Bill > A5909

Introduced Session

This bill prohibits the denial of special education and related services due to the average academic performance of a twice exceptional student. The bill would also require school districts to provide information and communication strategies for parents and guardians to educate them on the available options for obtaining special education and related services for a twice exceptional student. Twice exceptional students are students who show the potential to perform at above average levels of academic achievement when compared to peers in the same grade level while also having one or more disabilities impacting their ability to learn. For such students, average performance may be evidence of the disability's impact and may indicate that the student requires special education and related services. For this reason, average academic performance in the case of a twice exceptional student cannot be the basis for a school district to deny evaluations or refuse to find eligibility for special education and related services. Refusing to find twice exceptional students eligible based on average performance when a discrepancy is evidenced between performance and ability denies them access to the appropriately ambitious program in the public school system that is required pursuant to the United States Supreme Court's decision in Endrew F. v. Douglas County School District. By prohibiting the denial of twice exceptional students from special education and related services and providing parents and legal guardians the information they need to obtain necessary services for their twice exceptional student, the State can ensure that these students receive a public school education that meets their unique needs.

AI Summary

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Linda Carter (D)*,  Sterley Stanley (D)*, 

Introduced, Referred to Assembly Education Committee (on 06/21/2021)