Increasing the dialogue among stakeholders in New Jersey’s special education system

This spring, the New Jersey Senate Education Committee advanced legislation to establish new State requirements on how to determine whether a student has a Specific Learning Disability (SLD) under IDEA. The bill, S-1812, prohibits the use of a ‘severe discrepancy model’, which compares a student’s intellectual ability with their achievement in order to determine whether a student has a specific learning disability.

IDEA allows states to use three methods for identifying whether a student has a Specific Learning Disability: First, states must not require districts to use a ‘severe discrepancy’ approach; second, states must allow districts to use a process based on the student’s response to scientific, research-based intervention (known at Response to Intervention, or RTI); and third, states may allow the use of other alternative research-based procedures.

Currently, New Jersey regulations only allow school districts to use the first two methodologies: a severe discrepancy or RTI.

New regulations would allow districts to use either a process based on a student’s response to scientific, research-based intervention or other alternative research-based methods.

This bill will give school districts the flexibility needed to implement proven procedures that most benefit New Jersey students.