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PRE-REFERRAL INTERVENTION N.J.A.C. 6A:14-3.3(b) 

 Interventions in the general education setting shall be provided to students exhibiting academic difficulties and shall be utilized, as appropriate, prior to referring a student for an evaluation of eligibility for special education and related services.  After interventions have been utilized, the New Jersey Administrative Code N.J.A.C. 6A:14-3.3(c)1 addresses the next step:  When it is determined through analysis of relevant documentation and data concerning each intervention utilized that interventions in the general education program have not adequately addressed the educational difficulties, and it is believed that the student may have a disability, the student shall be referred for an evaluation to determine eligibility for special education programs and services.

MAKING A CHILD STUDY TEAM REFERRAL:  

If you believe your child may have a disability and might need special education services, you may refer your child for an evaluation by submitting a written request to the school district with a live signature. 

What is a referral?  A referral is a written request for an evaluation that is given to the school district when a child is suspected of having a disability and might need special education services. In most instances, the student suspected of having a disability should first be referred to the Intervention and Referral Services Team. If as a result of the interventions recommended by the team, the student continues to experience difficulties in the general education classroom, the I&RS Team will determine the next course of action, which could include amending the Action Plan, determining 504 eligibility, or referring the student to the Child Study Team for evaluation.

How is a student referred for a Child Study Team Evaluation?  Students between the ages of 3 and 21 suspected of having an educational disability may be referred to the Child Study Team for an evaluation. If you believe that your child may have a disability, you may refer your child for an evaluation by submitting a written request to your school district.

Who can make a referral?  I&RS referral:  School staff and/or the building administrator(s) can refer a student to the Child Study Team through their school based Intervention and Referral Service (I&RS) teams. The I&RS teams are building-based, interdisciplinary teams that meet regularly to develop intervention plans for students experiencing significant academic and/or social/emotional difficulties in the classroom. Once the I&RS has exhausted its resources and determines that additional information may be necessary, or feels that the student may be educationally disabled, the I&RS team forwards a Child Study Team referral to the Supervisor of Special Education and Student Services. The Supervisor of Special Education and Student Services forwards the request to the Child Study Team who schedules an Initial Planning Meeting with the parent(s), Child Study Team and the student’s teacher(s) to discuss the student’s academic and/or social/emotional difficulties and a possible evaluation for Special Education and Related Services.

PARENT(S) Referral: Parent(s) may initiate a Child Study Team referral for their child who may be experiencing significant academic and/or social/emotional difficulties in the classroom by contacting the Supervisor of Special Education and Student Services and forwarding the request in writing with a live signature.

ADMINISTRATORS or OUTSIDE AGENCIES Referral: If a student is experiencing significant academic and/or social/emotional difficulties in the classroom and the intervention plan has been unsuccessful in mitigating these difficulties the Principal, other building administrators or an individual from a state agency may refer a student to the Child Study Team.

What is the procedure after the referral is made?  Once the referral has been made, the Case Manager has twenty (20) calendar days (excluding school holidays) to schedule an Identification Meeting. The necessary personnel expected to attend this meeting would be a social worker, psychologist, learning disabilities teacher-consultant, classroom teacher, speech & language specialist (if the suspected disability included that area or the child was age 3-5) and the parent.

Are students automatically assessed if the request is made?  No, they are not. When a request for a Child Study Team evaluation is made, an Initial Planning/Identification Meeting must be scheduled. At that meeting, it is determined if a Child Study Team Evaluation is warranted and if so an Evaluation Plan is developed.

Evaluation

The meeting participants shall determine whether an evaluation is warranted and, if warranted, shall determine the nature and scope of the evaluation, according to N.J.A.C. 6A: 14-3.4(a).

Determination

The team will determine which child study team members and/or specialists shall conduct each assessment that is part of the evaluation.

Written Notice

Within 15 calendars of the Initial Meeting, the parent will be provided with written notice of the proposed actions including the nature and scope of the evaluation.

Obtaining Consent

Prior to conducting any assessment the district shall request and obtain consent to evaluate

Timelines

After parental consent for initial evaluation has been received, the evaluation, determination of eligibility for services, and if eligible, development and implementation of the IEP for the student shall be completed within 90 calendar days.

What is an evaluation?  An evaluation is the process used to determine whether your child has a disability. This process includes a review of any relevant data, and the individual administration of any tests, assessments and observations of your child. For an initial evaluation, at least two child study team members and other specialists, as required or as determined necessary, must participate. A minimum of two assessments of your child are needed to determine eligibility for special education and related services. Each assessment must be conducted by a person who has appropriate training, or who is qualified to conduct the assessment through his or her professional license or certification.

