Bill Text: NJ A1373 | 2022-2023 | Regular Session | Introduced
Bill Title: Permits special education students and bilingual education students to repeat prior year grade level during 2020-2021 school year upon parental request.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Education Committee [A1373 Detail]
Download: New_Jersey-2022-A1373-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Permits special education students and bilingual education students to repeat prior year grade level during 2020-2021 school year upon parental request.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the voluntary grade retention of certain students during the 2020-2021 school year.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any other law to the contrary, during the 2020-2021 school year, a special education student or bilingual education student shall be permitted to repeat the same grade level in which the student was enrolled during the 2019-2020 school year, provided that the parent, guardian, or other person having legal custody of the student submits a written request of grade retention, in accordance with subsection b. of this section, before September 1, 2020.
b. (1) The parent, guardian, or other person having legal custody of a special education student or bilingual education student shall submit the written request of grade retention to the superintendent of the school district of residence.
(2) When the parent, guardian, or other person having legal custody of a special education student or bilingual education student submits a written request of grade retention to the superintendent of the school district of residence, and the student will attend a school outside of the school district of residence during the 2020-2021 school year, the superintendent of the school district of residence shall transmit the written request, as soon as practicable, to the superintendent or other chief administrative officer of the school of attendance.
c. Nothing in this section shall be construed to limit the rights afforded to a special education student under the federal "Individuals with Disabilities Education Act" (20 U.S.C. s.1400 et seq.), including the student's right to compensatory education when such relief shall be granted.
d. As used in this section:
"Bilingual education student" means a student who is enrolled in a program of bilingual education or an English as a Second Language program approved by the State Board of Education.
"School of attendance" means a public school or approved private school for students with disabilities which a special education student or bilingual education student attends.
"Special education student" means a student who receives programs and services pursuant to chapter 46 of Title 18A of the New Jersey Statutes.
2. This act shall take effect immediately.
STATEMENT
This bill provides that during
the 2020-2021 school, special
education and bilingual education students may repeat the grade level in which
the student was enrolled during the 2019-2020 school year, provided that the
parent, guardian, or other person having legal custody of the student submits a
written request before September 1, 2020.
Under the bill, the parent, guardian, or other person having legal guardian of a special education student or bilingual education student would be required to submit the written request to the superintendent of the student's school district of residence. When the parent, guardian, or other person having legal custody of a special education or bilingual education student submits the written request to the superintendent of the school district of residence, and the student will attend a school outside of the school district of residence during the 2020-2021 school year, the bill requires the superintendent to transmit the written request, as soon as practicable, to the superintendent or other chief administrative officer of the student's school of attendance.
