SJR21

A Joint Resolution urging the President and Congress to include substance use disorder as a disability qualifying a child for special education programs and services under federal law.

Whereas, Substance use disorders, according to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), occur when the recurrent use of alcohol or drugs, or both, causes clinically and functionally significant impairment, such as health problems, disability, and failure to meet major responsibilities at work, school, or home; and

Whereas, According to the 2014 National Survey on Drug Use and Health conducted by the Substance Abuse and Mental Health Services Administration (SAMHSA), a division within the United States Department of Health and Human Services, an estimated 1.3 million United States adolescents, ages 12 to 17, had a substance use disorder in 2014, representing 5 percent or about 1 in 20 of all adolescents; and

Whereas, Exposure to alcohol and drugs, especially during the vulnerable period of adolescent development, can lead to acute cognitive difficulties. These cognitive problems make it more difficult to function academically. Recent research has identified areas of the brain involved in learning and memory that are affected adversely by alcohol consumption; and

Whereas, Substance-using students compared with non-users, are at increased risk for academic failure, including dropping out of school, especially when their substance use is frequent and severe. Studies utilizing longitudinal designs have shown that even after statistical adjustment for problem behaviors and other important co-factors, substance use plays a role in increasing the risk for dropping out of high school; and

Whereas, High school dropout rates have been a concern for more than two decades, and although some progress has been made, the problem still commands the attention of policymakers at State and federal levels. Policymakers have recognized the severity of the dropout crisis and its ramifications for securing America’s global competitiveness; and

Whereas, The Office of Safe and Drug-Free Schools in the United States Department of Education and other federal partners held two consultative sessions in 2010 to gain a better understanding of the challenges and opportunities related to supporting youth in recovery in educational settings. The consultative session participants represented a range of perspectives; and

Whereas, Even with this diversity of perspectives, the consultative session participants reached a strong consensus regarding the necessary steps for improving youth recovery services and supports in educational settings including recommendations that substance abuse/substance dependence diagnoses be recognized as primary disabling conditions under the “Individuals with Disabilities Education Act” (IDEA), 20 U.S.C. s.1400 et seq., and that youth with substance abuse/substance dependence diagnoses receive all services under the IDEA, including Individual Education Plans (IEPs); and

Whereas, The IDEA is a federal statute which gives children with certain disabilities who are between the ages of 3 and 21 the right to special education programs and services; and

Whereas, Pursuant to the IDEA, federal funds are provided to states for special education programs and services, and each state educational agency is responsible for administering the IDEA within the state and distributing those funds; and

Whereas, The purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living”; and

Whereas, The IDEA lists and defines a number of disabilities that qualify a child as a child with an educational disability under the act; and

Whereas, Substance use disorder, however, is not one of the listed disabilities under the IDEA, despite its prevalence among our adolescents and the adverse effect it has on their school performance; and

Whereas, An amendment to the IDEA specifying “substance use disorder” as a disability under the act is critically necessary in order to enable children with this disorder to have access to special education programs and services that are vital to addressing their educational needs; now, therefore,

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

1. The President and Congress of the United States are respectfully urged to enact legislation amending the “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., to include “substance use disorder” as one of the disabilities that qualify a child as a “child with a disability” under the act.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the President of the United States, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, each member of Congress elected from this State, and the Secretary of the Department of Health and Human Services.

3. This joint resolution shall take effect immediately.

STATEMENT

This joint resolution respectfully urges the President and the Congress of the United States to enact legislation amending the “Individuals with Disabilities Education Act” (IDEA), 20 U.S.C. s.1400 et seq., to include “substance use disorder” as one of the disabilities that qualify a child as a “child with a disability” under the act. As a “child with a disability,” a student with substance use disorder will be eligible for special education programs and services under the act.

National surveys have documented the extent of the serious problem of substance use disorder among our nation’s adolescents. This disorder can have a devastating effect on a child’s educational performance. Despite this fact, the IDEA does not include substance use disorder in the list of disabilities that qualify a child as a child with an educational disability under the act. Inclusion of this disorder under the IDEA would allow children with substance use disorder to be eligible for the special education programs and services that can be so vital for their educational success.