S4654

An Act concerning support services for high school students, amending various parts of the statutory law, and supplementing P.L.1979, c.241 (C.18A:7C-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1979, c.241 (C.18A:7C-3) is amended to read as follows:

3. a. For any student who [does not meet the State and district examination standards] has not demonstrated satisfactory progress towards meeting the State and local requirements for graduation by the end of [11th] grade 10, the local board of education [when appropriate] shall provide additional remedial instruction [specifically directed toward mastery of those proficiencies identified as necessary] for the awarding of a diploma, which shall prioritize student-specific interventions and supports and limit the use of instructional time on test preparation. The additional remedial instruction may include, but [need] not be limited to:

(1) interventions or supports provided through a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model implemented pursuant to section 1 of P.L.2016, c.48 (C.18A:6-135);

(2) direct classroom interventions, including tutoring; and

(3) an extended school year, extended school day, or additional school years.

b. A board of education may use existing services, programs, and resources to provide additional remedial instruction to a student pursuant to subsection a. of this section.

c. Any [12th] grade 12 student who [does not meet said requirements] has not demonstrated satisfactory progress towards meeting the State and local requirements for graduation, but who has met all the credit, curriculum, and attendance requirements, shall be eligible for a comprehensive assessment of [said] these proficiencies utilizing techniques and instruments other than standardized tests, which techniques and instruments shall have been approved by the Commissioner of Education as fulfilling State and local graduation requirements.

(cf: P.L.1988, c.168, s.1)

2. Section 4 of P.L.1988, c.168 (C.18A:7C-6.2) is amended to read as follows:

4. a. The Commissioner of Education shall develop and administer to all [eighth] grade [pupils] eight students in the school year [which] that begins in September 1990, and annually thereafter, a test to assess progress toward mastery of State graduation proficiency standards.

b. For any student who does not [meeting established examination standards,] demonstrate satisfactory progress toward mastery of State graduation proficiency standards pursuant to subsection a. of this section or local promotion standards adopted pursuant to section 1 of P.L.1985, c.480 (C.18A:35-4.9), the local board of education shall provide for appropriate remediation in areas of demonstrated deficiency, which shall prioritize student-specific interventions and supports and limit the use of instructional time on test preparation. Appropriate remediation may include, but not be limited to:

(1) interventions or supports provided though a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model implemented pursuant to section 1 of P.L.2016, c.48 (C.18A:6-135);

(2) direct classroom interventions, including tutoring; and

(3) after school, weekend, and summer programs.

c. A board of education may use existing services, programs, and resources to provide appropriate remediation to a student pursuant to subsection b. of this section.

(cf: P.L.1990, c.52, s.36)

3. Section 1 of P.L.2016, c.48 (C.18A:6-135) is amended to read as follows:

1. a. The Commissioner of Education shall [develop and establish an initiative to support and encourage] require the use of a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model by school districts to [promote] ensure the achievement of all students. The [initiative] commissioner shall [include dissemination of] disseminate information and guidance to school districts regarding [the development and effective implementation of] the use of a Response to Intervention framework , the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model as a methodology to identify struggling learners, maximize student achievement, and reduce behavioral problems. The [initiative] commissioner shall also [include dissemination of] disseminate information and guidance to school districts within 180 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) regarding the effective use of a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model as a methodology to: ensure students in grades nine through 11 receive support services to meet State and local graduation requirements before grade 12; and identify students with specific learning disabilities in accordance with the "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq. The information and guidance provided to school districts shall make clear that a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model is not a substitute for classification of a student as eligible for special education and related services if the student requires classification.

b. The commissioner shall ensure that a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model implemented by a school district includes, at a minimum, the following elements:

(1) high quality research-based instruction in the general education setting;

(2) universal screening procedures to identify students at risk for poor learning outcomes or behavioral challenges;

(3) multiple levels of evidence-based interventions that are progressively more intense, based on the student's responsiveness; and

(4) continuous monitoring of student progress.

c. The commissioner shall make available technical assistance and training to assist school districts in the implementation of a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model.

