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S3645 • 2026

Prohibits twice exceptional students from being denied special education and related services due to average academic performance.

Prohibits twice exceptional students from being denied special education and related services due to average academic performance.

Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Greenstein, Linda R.
Last action
2026-02-24
Official status
Introduced in the Senate, Referred to Senate Education Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Prohibits twice exceptional students from being denied special education and related services due to average academic performance.

Prohibits twice exceptional students from being denied special education and related services due to average academic performance.

What This Bill Does

  • Prohibits twice exceptional students from being denied special education and related services due to average academic performance.
  • Topic: Education Fiscal note: This bill has not been certified by OLS for a fiscal note.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-24 New Jersey Legislature

    Introduced in the Senate, Referred to Senate Education Committee

Official Summary Text

Prohibits twice exceptional students from being denied special education and related services due to average academic performance.
Topic:
Education
Fiscal note:
This bill has not been certified by OLS for a fiscal note.

Current Bill Text

Read the full stored bill text 
S3645

SENATE, No. 3645

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Senator� LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Prohibits twice exceptional students from being
denied special education and related services due to average academic
performance.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
eligibility of twice exceptional students for special education and related
services 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 evaluation,
determination of eligibility for special education and related services
pursuant to chapter 46 of Title 18A of the New Jersey Statutes, and, if
eligible, development and implementation of a twice exceptional student�s
individualized education program shall not be denied due to the average
academic performance of the student.

���� b.��� A school district shall
provide information to parents and guardians to educate them on the available
options for obtaining special education and related services for a twice
exceptional student.

���� c.���� As used in this act,
�twice exceptional student� means a student:

���� (1)�� who shows the potential
for performing at an above average level of academic performance when compared
to peers in the same grade level; and

���� (2)�� who has one or more
disabilities as defined by federal or State eligibility criteria for special
education and related services.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� 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.