Official Site of The State of New Jersey
About Special Education Determinations
The Individuals with Disabilities Education Act (IDEA) Part B regulations, § 300.600(a)(2), require states to make determinations annually about the performance of each local education agency (LEA), using the categories meets requirements, needs assistance, needs intervention, and needs substantial intervention (§ 300.603(b)(1)). The Office of Special Education and Rehabilitative Services (USOSERS) 2009 memo, Questions and Answers on Monitoring, Technical Assistance, and Enforcement, provides further details on factors states must consider when making LEA determinations, including:
- performance on State Performance Plan/Annual Performance Report (SPP/APR) compliance indicators;
- valid and reliable data;
- correction of identified noncompliance, and
- other data or components available to the state regarding the LEA’s compliance with the IDEA, including relevant audit findings.
States may also include other information they deem relevant to LEA determinations aside from SPP/APR indicators. The Office of Special Education (OSE), in alignment with the requirements of the United States Office of Special Education (USOSEP) determinations, will use the following factors listed below. Components are described as indicators or factors that are reflected in the FY2022 determinations matrix. Points allocated are based on current FY2022 results.
Data Suppression
As part of the public reporting, you may see data that is suppressed, or “blank”. Data suppression rules govern how certain information, such as demographic data or student performance data, is handled and reported to ensure compliance with privacy laws like the Family Educational Rights and Privacy Act (FERPA). However, district administrators can access their unsuppressed data through the Homeroom application.
About Factor 1: Significant Discrepancy in Discipline
This factor measures compliance with requirements related to suspension and expulsion for students with disabilities, by race or ethnicity. Discrepancy is calculated by comparing the rates of suspensions and expulsions for children with IEPs to rates for nondisabled children within the LEA and/or by comparing the rates of suspensions and expulsions for children with IEPs among LEAs within the State. New Jersey identifies a minimum number of children to be included in the analysis, called the minimum n-size or the minimum cell size. Should a district not meet the minimum n-size or the minimum cell size, they will receive 'not applicable' (i.e. n/a) for the calculation. For Indicator 4b, the results measure the LEA's policies, procedures, or practices that contribute to the significant discrepancy and do not comply with requirements relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards.
Additional Guidance
- Overview of Equity in IDEA (IDEA Data Center)
- Q&A: Addressing the Needs of Children with Disabilities and IDEAs Discipline Provisions (USED)
- Overview of Student Conduct Regulatory Guidance (NJDOE)
- Back-to Basics - What You Need to Know about Indicator 4B (IDEA Data Center)
- Decisions, Decisions, Decisions… Winding your way through the indicator 4 decisions journey (IDEA Data Center)
Resources
- Ensuring Equity Resources (IDEA Data Center)
- Success Gaps Toolkit (IDEA Data Center)
- Discipline and Disproportionality (NYU's Metropolitan Center for Research on Equity and the Transformation of Schools)
- New Jersey Positive Behavior Supports in Schools (NJPBSIS)
About Factor 2: Significant Disproportionality
The following measures are included as part of Factor 2:
- Indicator 9: Disproportionate Representation - Percent of districts with disproportionate representation of certain racial/ethnic groups in special education and related services resulting from inappropriate identification.
- Indicator 10: Disproportionate Representation in Specific Disability Categories- Percent of districts with disproportionate representation of certain racial/ethnic groups in specific disability categories due to inappropriate identification.
The NJDOE uses the same calculation to identify significant disproportionality as it does to identify LEAs for disproportionate representation (i.e., Indicators 9 and 10). Disproportionate representation is defined as a risk ratio of 3.0 or higher for three consecutive years. For an LEA to be identified for disproportionate representation it must enroll at least 30 students in the racial/ethnic group and at least 10 children with IEPs in the racial/ethnic group. The risk ratio determines whether children from a specific racial/ethnic group are identified for special education or related services at a greater rate than all other children enrolled in the LEA. LEAs with a risk ratio of 3.0 for a racial/ethnic group for three consecutive years are identified for disproportionate representation.
The impact of significant disproportionality highlights equity gaps that require reflection and crucial adjustments in policy and practices pertaining to evaluation, assessment, discipline, and educational placement and services (NCLD, 2020).
Additional Guidance
- Equity Requirements Under IDEA (PDF version) (IDEA Data Center)
- Overview of Equity in IDEA (IDEA Data Center)
- About Significant Disproportionality Reporting Under IDEA Part B (USED)
- Identifying Disproportionate Representation—A Happy Marriage Between Data and Monitoring! (IDEA Data Center)
Resources
- NJ Optional Data Collection Tool - For LEAs (NJDOE)
- Significant Disproportionality in Special Education: Current Trends and Actions for Impact (NCLD)
- Research-Based Strategies for Addressing Disproportionality in Special Education (WestEd)
- Methods for Assessing Racial/Ethnic Disproportionality in Special Education (IDEA Data Center)
About Factor 3: Child Find
Indicator 11 collects and reports data to determine whether students receive initial evaluations and whether eligibility for special education is determined within the federal timeline or state regulations. In New Jersey, evaluations must be completed, and eligibility must be determined within 90 calendar days from the date of a parent's written consent (unless the reason for delay meets an exception outlined in IDEA (34 CFR 300.301 (d)) and 34 CFR 300.309 (c)).
