State will begin to fund

more special ed. costs

Local administrators

appreciate law that

will provide extra aid

Legislation that is expected to help local school districts fund a portion of their special education needs was recently signed into law.

The New Jersey School Boards Association (NJSBA) praised former acting Gov. Donald T. DiFrancesco for signing legislation that will boost the state’s commitment to special education without requiring additional state spending during fiscal year 2002-03.

The bill, which becomes effective at the start of the 2003-04 school year, ultimately will provide state funds to local school districts for all special education costs in excess of $40,000 per pupil. According to a press release from the NJSBA, these costs usually reflect the placement of students in facilities outside the district as a result of state and/or federal requirements or court orders.

An NJSBA report issued in 2000 showed that the cost of out-of-district special education placements can exceed $100,000 per pupil and, in some cases, is above $200,000 per student. The vast majority of those costs are borne by local property taxpayers.

"The special education funding act will be remembered as one of the major legacies of the DiFrancesco administration, which never lost sight of the education and health needs of New Jersey’s children," said Edwina M. Lee, NJSBA executive director.

Under the legislation, the new state funding will be phased in over a three-year period, beginning with the 2003-04 budget year. The state will provide the increased funding according to the following schedule:

• 2003-04 — 60 percent of any costs in excess of $40,000 per pupil and up to $60,000.

• 2004-05 — 70 percent of any costs in excess of $60,000 and up to $80,000.

• 2005-06 — 80 percent of any costs in excess of $80,000.

• 2006-07 and afterward — 100 percent of special education costs in excess of $40,000.

Because of the state’s pending fiscal crisis, the bill was languishing in the Legislature and was likely to die on the vine when the legislative term ended on Jan. 8, according to the NJSBA, which asked the sponsors to amend it so there would be no immediate fiscal impact.

With the amendment, the legislation gained final approval. Up to now, school boards had limited opportunity for financial relief from extraordinary special education costs. School district administrators could appeal to the state when special education costs for a student exceeded $40,000, but not all districts were granted relief and, often, amounts granted represented only partial reimbursement.

For example, the state Department of Education reports that it received 2,276 applications for additional funds in 2000-01 to assist with extraordinary special education costs. The applications totaled $33.1 million. Of that amount, only $14.9 million was provided to local school districts, according to the NJSBA.

"The legislation will help districts that, too often, have been forced to make cuts in other parts of their budgets to comply with state and federal special education requirements," said Lee.

Commenting on the legislation, Freehold Regional High School District Superinten-dent of Schools James Wasser said, "In a district such as Freehold Regional, with six high schools, this legislation will provide financial relief and benefit all of our students and our local taxpayers, too."

Wasser said state and federal education laws mandate that schools provide for special education students until the age of 21, in the case of out-of-district placements.

"These costs often put a tremendous strain on our budget and require that we cut expenditures in our regular education program," said the superintendent.

Wasser said the Freehold Regional High School District conducts comprehensive special education classes in all six high schools.

"Our student population includes many youngsters with serious hearing and visual impairments, and others with medically complex needs," said Wasser. "But for those who must be educated out of district, these costs rightfully belong to the state, and we are grateful to former acting Gov. DiFrancesco for signing this bill and providing local relief."

Lakewood Superintendent of Schools Dr. Ernest Cannava said he expects the legislation to help Lakewood, which sends a number of students to out-of-district placements and has seen its special education budget rise dramatically in recent years.

"The average out-of-district placement runs between $30,000 and $40,000 per student," Cannava said. "When you factor in other costs such as a personal aide or additional therapy the student may need, the cost for an individual can certainly exceed $40,000."

In Monmouth County’s Manalapan-Englishtown Regional School District, Board of Education President James Mumolie said, "I believe that under the fiscal constraints that are perceived to be happening in Trenton and Washington, this is at least a noble effort on the part of the state, but it still falls short by what is mandated by the state and the federal governments for the taxpayers to provide in the district."

Martin Spindel, a member of the Manalapan-Englishtown Regional School District Board of Education, said, "This is something that is long overdue. The legislators are finally understanding that when you tell people to do something and you mandate it, you have to help pay the costs."

Robert Klein, director of special services in the Marlboro school district, said, "I think it’s a good idea for the state to pay the extraordinary costs related to the most expensive (out-of-district) placements. Districts have few choices in placing some students and the costs of these placements can have a significant impact on a district’s budget. The state picking up a portion of these costs spreads the burden out throughout the state so that no individual district is as significantly impacted."

Greater Media Newspapers staff writers Dave Benjamin and Mark Rosman contributed to this story.