18A:46A-9 Apportionment of State aid; calculation.
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/nj/title-18a/chapter-46a/18a-46a-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
9.
(1)The allocation of State aid to local school districts for services provided pursuant to P.L.1977, c.192 (C.18A:46A-1 et seq.) shall be determined by the commissioner 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.2025, c.252 (C.18A:46A-9.1). 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.2025, c.252 (C.18A:46-19.8a et al.) 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.2025, c.252 (C.18A:46A-9.1). 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.2025, c.252 (C.18A:46A-9.1).
a. (Deleted by amendment, P.L.2025, c.252)
b. (Deleted by amendment, P.L.2025, c.252)
c. (Deleted by amendment, P.L.2025, c.252)
Amended 1984, c.122, s.3; 1990, c.52, s.65; 1991, c.128, s.3; 1996, c.138, s.78; 2007, c.260, s.74; 2025, c.252, s.8.