Indicator 11 ensures that students who are evaluated and found eligible receive special education and related services without unnecessary delay. LEAs must comply with the IDEA, 34 CFR 300.111 and 300.301, and NJ regulations, N.J.A.C. 6A:14-3.4 (e). Evaluations that are not completed within the required timeline may result in a delay or denial of a free and appropriate public education (FAPE).
Additional Guidance
- NJAC 6A:14 - Special Education Administrative Code
- State-Imposed Rules, Regulations and Policies Not Required by IDEA or Federal Regulations (NJDOE, February 2023)
Resources
- IEP Development and Resources (NJDOE)
About Factor 4: Age 3 Transition
Indicator 12 ensures the transition from Early Intervention (Part C) to LEA preschool services (Part B) by the student’s third birthday.
Additional Guidance
- 2023 Early Childhood Transition Questions and Answers - Individuals with Disabilities Education Act
- ECTA Center: Federal Requirements for Transition from Part C to Preschool
- IDEA Part C: Transitions (Including Part C to Part B/Exiting Part C) (asha.org)
Resources
- Designing And Implementing Effective Early Childhood Transition Processes (ECTA) Companion Documents:
- Guidance on Creating an Effective Memorandum of Understanding to Support High-Quality Inclusive Early Childhood Systems
- IDEA Part B Indicator 12 Transition Template: Calculating Data Worksheet
- Training Models (developed by NICHCY at the request of OSEP)
About Factor 5: Age 16 Transition
This factor addresses the percentage of students with IEPs aged 16 and above whose IEPs include the following five factors:
- Appropriate measurable postsecondary goals that are annually updated and based upon an age-appropriate transition assessment;
- Transition services, including courses of study, that will reasonably enable the student to meet postsecondary goals;
- Annual IEP goals related to the student’s transition service needs;
- Evidence that the student was invited to the IEP team meeting where transition services are to be discussed, and
- Evidence that, if appropriate, a representative of any participating agency was invited to the IEP team meeting with the prior consent of the parent or student who has reached the age of majority.
Additional Guidance
- IDEA Regulations Secondary Transitions (USED, 2009)
- Questions and Answers on Secondary Transition (USED, 2009)
- Indicator 13 FAQ and Response (NTACT, 2018)
- The New Jersey Transition Tool Kit (NJDOE)
Resources
- Collaborative Assessment Guide for Transition Planning (NTACT, 2024).
- A Timeline for Students Exiting School and Turning 21 (DOH, 2019)
- Sample Activities and Strategies for Statements of Transitional Servies (NJDOE)
About Factor 6: Alternate Assessment (DLM) Participation Rate
The Every Student Succeeds Act (ESSA) requires that no more than one percent (1%) of the total number of tested students participate in the DLM assessment.
This factor looks at participation rates for each LEA across three content areas: English Language Arts, Math, and Science. The highest rate of participation across each of the three areas for each LEA is used to determine the point allocation relative to the determinations matrix.
- Calculations for ELA and Math are determined by the number of students participating in the Dynamic Learning Maps (DLM) across all grade levels divided by the total test enrollment for all grade levels (3-8, 11) and including students taking both the NJSLA (3-9) and DLM (3-8, 11). Calculations should include students within the district and in out-of-district placements.
- The calculation for Science is determined by the number of students participating in the Dynamic Learning Maps (DLM) across all grade levels (5, 8, and 11) divided by the total test enrollment for all grade levels (5, 8, and 11) and including students taking both the NJSLA (5, 8, and 11) and DLM (5, 8, and 11). Calculations should include students within the district and in out-of-district placements.
Additional Guidance
Resources
About Factor 7: Failure to Address Noncompliance Within 1 Year
The Individuals with Disabilities Education Act (IDEA) requires states to monitor and enforce the Part B requirements, with a primary focus on “…improving educational results and functional outcomes for all children with disabilities, and ensuring that
public agencies meet the program requirements under Part B of the Act, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.” (34 CFR §300.600(b))
General supervision and monitoring of noncompliance will be conducted on an individual basis. USOSEP Memo 23-01 identifies that states must verify that the LEA "...(1) is correctly implementing the specific regulatory requirements (i.e., achieved 100 percent compliance with the relevant IDEA requirements) based on a review of updated data and information, such as data and information subsequently collected through integrated monitoring activities or the State’s data system (systemic compliance); and (2) if applicable, has corrected each individual case of child-specific noncompliance, unless the child is no longer within the jurisdiction of the LEA or provider, and no outstanding corrective action exists under a State complaint or due process hearing decision for the child (child-specific compliance)" (p.19).
