Establishes "Students with Communication Disabilities' Bill of Rights."

A210

ASSEMBLY, No. 210

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Inganamort

SYNOPSIS

���� Establishes "Students with Communication
Disabilities' Bill of Rights."

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the rights of students with communication
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.��� This act shall be known
and may be cited as the �Students with Communication Disabilities� Bill of
Rights Act.�

���� 2.��� The Legislature finds
and declares that:

���� a.���� Title II of the
"Americans with Disabilities Act of 1990," 42 U.S.C. s.12101 et seq.,
requires schools to provide appropriate auxiliary aids and services to ensure
effective communication for students with communication disabilities, which may
include hearing, vision, or speech impairments.� These aids and services are
required to be tailored to the specific nature, length, complexity, and context
of the communication, taking into account the student�s preferred communication
methods.

���� b.��� There is a critical need
for school districts to ensure effective communication, and provide appropriate
support services in these students� primary and preferred method of
communication, so that the impact of a communication disability may be
minimized, and so that affected students can grow into productive, contributing
adult citizens.

���� c.���� Students with communication
disabilities utilize different methods of communication which may include, but
are not limited to: gestures; augmentative and alternative communication (AAC) systems,
communication boards, speech-generating devices, symbol cards, bands, or devices;
letter boards; American Sign Language; and typing or pointing to letters to
communicate.� Assistive technology devices and services, as defined in federal
regulations at 34 C.F.R. ss.300.5 and 300.6, are used to increase, maintain, or
improve the functional capabilities of a child with a disability.

���� d.��� For many students with a
communication disability, an assistant trained in a student�s primary and
preferred method of communication is vital for assistance in using these alternative
means of communication.

���� e.���� Students with
communication disabilities are entitled to receive support services from their
school districts using their primary and preferred method of communication in
accordance with Title II of the "Americans with Disabilities Act of
1990," 42 U.S.C. s.12101 et seq.

���� f.���� Denial of a student�s
primary and preferred method of communication inhibits a student's access to a
free and appropriate education and a student�s opportunity to fully participate
in the State�s public schools.�

���� g.��� The Legislature
recognizes that students with communication disabilities have the same rights
and potential as students without communication disabilities.� Therefore, the
Legislature recognizes the need for a �Students with Communication
Disabilities� Bill of Rights.�

���� 3.��� a. School districts
shall provide students with communication disabilities appropriate screening
and assessment of communication and language needs at the earliest possible age
and the continuation of screening and evaluation services throughout the
educational experience.

���� b.��� School districts shall
provide students with communication disabilities with individualized and
appropriate early intervention to support effective communication at the
earliest possible age.

���� c.���� School districts shall
provide direct instruction to students with communication disabilities.�

���� d.��� School districts shall
provide students with communication disabilities with an assistant trained in a
student�s augmentative and alternative communication (AAC) system.

���� e.���� School districts shall
provide students with communication disabilities with individual considerations
for free, appropriate education across a continuum of options required by State
and federal law.

���� f.���� School districts shall
include a communication plan focusing on the student�s primary and preferred
method of communication in the Individualized Education Program of a student
with a communication disability, and in the educational plan prepared pursuant
to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. s.794 for a student
with a communication disability.

���� g.��� School districts shall
provide students with communication disabilities with full support services
provided by trained assistants in their educational settings using the
student�s primary and preferred method of communication.� The Department of
Education through the coordinator for educational programs shall work with
school districts to ensure technical assistance is available to support boards
of education in meeting the needs of students with communication disabilities.�
As used in this subsection, �technical assistance� means guidance and support
provided to a school district to enable the school district to meet State and
federal policy and regulatory requirements and to ensure the provision of a
thorough and efficient education.

���� h.��� School districts shall
provide students with communication disabilities with full access to all
programs in their educational settings including, but not limited to,
extracurricular activities, recess, lunch, media showings, driver education,
and public announcements.�

���� i.���� School districts shall
ensure that parents and guardians of students with communication disabilities
receive information from trained assistants on the linguistic issues of
individuals with communication disabilities.

���� 4.��� Nothing in this act
shall be construed to give any greater rights or protections than can be found
under Title II of the "Americans with Disabilities Act of 1990," 42
U.S.C. s.12101 et seq., the �Individuals with Disabilities Education Act,� 20 U.S.C.
s.1400 et seq., section 504 of the federal �Rehabilitation Act of 1973,� 29
U.S.C. s.794, or any other State or federal law.

���� 5.��� This act shall take
effect on the first day of the second month next following the date of
enactment.

STATEMENT

���� This bill creates the
�Students with Communication Disabilities� Bill of Rights,� which requires
school districts to recognize the rights of students with communication
disabilities.�

���� Title II of the
"Americans with Disabilities Act of 1990" requires schools to provide
appropriate auxiliary aids and services to ensure effective communication for
students who have a communication disability, which may include hearing,
vision, or speech impairments. �These aids and services are required to be
tailored to the specific nature, length, complexity, and context of the
communication, taking into account the student�s preferred communication
methods. �

���� For many students with communication
disabilities, an assistant trained in a student�s primary and preferred method
of communication is vital for assistance in using alternative means of
communication such as gestures; augmentative and alternative communication
(AAC) systems, communication boards, speech-generating devices, symbol cards,
bands, or devices; letter boards; American Sign Language; and typing or
pointing to letters to communicate.� Denial of a student�s primary and preferred
method of communication inhibits a student's access to a free and appropriate
education a student�s opportunity to fully participate in the State�s public
schools.

���� Specifically, this bill
requires school districts to provide students with communication disabilities
or the students� parent or guardians with:

�

access to appropriate screening and assessment of communication
and language needs at the earliest possible age and the continuation of
screening and evaluation services throughout the educational experience;

�

individualized and appropriate early intervention to support
effective communication at the earliest possible age;

�

direct instruction;

�

a trained assistant in the student's primary and preferred method
of communication;

�

individual considerations for free, appropriate education across
a continuum of options required by State and federal law;

�

a communication plan focusing on the student�s primary and preferred
method of communication in the student�s Individualized Education Program and
504 plan;

�

full support services provided by trained assistants in their
educational settings using the student�s primary and preferred method of
communication.� The Department of Education through the coordinator for
educational programs is to work with school districts to ensure technical
assistance is available to support boards of education in meeting the needs of
students with communication disabilities;

�

full access to all programs in their educational settings,
including extracurricular activities, recess, lunch, media showings, driver
education, and public announcements; and

�

information from trained assistants on the linguistic issues of
individuals with communication disabilities.

���� The bill should not be
construed to give any greater rights or protections than found under State or federal
law. �