Bill > S2526

Introduced Session

The federal "Individuals with Disabilities Education Act" (IDEA), 20 U.S.C. s.1400 et seq., requires states that receive federal special education funding to have in effect procedures to identify and evaluate children with disabilities who are in need of special education and related services. Federal regulations implementing the IDEA at 34 C.F.R. 300.307 provide that a State's criteria for determining whether a child has a specific learning disability under the act: (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. Federal regulations at 34 C.F.R. 300.309 further specify three permissible methods for determining whether a child has a specific learning disability: (1) lack of adequate achievement in certain identified areas; (2) use of a process based on the child's response to scientific research-based intervention; and (3) finding a pattern of strengths and weaknesses in performance or achievement. New Jersey State Board of Education regulations at N.J.A.C.6A:14-3.5(c)12 currently 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 also permit a school district to utilize the third approach permitted under federal IDEA regulations, which examines whether the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the eligibility group to be relevant to the identification of a specific learning disability, using appropriate assessments. The bill also directs the State Board of Education to promulgate regulations accordingly.

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Kristin Corrado (R)*,  Teresa Ruiz (D)*,  Nellie Pou (D),  Shirley Turner (D), 

Received in the Assembly, Referred to Assembly Human Services Committee (on 06/11/2018)