Bill Text: NJ S2256 | 2022-2023 | Regular Session | Amended
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 2-0)
Status: (Engrossed - Dead) 2022-11-21 - Received in the Assembly, Referred to Assembly Education Committee [S2256 Detail]
Download: New_Jersey-2022-S2256-Amended.html
[Second Reprint]
SENATE, No. 2256
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED MARCH 8, 2022
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
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 amended by the Senate on October 17, 2022.
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 procedures1 including, but not limited to, patterns of strengths and weaknesses, or case studies1; and
(3) effective 2[July 1, 1[2023] 20241] in the fourth full school year following the date of enactment of this act2, 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.
