Special Education Evaluation & Eligibility Process
For a complete list of the Special Education Process and Procedures, please click here to view the New Jersey Special Education Code:
A meeting is called to plan the evaluation for a student who is suspected of having a disability. The parent/guardian(s) and the Child Study Team at the meeting will decide:
- The nature and scope of the evaluation based on concerns and data
- Which evaluations will be conducted
The participants at this meeting typically include:
- The parent/guardian(s)
- The Child Study Team (social worker, psychologist, and/or learning consultant)
- Classroom teacher
- Related services provider (if necessary)
Within fifteen (15) calendar days of this meeting, the parent/guardian(s) are provided with:
- Written notice of the determination(s) and proposed action(s)
- The evaluation is warranted
- The student is considered identified as potentially disabled
- The nature and scope of the evaluation
- A request for written consent from the parent/guardian(s)
The parent/guardian(s) must be given the opportunity to consider the proposed initial evaluation for up to fifteen (15) calendar days before provided consent. However, consent may be provided sooner.
If the parent/guardian(s) refuse to provide consent, within the 15 calendar days, and the district and parent/guardian(s) have not agreed to other action, the district shall request a due process hearing according to the N.J.A.C 6A:14-2.7(b) to obtain consent.
When consent for an initial evaluations is granted, the evaluation is granted, the evaluations shall be conducted without delay. The evaluations, determination of eligibility for services, and if eligible, the development and implementation of the IEP shall be completed within ninety (90) calendar days.
NOTE: When assessments are completed, a written report of the results of each assessment will be prepared and provided to parent/guardian(s) ten (10) calendar days prior to the eligibility meeting.
Students who have been determined eligible for Special Education and Related Services shall be reevaluated within three (3) years from the initial classification date. The purpose of reevaluation is to determine if the student continues to meet the criteria to require Special Education and/or Related Services.
Parent/guardian(s) are provided with written notice of a meeting to determine student eligibility for Special Education and Related Services and if eligible, develop an Individualized Education Program (IEP). A copy of the Parental Rights in Special Education (PRISE) document should accompany this notice.
The participants of the eligibility meeting include:
- Student's teacher
- The student, if appropriate
- The Child Study Team, which includes the student's case manager
- Related service providers, if necessary
Determination of Eligibility
A student is considered eligible for Special Education if:
- The student has one or more disabilities as defined in the N.J.A.C 6A:14-3.5(c) 1-13
- The disability adversely affects educational performance
- The student needs Special Education and Related Services