New Jersey A 3813: Permits board of education to accept donations for purpose of providing property tax relief.

Bill Text

A3813 

ASSEMBLY, No. 3813 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman AURA K. DUNN

District 25 (Morris and Passaic)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Provides for direct State payment of cost of special 
education and related services for certain students.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning payment for the costs of certain special 
education students, supplementing chapter 46 of Title 18A of the New Jersey 
Statutes, and amending P.L.2007, c.260 and P.L.2003, c.113.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� (New section) Sections 1 
through 10 of 
P.L. , c. (C. ) 
(pending before the Legislature as this bill) shall be known and may be cited 
as the �Fairness in Special Education Funding for Student Success Act.�

���� 2.��� (New section)� The 
Legislature finds and declares that:

���� a.���� The federal 
�Individuals with Disabilities Education Act� (IDEA), 20 U.S.C. s.1400 et seq., 
guarantees that a student with a disability will have access to a free 
appropriate public education in the least restrictive environment possible 
given the child�s individual needs.

���� b.��� The federal government 
provides funding to states and school districts to offset the additional costs 
that school districts inevitably incur when providing special education and 
related services to these students.� The IDEA gives the Secretary of the United 
States Department of Education the authority to provide states and school 
districts with grants in an amount up to 40 percent of these excess costs.

���� c.���� Historically, the 
federal government has failed to appropriate sufficient resources to provide 
states and school districts with the maximum amount of funding authorized under 
the IDEA.� In recent years, federal appropriations have provided for less than 20 
percent of the excess costs incurred in educating students with disabilities.

���� d.��� Similarly, State support 
for special education has consistently fallen short of promises made.� Despite 
State law mandating that school districts be reimbursed for a portion of the 
cost of educating particularly high-cost special education students, the State�s 
appropriations acts have consistently failed to provide funding sufficient to 
provide for the full reimbursement established under that statute.

���� e.���� While federal and State 
government have failed to provide resources for the provision of special 
education services in the manner that has been promised over the years, school 
districts continue to be responsible for educating all students with disabilities 
so that they may reach their full potential and live successful and fulfilling 
lives.� In meeting this obligation, school districts are often forced to make 
unconscionable choices between

special education programs and the 
services provided to other students.

���� f.���� It is time for the 
State of New Jersey to finally meet its obligations to students with 
disabilities and their families by providing greater resources to ensure that 
they all have access to the free appropriate public education required under 
federal law.� At the same time, the State must provide adequate oversight to 
guarantee that these students are educated in the least restrictive environment 
so that they may have the greatest opportunity to learn and grow with their 
peers.

���� g.��� The most effective means 
to accomplish this goal is for the State to assume the responsibility for 
entering into contracts with, and making payments to, providers of special 
education and related services to students with disabilities who require the 
most expensive services.� Such a system would provide a substantial increase in 
State financial support for school districts to meet their obligations, provide 
actionable information and transparency regarding both quality and cost 
effectiveness of providers across the entire spectrum of placements and 
maintain equity in the provision of these services throughout the State.

���� 3.��� (New section)� As used 
in sections 1 through 10 of 
P.L. , c. (C. ) 
(pending before the Legislature as this bill):

���� �Final contract cost� means an 
amount not to exceed the actual cost of providing the special education and 
related services to a student with a disability that are detailed in the 
student�s Individualized Education Program.� This amount shall not exceed the 
certified tuition rate.� The final contract cost shall also include related 
services such as home-based services or after school programming that is being 
provided by other entities.� In the case of a provider that is the school 
district in which the student with a disability resides, the final contract 
cost shall be determined by a calculation completed in a manner consistent with