilitated IEP program; and,
- The College of New Jersey’s Deaf-Blind Technical Assistance Project.
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Activities Universally Available (These activities are universally available on through online platforms or opportunities to participate are open to all LEAs.)
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- 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.
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Activities Supporting Specific LEAs (These activities support NJDOE/OSE priorities and LEAs are selected based on LEA-level data.)
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- Rutgers University: Positive Behavioral Supports in Schools;
- Montclair University Preschool Inclusion Project;
- New Jersey Equity and Inclusion Project;
- Rutgers University: Addressing Significant Disproportionality
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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:
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- 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.
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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:
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- 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.
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- 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.
- 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.
- 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.
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