LEAST RESTRICTIVE ENVIRONMENT (LRE)
In New Jersey, the Department of Education (NJDOE) requires that students with disabilities be educated in the Least Restrictive Environment (LRE). This means that, to the greatest extent possible, students with disabilities should be educated alongside their non-disabled peers. Removal from the general education classroom should only occur when the nature or severity of the disability prevents the student from making educational progress in regular classes, even with the use of supplementary aids and supports. In such cases, the least restrictive environment may involve a smaller class setting or a specialized environment with tailored support or curriculum.
IDENTIFICATION AND REFERRAL
When a teacher, parent, staff member, or other individual familiar with a student's development believes that the student may have an educational disability that requires special education and related services, a written request is submitted to the Child Study Team (CST). Within 20 days of receiving the referral, the parent, the student's teacher, and the CST will meet to determine whether an evaluation is necessary. The parent must provide written consent for the initial evaluation to proceed.
Once you give your consent for the evaluation, make sure to note the name of the Case Manager, as they will be your primary point of contact throughout the process. It is important to prepare your child for the evaluation by explaining that school staff will be working with them outside of the classroom. Although you may not know the exact dates when testing will take place, it is helpful to ensure that your child is well-rested and has a healthy breakfast each day during the evaluation period. If there are any conditions, such as a cold or allergies, that could affect your child’s performance on specific days, be sure to inform the teacher so the evaluators can consider rescheduling the testing if needed. (Adapted from Parent Handbook, Fairfax, VA.)
The process for determining eligibility for special education and related services in New Jersey involves several steps. Here is an overview of the process:
Initiation: The process begins when a teacher, parent, staff member, or other individual who is familiar with the student’s development believes the student may have a disability and may need special education services.
Referral: A written referral is made to the Child Study Team (CST), which includes professionals such as school psychologists, special education teachers, and social workers.
Meeting: Within 20 days of receiving the referral, the CST, the student’s parent, and the student’s regular education teacher meet to review the referral and any existing data.
Decision: The team will determine whether an evaluation is necessary based on the student’s developmental, academic, and behavioral history.
Consent: If the CST determines that an evaluation is needed, the parent must provide written consent before the evaluation can proceed. The parent is informed about the process and the types of assessments to be used.
Case Manager: The parent is assigned a Case Manager, who is the primary contact throughout the evaluation and eligibility process.
Comprehensive Evaluation: The CST conducts a comprehensive evaluation of the student in all areas related to the suspected disability. This may include assessments in areas such as cognitive functioning, academic performance, social and emotional development, communication, and physical/motor skills.
Standardized Testing: The CST uses standardized testing and other assessments (e.g., behavioral observations, parent interviews, teacher input, and functional assessments) to gather data on the student’s needs.
Specialized Evaluations: If necessary, additional evaluations by specialists (e.g., speech-language pathologists, occupational therapists) may be recommended.
Ten days (10) before the Eligibility Determination meeting the parents are sent a copy of the written reports.
Review of Evaluation Results: After completing the evaluations, the CST reviews all data gathered from the assessments and determines whether the student has a disability under one of the recognized categories (e.g., Autism, Specific Learning Disability, Intellectual Disability, etc.).
Eligibility Meeting: The CST meets with the parent, regular education teacher, and other professionals to discuss the evaluation results and determine whether the student qualifies for special education and related services.
Eligibility Criteria: To qualify, the student must meet two criteria:
The student has one or more disabilities defined by law.
The disability adversely impacts the student's ability to perform in the general education curriculum.
IEP Team Meeting: If the student is found eligible for special education services, an IEP team is formed, including the CST, the parent, and other professionals involved in the student’s education.
IEP Development: The team develops an Individualized Education Program (IEP) that outlines the student's specific needs, goals, services, accommodations, and placement.
Parental Approval: The parent must review and approve the IEP. They have the right to request revisions or seek clarification about the proposed services.
Service Delivery: Once the IEP is finalized, the school begins to implement the services and supports outlined in the IEP.
Ongoing Monitoring: The student’s progress is regularly monitored, and the IEP is reviewed at least annually to ensure that the goals and services are still appropriate.
IEP Review: The IEP is reviewed at least once a year to assess the student’s progress and adjust goals and services if necessary. The CST may also meet to update the IEP if there are significant changes in the student’s needs.
Periodic Reevaluation: Every three years, the student must be reevaluated to determine whether they still qualify for special education services. Parents are notified, and consent is obtained for this reevaluation. The team will review current performance and decide if additional testing is needed.
This process ensures that students with disabilities receive the necessary services and support to succeed academically and socially in school. Parents play an essential role throughout, with the right to be fully involved in all decision-making and to challenge any decisions they feel are not in the best interest of their child.
When a preschool-aged child transitions from an early intervention program, a member of the Child Study Team (CST) participates in the preschool transition planning conference (TPC) organized by the Department of Health. A preschooler's Individualized Education Program (IEP) must be implemented no later than age three. To ensure timely implementation of the IEP, a written request for the initial evaluation must be submitted to the district at least 120 days before the child turns three.
The Preschool Program is designed for children with identified developmental delays in speech and language, motor skills, behavior, and/or cognitive functioning, and who are eligible for special education services. The program focuses on providing early intervention in these developmental areas. To qualify, a preschool child must have either a 33% delay in one area or a 25% delay in two areas. The sole disability category for preschoolers is "Preschool Disabled."