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A1201
ASSEMBLY, No. 1201
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywoman Fantasia
SYNOPSIS
���� Modifies method of allocating State aid for providing
auxiliary and remedial services to nonpublic school students.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning auxiliary and remedial services for
nonpublic school students, amending and supplementing P.L.1977, c.192 and
P.L.1977, c.193, and repealing various parts of the statutory law.�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1977,
c.193 (C.18A:46-19.1) is amended to read as follows:
���� The Legislature
[
hereby
]
finds and
[
determines
]
declares
that
[
the
]
:
����
a.��� The
security and
welfare of the State require that all school-age children be assured the
fullest possible opportunity to develop their intellectual capacities.� In
order to achieve this objective it is the intent of this Legislature to require
that the State and local communities identify and provide remedial services for
[
handicapped
]
children
with
disabilities
in both public and nonpublic schools.
����
b.��� The annual
appropriations to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1
et al.) should be fully expended each year to support nonpublic school students.
����
c.��� The maximum per
service aid amounts established by the commissioner are to be calculated in
accordance with the provisions of P.L.1977, c.193 (C.18A:46-19.1 et al.) in
order to maintain the quality of services provided to eligible nonpublic
students and the overall sustainability of the program.
(cf: P.L.1977, c.193, s.1)
���� 2.� Section 8 of P.L.1977,
c.193 (C.18A:46-19.6) is amended to read as follows:
���� 8.��� If the provision of
services, pursuant to
[
this
act
]
P.L.1977,
c.193 (C.18A:46-19.1 et al.)
requires transportation or the maintenance of
vehicular classrooms, the board of education of a district in which a nonpublic
school is located shall provide for such transportation and maintenance and the
cost shall be
[
paid
from
]
reimbursed
to the district in the form of
State aid received by the district for the
purpose of
[
this
act
]
P.L.1977,
c.193 (C.18A:46-19.1 et al.)
.
(cf: P.L.1984, c.120, s.1)
���� 3.� Section 14 of P.L.1977,
c.193 (C.18A:46-19.8) is amended to read as follows:
���� 14.� a.� On November 5 of each
year, each board of education shall report the number of nonpublic school
children who attended a nonpublic school located within the district who were
identified as eligible to receive examination, classification, and speech
correction services pursuant to
[
this
act
]
P.L.1977,
c.193 (C.18A:46-19.1 et al.)
during the previous school year.�
[
The number of
these pupils requiring an initial evaluation or reevaluation for examination
and classification shall be multiplied by $990.73.� The number of these pupils
requiring an annual review for examination and classification shall be
multiplied by $297.06.� The number requiring speech correction shall be
multiplied by $786.70.� These products shall be added to determine the
estimated cost for providing examination, classification, and speech
corrections services to nonpublic school children during the next school year.�
Each board of education shall report the number of nonpublic school children
who attended a nonpublic school located within the district, who were identified
as eligible for supplementary instruction services during the preceding school
year.� The number of these pupils shall be multiplied by $752.41.� This product
shall be added to the estimated cost for providing examination, classification
and speech correction services.
���� In preparing its annual
budget, each board of education shall include as an expenditure the estimated
cost of providing services to nonpublic school children pursuant to P.L.1977,
c.193 (C.18A:46-19.1 et al.).
���� In preparing its annual
budget, each board of education shall include as a revenue State aid in an
amount equal to the estimated cost of providing services to nonpublic school
children pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.).
���� During each school year, each
district shall receive an amount of State aid equal to 10% of the estimated
cost on the first day in September and on the first day of each month during
the remainder of the school year.� If a board of education requires funds prior
to September, the board shall file a written request with the Commissioner of
Education stating the need for the funds.� The commissioner shall review each
request and forward those for which need has been demonstrated to the
appropriate officials for payment.� In the event the expenditures incurred by
any district are less than the amount of State aid received, the district shall
refund the unexpended State aid after completion of the school year.� The
refunds shall be paid no later than December 1.� In any year, a district may
submit a request for additional aid pursuant to P.L.1977, c.193 (C.18A:46-19.1
et al.).� If the request is approved and funds are available from refunds of
the prior year, payment shall be made in the current school year
]
The
commissioner may require any additional data collection as may be necessary to
ensure that the maximum per service aid amounts established pursuant to
subsection c. of this section are reflective of the number of students eligible
for each applicable service provided pursuant to P.L.1977, c.193 (C.18A:46-19.1
et al.)