(cf: P.L.2016, c.48, s.1)

4. (New section) a. The local chief school administrator shall report annually to the Commissioner of Education concerning:

(1) the intervention and support models utilized by the school district pursuant to section 1 of P.L.2016, c.48 (C.18A:6-135);

(2) the number of students receiving student-specific interventions and supports pursuant to the provisions of section 3 of P.L.1979, c.241 (C.18A:7C-3) and section 4 of P.L.1988, c.168 (C.18A:7C-6.2) and the intervention and support model utilized for each student; and

(3) the progress of each student identified in paragraph (2) of this section in meeting State and local graduation requirements.

b. The Commissioner shall issue an initial report, within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), on the Internet website of the Department of Education, which shall include a summary of the information provided pursuant to subsection a. of this section.

c. Following the issuance of the initial report pursuant to subsection b. of this section, the commissioner shall issue a report every three years on the department’s Internet website containing a summary of the information provided pursuant to subsection a. of this section and any specific recommendations the commissioner deems appropriate and necessary related to intervention and support services for students.

d. The information required to be in the reports pursuant to this section shall be disaggregated by race, gender, disability, and eligibility for free or reduced-price lunch under the National School Lunch Program, and shall not include any student-level or personally identifiable information.

5. This act shall take effect immediately and shall first apply to the first full school year following the date of enactment.

STATEMENT

This bill requires school districts to provide support services to certain students prior to grade 12 and implement certain tiered systems of supports. The bill also requires school districts and the Commissioner of Education to report on certain information concerning the support services under the bill.

Current law requires each student in grade eight to take a test to assess progress toward mastery of State graduation proficiency standards. A board of education is required to provide appropriate remediation to any student who does not meet established examination standards. The appropriate remediation may include after school, weekend, and summer programs.

Current law also requires the board of education to provide additional remedial instruction to any student who does not meet State and district examination requirements by the end of grade 11. The additional remedial instruction is directed toward mastery of proficiencies identified as necessary for the awarding of a diploma and may include an extended school year, extended school day, or additional school years.

This bill revises these requirements to identify students earlier and provide targeted interventions and support to ensure a student is on-track to meet State and local graduation requirements.

The bill expands a board of education’s responsibilities in providing appropriate remediation to any grade eight student to include those who do not demonstrate satisfactory progress toward mastery of State graduation proficiency standards or local promotion standards under current law. The appropriate remediation would prioritize student-specific interventions and support, and limit the use of instruction time on test preparation. Under the bill, appropriate remediation is expanded to include: interventions or supports under a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model; and direct classroom interventions, including tutoring. The bill clarifies that the board may use existing services, programs, and resources when providing appropriation remediation to a student.

Under the bill, a board of education is required to provide additional remedial instruction to any student who, by the end of grade 10, has not demonstrated satisfactory progress towards meeting the State and local requirements for graduation. The additional remedial instruction for the awarding of a diploma will prioritize student-specific interventions and supports and limit the use of instruction time on test preparation. Under the bill, additional remedial instruction is expanded to include: interventions or supports under a Response to Intervention framework, the New Jersey Tiered System of Supports, or other Multi-Tiered System of Support model; and direct classroom interventions, including tutoring. The bill clarifies that the board may use existing services, programs, and resources when providing additional remedial instruction to a student.

Current law encourages districts to utilize a Response to Intervention framework as a methodology in identifying struggling learners, maximizing student achievement, and reducing behavioral problems. This bill mandates all districts to utilize this framework, the New Jersey Tiered System of Supports, or another Multi-Tiered System of Support model. The bill also requires the commissioner to provide districts with information and guidance, within 180 days of the effective date of the bill, regarding the effective use of these methods to ensure students in grades nine through 11 receive support services to meet State and local graduation requirements before grade 12.

Finally, this bill requires the local chief school administrator to report annually to the Commissioner of Education information on the intervention and support services implemented under the bill. The commissioner is then required to issue an initial report on this information within one year of the effective date of this bill. The commissioner will report on this information every three years thereafter. The commissioner’s reports would be published on the Department of Education’s Internet website and the information within the reports will be disaggregated by various demographic groups.