S3916

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 student 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 student’s response to scientific, research-based intervention;

(2) permit the use of other alternative research-based procedures; and

(3) effective in the fourth full school year following the date of enactment of this act, prohibit the use of a severe discrepancy between intellectual ability and achievement for determining whether a student has a specific learning disability.

b. With 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. 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 student has a specific learning disability that are consistent with the provisions of this section.

2. This act shall take effect immediately.

STATEMENT

This bill establishes requirements concerning the methods used to determine whether a student has a specific learning disability under the federal “Individuals with Disabilities Education Act” (IDEA), 20 U.S.C. s.1400 et seq.

Under the IDEA, states that receive federal special education funding are required to implement procedures for the identification and evaluation of students with disabilities who require special education and related services. Federal regulations implementing the IDEA at 34 C.F.R. s.300.307 provide that a state’s criteria for determining whether a student has a specific learning disability: (1) is not to require the use of a severe discrepancy between intellectual ability and achievement; (2) is to permit the use of a process based on the student’s response to scientific, research-based intervention; and (3) may permit the use of other alternative research-based procedures.

However, the State Board of Education regulations at N.J.A.C.6A:14-3.5(c)12 only permit school districts to use two methodologies for determining whether a student has a specific learning disability under the IDEA: (1) a severe discrepancy between achievement and intellectual ability; and (2) use of a response to scientifically based interventions methodology.

The bill requires the State to include the third approach permitted under federal IDEA regulations, and permits the use of other alternative research-based procedures for determining whether a student has a specific learning disability. Adoption of the third method of specific learning disability identification allows school districts to use identification procedures that are consistent with core research principles.

Additionally, effective in the fourth full school year following the date of enactment, the bill prohibits the use of a severe discrepancy between a student’s intellectual ability and achievement in determining whether the student has a specific learning disability. The use of severe discrepancy criteria has a long-standing history of controversy and criticism, with many experts believing that the practice should no longer be allowed.

The bill prohibits a board of education from using 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. Also under the bill, a board of education is to 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.

This bill also directs the State Board of Education to promulgate regulations to effectuate the provisions of this bill.