.
���� b.��� For the purposes of
[
the report
]
any report
or other data
provided pursuant to subsection a. of this section, a board
of education shall include a pupil enrolled in a nonpublic school located
within the district who does not reside in the State in the number of pupils
requiring an initial evaluation or reevaluation for examination and
classification or requiring an annual review for examination and
classification.
���� Notwithstanding the provisions
of N.J.S.18A:46-6, N.J.S.18A:46-8, or any other section of law to the contrary,
a school district may
[
use
State aid received
]
seek reimbursement from the State
pursuant to the provisions of
P.L.1977, c.193 (C.18A:46-19.1 et al.) for the initial evaluation or
reevaluation for examination and classification or annual review for
examination and classification of a nonpublic school pupil who is not a
resident of the State.
����
c.��� (1)� The allocation
of State aid to local school districts to provide services pursuant to
P.L.1977, c.193 (C.18A:46-19.1 et al.) shall be determined by the commissioner
in a manner consistent with the provisions of this subsection, and the aid
shall be distributed to school districts pursuant to section 4 of P.L.��� ,
c.��� (C.����� ) (pending before the Legislature as this bill).� In allocating
State aid, the commissioner shall establish maximum per service aid amounts for
an initial evaluation or reevaluation for examination and classification, an
annual review for examination and classification, speech correction, and
supplementary instruction services.� The maximum per service aid amounts shall
be determined by dividing the amount annually appropriated to provide services
pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.) by the average number of
documented services delivered in the prior three school years.� In the second
full school year following the date of enactment of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill) and every third school year
thereafter, the commissioner shall cause a survey to be conducted, which shall
collect from service providers information as the commissioner deems necessary
to calculate the average and range of costs incurred to provide services
pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.).� The commissioner shall
report the findings of the survey to the Governor, and to the Legislature
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and shall use the
report to inform recommendations on the annual appropriation to provide
services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.).
����
(2) �In distributing State
aid to provide services pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.), the
commissioner shall also ensure that, to the greatest extent possible, the
amounts annually appropriated are fully exhausted by the end of the school year
for which the maximum amounts are established and that the amounts appropriated
are equitably distributed among school districts applying for reimbursement
pursuant to section 4 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill).� To the extent permitted by federal law, the
commissioner may establish limits on the duration and frequency of speech
correction services and supplementary instruction services provided pursuant to
P.L.1977, c.193 (C.18A:46-19.1 et al.) in order to ensure that the greatest
number of eligible students are provided the services throughout the school
year and that, to the greatest extent possible, the amount annually
appropriated for the services is available to reimburse school districts during
the entirety of the school year. �The maximum per service aid amounts, and any
limits established by the commissioner on the duration and frequency of speech
correction services and supplementary instruction services, shall be
disseminated by the commissioner to school districts and nonpublic schools no
later than July 15
of the school year.�
����
d.� A school district
seeking State aid for services provided pursuant to P.L.1977, c.193
(C.18A:46-19.1 et al.) shall apply for reimbursement of the costs to provide
the services in accordance with the process established by the commissioner in section
4 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill).
(cf: P.L.2010, c.71, s.1)
���� 4.� (New section)� a.� The
commissioner shall establish a process by which school districts are reimbursed
for costs, within the limits of available appropriations and the applicable
maximum per service aid amounts established pursuant to subsection c. of section
14 of P.L.1977, c.193 (C.18A:46-19.8), that are incurred to provide services
for all eligible nonpublic school pupils pursuant to P.L.1977, c.193
(C.18A:46-19.1 et al.).� The process to be established by the commissioner
shall permit school districts to apply for reimbursement payments on a quarterly
basis in a manner to be determined by the commissioner.� School districts
seeking reimbursement for services pursuant to this section shall submit
applications for reimbursement on a quarterly basis and adhere to all
submission guidelines, accounting and budgeting guidance, documentation
requirements, and defined timelines for reimbursement as determined by the
commissioner.�
���� b.� No later than July 15 of
each school year, the commissioner shall notify school districts and nonpublic
schools of the details concerning the reimbursement process established
pursuant to subsection a. of this section, which details shall include
submission guidelines, accounting and budgeting guidance, documentation
requirements, and defined timelines for reimbursement.� School districts shall
be able to first apply for reimbursement beginning on September 1.�
Notwithstanding the reimbursement process first opening on September 1, a
district shall be able to apply for reimbursement for costs incurred prior to
September 1, provided that the costs are within the applicable maximum per
service aid amounts established pursuant to subsection c. of section 14 of
P.L.1977, c.193 (C.18A:46-19.8).� Reimbursements shall be made to school
districts throughout the school year until the amount annually appropriated as
State aid for services provided pursuant to P.L.1977, c.193 (C.18A:46-19.1 et
al.) has been fully expended in the school year for which the appropriation has
been made.�
���� c.� Notwithstanding the
provisions of any other law, rule, or regulation to the contrary, the
commissioner is authorized to withhold all or a portion of the amount of aid that
may be retained by a school district for administrative purposes, if the
commissioner finds that the district did not apply for reimbursement of costs
in a timely manner, in accordance with the defined timelines for reimbursement
established by the commissioner pursuant to subsection b. of this section, or
otherwise did not properly or efficiently administer funds allocated to the
district pursuant to P.L.1977, c.193 (C.18A:46-19.1 et al.).