When is an evaluation warranted?  An evaluation is warranted when the parent(s), the members of the child study team and your child’s teacher meet and determine that your child may have a disability based on the concerns having a significant impact on the child’s academics in the classroom.

What is the procedure if the student is going to be assessed?  Once it is determined that assessments are necessary an initial evaluation plan is developed and the parent/guardian gives written permission. The district then has ninety (90) days to complete the necessary evaluations. Within the ninety (90) days an Eligibility Conference is scheduled where the evaluations are interpreted and it is determined if the student is eligible for special education and/or related services.

Special Education Eligibility

After the agreed upon assessments are completed, a written report of each assessment is prepared. A copy of the evaluation report(s) and documentation that will be used for a determination of eligibility shall be given to the parent not less than 10 calendar days prior to the meeting. N.J.A.C. 6A:14-3.5(a)

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Notice of a Meeting

Meetings to determine eligibility and develop an IEP shall, if feasible, be combined as long as the requirements for notice of a meeting are met. N.J.A.C. 6A: 14-2.3(k)

Meeting Participants

Eligibility is determined collaboratively by the parent, a teacher knowledgeable about the student’s educational performance and/or about the district’s programs, the student where appropriate, at least one CST member who participated in the evaluation, the case manager and/or other appropriate individuals at the discretion of the parent or school district. N.J.A.C. 6A: 14-2.3(k)1

Determining Eligibility

A student shall be determined eligible and classified “eligible for special education and related services” when:

  • The student must have one or more of the disabilities defined in N.J.A.C. 6A:14-3.5(c)1-14.
  • The disability adversely affects the students educational performance; and
  • The student is in need of special education and related services.

Within 15 calendar days of the meeting, the parent will be provided with written notice of the determination that the student is ineligible for special education and related services and a copy of the short procedural safeguards statement.

Determined Not Eligible

A student shall not be determined eligible if the determinant factor is due to a lack of instruction in reading, including the essential components of reading instruction, or math, or due to limited English proficiency. N.J.A.C. 6A: 14-3.5(b)

How is eligibility determined?  When the evaluation is completed, eligibility is determined collaboratively at a meeting according to N.J.A.C. 6A:14-2.3(k).

To be eligible for special education and related services:

  • A student must have a disability according to one of the eligibility categories according to N.J.A.C. 6A:14-3.5(c);
  • The disability must adversely affect the student’s educational performances; and
  • The student must be in need of Special Education and Related Services (specially designed instruction).

The school district must provide a copy of the evaluation report(s) and documentation to be used to make a determination of eligibility to the parent (or adult student, when applicable) not less than 10 days prior to the meeting.

If a student is eligible, does that mean he or she will be in a special education class?    No, before a student receives services an Individual Education Program must be developed and agreed to. In Mullica Township, the goal is to serve students in the Least Restrictive Environment, which is specific to each student.

Initial Individual Education Plan 

Once a student is determined eligible and classified “eligible for special education and related services” the team will develop an Individualized Education Program (IEP) for that student. N.J.A.C. 6A: 14-3.7 

Timeframe

A meeting to develop the initial IEP shall be held within 30 calendar days of a determination of eligibility.

Meeting Participants

  • Parent
  • Student (when appropriate)
  • General Education/Special Education Teacher(s)
  • At least 1 CST member who can interpret evaluations
  • Case Manager
  • At the discretion of the parent or school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate.

Written Notes/Copy of the IEP

Either a copy of the IEP or written notes setting forth agreements with respect to the IEP as determined by the IEP team shall be provided to the parents at the conclusion of the meeting. N.J.A.C. 6A: 14-3.7(l)

Written Notice

Written notice and proposed actions shall include:

  • Proposed IEP
  • Proposed educational placement
  • A request for written consent
  • A copy of the short procedural safeguards statement

Consideration

The parent may agree to the IEP during the meeting or has the right to consider the proposed program for up to 15 calendar days.

Initial IEP Implementation

When the team and parent have reached signed agreement, the proposed IEP will be implemented within 15 calendar days.

What is an Individualized Education Program?  After your child is determined to be eligible for special education and related services, a meeting will be held to develop your child’s IEP. The IEP is a written plan that describes in detail your child’s special education program. The IEP should describe how your child currently performs and your child’s specific instructional needs. The IEP must include detailed and measurable annual goals and short-term objectives or benchmarks.

