Understanding the Special Education Process

#1 Referral & Identification

A referral is made when a teacher, parent, or other individuals suspect that a student may have a disability and require special education services. This can be initiated by anyone involved in the student's education and it must be in a written form.  The referral timeline begins the date the district receives the referral. Case manager will promptly schedule an "Identification Meeting." 

Once a referral is received, the CST has 20 days to meet with the parent and discuss the child’s development and current levels of performance to determine if an evaluation is warranted at this time. 

#2 Evaluation

Once consent is obtained, the CST conducts a comprehensive evaluation gathering information about the student's academic, behavioral, medical, and developmental history. This evaluation may include assessments conducted by various professionals. After parental consent for initial evaluation is obtained, the evaluations, determination of eligibility, development and implementation of an IEP must be completed within 90 calendar days. (N.J.A.C. 6A:14-3.4(e).

#3 Eligibility Determination

When the evaluations are completed, a meeting is held to review the data with the parents and determine eligibility.  Parents must receive the evaluation reports at least 10 days before the eligibility meeting. In order to be found eligible for Special Education and Related Services, your child must meet all three of the following criteria: 

1. The child must have one of the disabilities enumerated in the statute; 

2. The child’s access to the general education curriculum must be negatively impacted by the disability; 

3. And, the child must be in need of special education and related services. 

Generally if found eligible, the team begins developing the IEP at the same meeting, however, the parent can wait to convene another IEP meeting if they need time to process the information. 

#4 & 5 Development & Implementation of the IEP

An IEP is a roadmap to a child’s education – the child’s personal curriculum within the state’s guidelines to meet the child’s needs based on their disability.  The IEP contains: 

-The child’s Present Levels of Academic Achievement and Functional Performance

-Measurable Annual Goals & Short-Term Objectives 

-Transition Goals & Services (starting at age 14) 

-Program placement Determination and Statement Regarding Any Deviation From the LRE

-Must be appropriate – If the district can’t meet the child’s needs they need to hire personnel, buy programs or send child to another school. 

-Extended School Year (ESY) to prevent regression over the summer 

-Related Services to be Received (S/L, OT, PT, Transportation, etc.) 

-Accommodations and/or Modifications to the General Curriculum and Extracurricular Activities