LEAs are notified whether they met requirements within one year of notification, in accordance with USOSEP Memo 23-01. These findings are also reflected within Factor 7 of the LEA's determinations.
Additional Guidance and Resources
About Factor 8: Accuracy of NJSMART Submissions
"High-quality data are timely, accurate, and complete. In addition, they are usable, accessible, and secure. Educators and representatives at the local, state, and federal levels use high-quality...special education data to inform their decisions as they work to meet the needs of children and students with disabilities and their families" (IDEA Data Center, 2017).
This factor evaluates the LEA's submission of accurate, complete data via New Jersey's Standards Measurement and Resource for Teaching (NJ SMART) and the Department’s web application portfolio, accessed through Homeroom. The results are monitored remotely. The OSE ensured consistency in measuring data quality by aligning result measurements to that of the NJQSAC manual and processes.
Additional Guidance
- NJSMART Resources and Manual (NJDOE)
- About NJSMART Submissions (Released in 2023)
- About the Special Education Submission (NJDOE)
- NJQSAC: District Performance Review Indicators: Operations (Indicator 1)
Resources
- The Importance of High-Quality Data (IDEA Data Center)
- Working Principles of High-Quality IDEA Data (IDEA Data Center)
- Data Quality Planning and Implementation Checklist (USED's State Support Network)
- LEA Data Processing Toolkit (IDEA Data Center)
- SEA and LEA Edit Check and Data Display Tools (IDEA Data Center)
About Factor 9: IDEA Grant Application Timely Submission
LEAs are responsible for adhering to the timelines and requirements set forth by the New Jersey Department of Education. This factor is monitored remotely and evaluates whether the LEA submitted the IDEA grant application and final expenditure report by the due dates. The report was accepted upon initial submission. The number of revisions was noted as part of the monitoring process and reflected in the results of each determination.
Additional Guidance and Resources
- IDEA Part B Allocations at a Glance (WestEd)
- IDEA Grant Guidelines (NJDOE)
- Local Educational Agency (LEA) Maintenance of Effort (MOE) Organizer – Center for IDEA Fiscal Reporting (WestEd)
- IDEA Allowable Uses Resource Document (NJDOE)
- Applying Exceptions to IDEA Local Educational Agency Maintenance of Effort (WestEd)
- CEIS Fiscal and Student Data Tracker (WestEd)
- LEA MOE Adjustment - Use of Freed-up Funds (WestEd)
Differentiated Supports for Local Determinations
After the LEA Determination Percentage is calculated, LEAs are ordered by rank, and a percentile is calculated. The LEA’s percentile ranking corresponds with an LEA Determination category, placing an LEA into one of four categories as described below. The LEA Determination categories align with those used by the Office of Special Education Programs (OSEP) when evaluating State Education Agencies (SEAs) 34 CFR § 300.603(b).
- Meets Requirements –6th percentile and above
- Needs Assistance – 5th percentile and below
- Needs Intervention – determined on a case-by-case basis
- Needs Substantial Intervention – determined on a case-by-case basis
The OSE maintains a commitment to improving educational achievements and functional outcomes for every student with disabilities while ensuring that local educational agencies fulfill the requirements under Part B of the IDEA. The OSE has designed three Differentiated Levels of Support to meet the needs of LEAs to improve educational results and outcomes for students with disabilities. An explanation of the Differentiated Levels of Support is provided in this section.
For LEAs with the FFY2022 determination of Meets Requirements, the OSE provides Tier 1 Support: Information and Guidance. Within this tier, the OSE aims to equip LEAs with the tools and knowledge necessary to drive positive outcomes and address areas of need effectively. This may include:
- Attending the Office of Special Education’s Summer Learning Institute 2024, sessions addressing and supporting data-driven decision-making;
- Requesting professional development and technical assistance
- Engaging in office hours to access individualized support and guidance, allowing LEAs to seek clarification or discuss specific concerns in a personalized setting, and
Utilizing resource documents provided by the OSE to inform strategic planning, engage stakeholders effectively, and foster a culture of continuous improvement within their organizations.
For LEAs with the FFY2022 determination of Needs Assistance, the OSE provides Tier 2 Support: Assistance and Consultation. Within this tier, LEAs will:
- Be notified via memo with required actions;
- Have access to the information, guidance, and opportunities listed as part of Tier 1 Support: Information and Guidance; and,
- Identify a team to collaborate with OSE staff to identify needs and success gaps relative to the determinations matrix and receive targeted support for improvement.
For LEAs with the FFY2022 determination of Needs Intervention or Substantial Intervention, the OSE will provide Tier 3 Support: Direction and Transformation. The process for tier 3 support is determined on a case-by-case basis. In addition, LEAs will:
- Be notified via memo with required actions
- Have access to the information, guidance, and opportunities listed as part of Tier 1 Support: Information and Guidance.
Note: For FFY2022, LEAs only received Tier 1 and 2 designations.