Bill Text: NJ A4670 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes requirements concerning methods for determining whether child has specific learning disability under federal Individuals with Disabilities Education Act.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-09-17 - Introduced, Referred to Assembly Education Committee [A4670 Detail]
Download: New_Jersey-2020-A4670-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Establishes requirements concerning methods for determining whether child has specific learning disability under federal Individuals with Disabilities Education Act.
CURRENT VERSION OF TEXT
As introduced.
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 child 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 child's response to scientific, research-based intervention;
(2) permit the use of other alternative research-based procedures; and
(3) effective July 1, 2023, prohibit the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability.
b. 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 child 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 child 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 children 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 child has a specific learning disability: (1) must not require the use of a severe discrepancy between intellectual ability and achievement; (2) must permit the use of a process based on the child'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 child 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.
This bill requires the State to include the third approach under federal IDEA regulations and permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability. Adoption of this method of specific learning disability identification will allow school districts to use identification procedures that are consistent with core research principles.
Additionally, effective July 1, 2023, this bill prohibits the use of a severe discrepancy between a child's intellectual ability and achievement in determining whether the child 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 also directs the State Board of Education to promulgate regulations to effectuate the provisions of this bill.
