SENATE, No. 1812
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Senators Corrado, Gopal and Ruiz
SYNOPSIS
Establishes requirements concerning methods for determining whether student has specific learning disability under federal Individuals with Disabilities Education Act.
CURRENT VERSION OF TEXT
As reported by the Senate Education Committee on January 25, 2024, with amendments.
An Act concerning the identification of students with specific learning disabilities and supplementing chapter 46 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The State criteria for determining whether a 1[child] student1 has a specific learning disability under the federal “Individuals with Disabilities Education Act,” 20 U.S.C. s.1400 et seq., shall:
(1) permit the use of a process based on the 1[child’s] student’s1 response to scientific, research-based intervention;
(2) permit the use of other alternative research-based procedures; and
(3) effective 1[July 1, 2023] in the fourth full school year following the date of enactment of this act1, prohibit the use of a severe discrepancy between intellectual ability and achievement for determining whether a 1[child] student1 has a specific learning disability.
b. 1With respect to determining whether a student has a specific learning disability pursuant to subsection a. of this section, a board of education shall not use any single procedure as the sole criterion for determining whether a student has a specific learning disability or for determining an appropriate educational program for the student.
c. With respect to determining whether a student has a specific learning disability pursuant to subsection a. of this section, a board of education shall ensure that the evaluation is sufficiently comprehensive and, at a minimum, includes an assessment of basic psychological processes to identify all of the student’s special education and related services needs given the most current evidence-based research and practice available when making the determination.
d.1 The State Board of Education shall promulgate regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section. The regulations shall permit the use of methodologies for determining whether a 1[child] student1 has a specific learning disability that are consistent with the provisions of this section.
2. This act shall take effect immediately.