Establishes requirements concerning methods for determining whether student has specific learning disability under federal Individuals with Disabilities Education Act.

S3916

SENATE, No. 3916

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 12, 2026

Sponsored by:

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Establishes requirements concerning methods for
determining whether student has specific learning disability under federal
Individuals with Disabilities Education Act.

CURRENT VERSION OF TEXT

���� As introduced.

��

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 student 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 student�s response to scientific, research-based
intervention;

���� (2)�� permit the use of other
alternative research-based procedures; and

���� (3)�� effective in the fourth
full school year following the date of enactment of this act, prohibit the use
of a severe discrepancy between intellectual ability and achievement for
determining whether a student has a specific learning disability.

���� b.��� With 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.� 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 student has a specific learning
disability that are consistent with the provisions of this section.

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

STATEMENT

���� This bill establishes
requirements concerning the methods used to determine whether a student has a
specific learning disability under the federal �Individuals with Disabilities
Education Act� (IDEA), 20 U.S.C. s.1400 et seq.

���� Under the IDEA, states that
receive federal special education funding are required to implement procedures
for the identification and evaluation of students with disabilities who require
special education and related services.� Federal regulations implementing the
IDEA at 34 C.F.R. s.300.307 provide that a state�s criteria for determining
whether a student has a specific learning disability: (1) is not to require the
use of a severe discrepancy between intellectual ability and achievement; (2)
is to permit the use of a process based on the student�s response to
scientific, research-based intervention; and (3) may permit the use of other
alternative research-based procedures.

���� However, the State Board of
Education regulations at N.J.A.C.6A:14-3.5(c)12 only permit school districts to
use two methodologies for determining whether a student 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.

���� The bill requires the State to
include the third approach permitted under federal IDEA regulations, and
permits the use of other alternative research-based procedures for determining
whether a student has a specific learning disability.� Adoption of the third
method of specific learning disability identification allows school districts
to use identification procedures that are consistent with core research
principles.�

���� Additionally, effective in the
fourth full school year following the date of enactment, the bill prohibits the
use of a severe discrepancy between a student�s intellectual ability and
achievement in determining whether the student has a specific learning
disability.� The use of severe discrepancy criteria has a long-standing history
of controversy and criticism, with many experts believing that the practice
should no longer be allowed.

���� The bill prohibits a board of
education from using 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.� Also under the bill, a board
of education is to 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.

���� This bill also directs the
State Board of Education to promulgate regulations to effectuate the provisions
of this bill.