����� 5.�� Section
1 of P.L.1977, c.192 (C.18A:46A-1) is amended to read as follows:
����� The
Legislature hereby finds and
[
determines
]
declares
that
[
the
]
:
�����
a.�
The
welfare of the State requires that present and future generations of
school age children be assured opportunity to develop to the fullest their
intellectual capacities.� It is the intent of this Legislature to
[
insure
]
ensure
that the State shall furnish on an
equal basis auxiliary services to all pupils in the State in both public and
nonpublic schools.
�����
b.�
The annual appropriations to provide services pursuant to P.L.1977, c.192
(C.18A:46A-1 et seq.) should be fully expended each year to support nonpublic
school students.
�����
c.�
The maximum per service aid amounts established by the commissioner are to be
calculated in accordance with the provisions of P.L.1977, c.192 (C.18A:46A-1 et
seq.) in order to maintain the quality of services provided to eligible
nonpublic students and the overall sustainability of the program.
(cf:
P.L.1977, c.192, s.1)
���� 6.� Section 6 of P.L.1977,
c.192 (C.18A:46A-6) is amended to read as follows:
���� 6.� If the provision of
services pursuant to
[
this
act
]
P.L.1977,
c.192 (C.18A:46A-1 et seq.)
requires transportation or the maintenance of
vehicular classrooms, the board of education of the district� in which a
nonpublic school is located shall provide for such transportation� and
maintenance, and the cost shall be
[
paid
from
]
reimbursed
to the district in the form of
additional State aid received� by the
district for the purpose of
[
this
act
]
P.L.1977,
c.192 (C.18A:46A-1 et seq.)
.
(cf: P.L.1984. c.122, s.2)
����� 7.�
Section 8 of P.L.1977, c.192 (C.18A:46A-8) is amended to read as follows:
����� 8.�
No more than
[
6%
]
six percent
of the aid received by any
district pursuant to
[
this act
]
P.L.1977, c.192 (C.18A:46A-1 et seq.)
shall
be used by
[
such
]
the
district for administration of the act,
and no more than
[
18%
]
18 percent
of
[
such
]
the
aid shall be used to rent facilities needed to implement the provisions of
[
this act
]
P.L.1977,
c.192 (C.18A:46A-1 et seq.)
.�
Notwithstanding the provisions of any
other law, rule, or regulation to the contrary, the commissioner is authorized
to withhold all or a portion of the amount of aid retained by a school district
pursuant to this section, if the commissioner finds that the district did not
apply for reimbursement of costs in a timely manner, in accordance with the
defined timelines for reimbursement established by the commissioner pursuant to
section 9 of P.L.��� , c.��� (C.������� ), or otherwise did not properly or
efficiently administer funds allocated to the district pursuant to P.L.1977,
c.192 (C.18A:46A-1 et seq.).