Who must attend the IEP Meeting  Except when a member of the IEP team has been excused from attending the meeting with parental consent in accordance with NJAC 6A:14 the following persons must attend IEP meetings:

  • Student, if appropriate;
  • Parent;
  • Not less than one general education teacher (to the extent appropriate), if the student is or will be participating in regular education;
  • Not less than one special education teacher (or special education provider where appropriate);
  • At least one child study team member;
  • Case manager;
  • School district representative;
  • Others at the discretion of the parent or school district; and
  • If transition will be discussed at the IEP, a representative of any other agency likely to provide or pay for services.

You have the right to:

  • Copies of your child’s IEP;
  • Bring others with you to the meeting;
  • Record IEP meetings if you inform the other persons orally or in writing, prior to the meeting stating that you intend to record the meeting;
  • Record IEP meetings if you inform the case manager in writing prior to the meeting stating that you intend to record the meeting;
  • Have the IEP implemented within 90 days of the school district’s receipt of your consent for the first evaluation;
  • Have the IEP implemented as soon as possible following the IEP meeting;
  • Have the IEP reviewed at least annually; and
  • Have extended school year services considered by the IEP team.

Annual Review

Annually, or more often if necessary, the IEP team shall meet to review and revise the IEP and determine placement. N.J.A.C. 6A:14-3.7 (i-j)

Meeting Participants

  • Parent
  • Student (when appropriate)
  • General Education/Special Education Teacher(s)
  • At least 1 CST member who can interpret evaluations
  • Case Manager
  • At the discretion of the parent or school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate.

 

Review of Data

 

The IEP team shall review:

  • Any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;
  • Information about the student including information provided by the parents, current classroom-based assessments and observations, and the observations of teachers and related service providers;
  • The student’s anticipated needs; or
  • Other relevant matters.

Out of District Students

For those students in a separate setting, the IEP team shall, on an annual basis, consider activities necessary to transition the student to a less restrictive placement. N.J.A.C. 6A:14-3.7(k)

Written Notice

Written notice and proposed actions shall include the:

  • Proposed IEP
  • Proposed educational placement
  • A request for written consent
  • A copy of the short procedural safeguards statement

Consideration

The parent may agree to the IEP during the meeting or has the right to consider the proposed program for up to 15 calendar days.

IEP Implementation

When the team and parent have reached a signed agreement, the proposed IEP will be implemented for the corresponding school year.

Reevaluation

Within three years of previous classification, a multi-disciplinary reevaluation shall be completed to determine whether the student continues to be a student with a disability. N.J.A.C. 6A:14-3.8

Meeting Participants

  • Parent/Student (when appropriate)
  • General Education/Special Education Teacher(s)
  • At least 1 CST member who can interpret evaluations
  • Case Manager
  • At the discretion of the parent or school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate.

Review of Data

The IEP team shall review existing data and shall identify what additional data, if any are needed to determine:

  • Whether the student continues to have a disability;
  • The present levels of academic achievement and functional performance and educational and related developmental needs of the student;
  • Whether the student needs special education and related services, and the academic, developmental, functional and behavioral needs of the student and how they should be appropriately addressed in the students’ IEP; and
  • Whether any additions or modifications to the special education and related services are needed to enable the student with a disability to meet annual goals set in the IEP and to participate, as appropriate, in the general education curriculum.

When Additional Data is Not Needed

If the IEP team determines that no additional data is needed to determine whether the student continues to be a student with a disability, the district board of education shall:

  • Provide notice to the student’s parents of that determination and the right of the parents to request an assessment to determine whether the student continues to be a student with a disability; and
  • Shall not be required to conduct such an assessment unless requested by the student’s parents.

When Additional Data is Needed

If additional data is needed, the IEP team shall determine the nature and scope of the proposed reevaluation including which child study team members and/or specialists shall administer tests and other assessment procedures.

Written Notice

Written notice and proposed actions shall include:

  • The nature and scope of the proposed reevaluation including which CST member and/or specialist will administer tests and other assessment procedures;
  • A copy of the NJ Short Procedural Safeguards Statement
  • A request for written consent from the parent and/or adult student.

Consideration

The parent may consider the proposed reevaluation program for up to 15 calendar days.

Completed Assessments

When the assessments are completed, written report(s) are prepared. A copy of the evaluation report(s) and documentation of the eligibility shall be given to the parent at least 10 days prior to the meeting. N.J.A.C. 6A:14-3.8(f)1