(cf:
P.L.1977, c.192, s.8)
���� 8.� Section 9 of P.L.1977,
c.192 (C.18A:46A-9) is amended to read as follows:
���� 9.���
(1)
The
[
apportionment
]
allocation
of State aid
[
among
]
to
local school districts
for services provided pursuant to P.L.1977, c.192
(C.18A:46A-1 et seq.)
shall be
[
calculated
]
determined
by the commissioner
[
as
follows:
]
in a manner consistent with the provisions of this section, and the aid
shall be distributed to school districts pursuant to section 9 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill).� In
allocating State aid, the commissioner shall establish maximum per service aid
amounts for providing the equivalent service to children of limited
English-speaking ability, compensatory education, and home instruction.� The
maximum per service aid amounts shall be determined by dividing the amount
annually appropriated to provide services provided pursuant to P.L.1977, c.192
(C.18A:46A-1 et seq.) by the average number of documented services delivered in
the prior three school years.� In the second full school year following the
date of enactment of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) and every third school year thereafter, the
commissioner shall cause a survey to be conducted, which shall collect from
service providers information as the commissioner deems necessary to calculate
the average and range of costs incurred to provide services pursuant to P.L.1977,
c.192 (C.18A:46A-1 et seq.).� The commissioner shall report the findings of the
survey to the Governor, and to the Legislature pursuant to section 2 of
P.L.1991, c.164 (C.52:14-19.1), and shall use the report to inform
recommendations on the annual appropriation to provide services pursuant to P.L.1977,
c.192 (C.18A:46A-1 et seq.).
����
(2) �In distributing State
aid for services pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.), the commissioner
shall also ensure that, to the greatest extent possible, the amounts annually
appropriated are fully exhausted by the end of the school year for which the
maximum amounts are established and that the amounts appropriated are equitably
distributed among school districts applying for reimbursement pursuant to section
9 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this
bill).� To the extent permitted by federal law, the commissioner may establish
limits on the duration and frequency of each auxiliary service provided
pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) in order to ensure that the
greatest number of eligible students are provided the services throughout the
school year and that, to the greatest extent possible, the amount annually
appropriated for the services is available to reimburse school districts during
the entirety of the school year. The maximum per service aid amounts, and any
limits established by the commissioner on the duration and frequency of
auxiliary services,
shall be disseminated by the commissioner to school
districts and nonpublic schools no later than July 15 of the school year.�
����
A school district seeking
State aid for services provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et
seq.) shall apply for reimbursement of the costs to provide the services in
accordance with the process established by the commissioner in section 9 of P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill).
���� a.���
[
The per pupil
aid amount for providing the equivalent service to children of limited
English-speaking ability enrolled in the public schools, shall be $1274.03.�
The appropriate per pupil aid amount for compensatory education shall be
$628.71.
]�
(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)
���� b.���
[
The
appropriate per pupil aid amount shall then be multiplied by the number of
auxiliary services received for each pupil enrolled in the nonpublic schools
who were identified as eligible to receive each auxiliary service as of the
last school day of June of the prebudget year, to obtain each district's State
aid for the next school year.
]
�
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� c.���
[
The per pupil
aid amount for home instruction shall be determined by multiplying the base per
pupil amount by a cost factor of 0.0037 by the number of hours of home
instruction actually provided in the prior school year.
]�
(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)
(cf: P.L.2007, c.260, s.74)
���� 9.��� (New section)� a.� The
commissioner shall establish a process by which school districts are reimbursed
for costs, within the limits of available appropriations and the applicable
maximum per service aid amounts established pursuant to section 9 of P.L.1977,
c.192 (C.18A:46A-9), that are incurred to provide services for eligible
nonpublic school students pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.).�
The process to be established by the commissioner shall permit school districts
to apply for reimbursement payments on a quarterly basis in a manner to be
determined by the commissioner.� School districts seeking reimbursement for
services pursuant to this section shall submit applications for reimbursement
on a quarterly basis and adhere to all submission guidelines, accounting and
budgeting guidance, documentation requirements, and defined timelines for
reimbursement as determined by the commissioner.�
���� b.� No later than July 15 of
each school year, the commissioner shall notify school districts and nonpublic
schools of the details concerning the reimbursement process established
pursuant to subsection a. of this section, which details shall include
submission guidelines, accounting and budgeting guidance, documentation
requirements, and defined timelines for reimbursement.� School districts shall
be able to first apply for reimbursement beginning on September 1.�
Notwithstanding the reimbursement process first opening on September 1, a
district shall be able to apply for reimbursement for costs incurred prior to
September 1, provided that the costs are within the applicable maximum per
service aid amounts established pursuant to section 9 of P.L.1977, c.192
(C.18A:46A-9).� Reimbursements shall be made to school districts throughout the
school year until the amount annually appropriated as State aid for services
provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) has been fully
expended in the school year for which the appropriation has been made.
���� 10.� Section 13 of P.L.1977,
c.192 (C.18A:46A-10) is amended to read as follows:
���� 13.� Annually, on or before
November 5, each board shall file a report on the number of such pupils who
have been identified as eligible to receive each auxiliary service as of the
last school day in October.�
The commissioner may require any additional
data collection as may be necessary to ensure that the maximum per service aid
amounts established pursuant to section 9 of P.L.1977, c.192 (C.18A:46A-9) are
reflective of the number of students eligible for each applicable service provided
pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.).
(cf: P.L.1990, c.52, s.66)
���� 11.� Section 18 of P.L.1977,
c.192 (C.18A:46A-15) is amended to read as follows:
���� 18.� In any year, no district
shall be required to make expenditures
for the provision of an auxiliary
service provided
for the purposes of
[
this
act
]
P.L.1977,
c.192 (C.18A:46A-1 et seq.)
in excess of the
maximum per service aid
amount
[
of
State aid received pursuant to this act
]
determined by the commissioner pursuant to section 9 of P.L.1977, c.192
(C.18A:46A-9)
for that year.
(cf: P.L.1977, c.192, s.18)
���� 12.� The following are
repealed:
���� Sections 15 through 17 of
P.L.1977, c.192 (C.18A:46A-12 through C.18A:46A-14); and
���� Section 19 of P.L.1977, c.192
(C.18A:46A-16).
���� 13.� This act shall take
effect immediately and shall first apply to
the first full school year following
the date of enactment.
STATEMENT
����� This bill modifies the laws governing the allocation
of State aid for auxiliary services and remedial services to nonpublic school
students.�
����� The bill specifically requires the Commissioner of
Education to establish a process by which school districts are to be reimbursed
for costs that are incurred to provide auxiliary and remedial services for
eligible nonpublic school students.� Pursuant to the bill, school districts are
to be reimbursed for costs within the limits of applicable maximum per service
aid amounts, as established by the commissioner.� The maximum per service aid
amounts are to be determined by dividing the amount annually appropriated to
provide auxiliary and remedial services in the annual appropriations act by the
average number of documented services delivered in the prior three school
years.� In the second full school year following the date of enactment of the
bill and every third school year thereafter, the commissioner is required to
conduct a survey, which would collect from service providers information as the
commissioner deems necessary to calculate the average and range of costs
incurred to provide services.� The commissioner is required to report the
findings of the survey to the Governor and the Legislature and use the report
to inform recommendations on the annual appropriations to provide auxiliary and
remedial services.
����� In distributing State aid for auxiliary and remedial
services, the commissioner is required to ensure that, to the greatest extent
possible, the amounts annually appropriated for auxiliary services and remedial
services are fully exhausted by the end of the school year for which the
maximum amounts are established, and that the amounts appropriated are
equitably distributed among school districts applying for reimbursement.� To
the extent permitted by federal law, the commissioner may establish limits on the
duration and frequency of certain auxiliary and remedial services in order to
ensure that the greatest number of eligible students are provided services
throughout the school year and that, to the greatest extent possible, the
amount annually appropriated for the services is available to reimburse school
districts during the entirety of the school year.�
����� The reimbursement process to be implemented by the
commissioner pursuant to the bill would permit school districts to apply
quarterly for reimbursement payments.� The details of the reimbursement process
are to be annually announced on July 15 of the school year, and districts can
begin submitting for reimbursement on September 1.� Reimbursements are to be
made to school districts throughout the school year until the full amount
annually appropriated as State aid for nonpublic school auxiliary and remedial
services has been fully expended.
����� School districts seeking reimbursement under the bill
are required to submit applications on a quarterly basis and adhere to all
established submission guidelines, accounting and budgeting guidance,
documentation requirements, and defined timelines for reimbursement.�
����� In order to ensure the full reimbursement of eligible
costs, the bill also removes provisions of law setting forth the calculation of
both categories of aid.� Under current law, State aid allotments for an
upcoming school year are calculated by multiplying the applicable per pupil
service cost by the number of students who were previously identified as
eligible to receive each service.�
����� The bill also removes sections of current law that:
(1) require school districts to refund unexpended State aid for nonpublic
auxiliary and remedial services; and (2) require the commissioner to prorate
State nonpublic auxiliary and remedial services aid amounts downward, in the
event that the amount of State aid appropriated for those purposes is
insufficient.