Increasing the dialogue among stakeholders in New Jersey’s special education system

Special Education Evaluations and Eligibility

Apr 20, 2023 | Parents, Professionals, Special Ed Basics, Teachers

teach and evaluating professional working with a young boy

special education basics badgeCommon Ground is committed to informing families and guardians about parental rights and special education advocacy.

In this and upcoming editions we will share a series of basic and important special education topics on the rights, responsibilities, administrative processes, and legal remedies parents and students may encounter, and to which they are entitled.

An important timeline begins at the moment that the need for evaluation is established, either by agreement or by court order. From that moment the school district has 90 calendar days to complete the evaluations, determine eligibility, and develop and implement an individualized education program (IEP).

No single test or any standardized test is allowed to serve as the sole evaluation tool. The initial evaluation must consist of a multi-disciplinary assessment in all areas of suspected disability and must include at least two assessments conducted by at least two members of the child study team in their areas of expertise and training or their qualification through licensure or certification. In New Jersey and depending on the suspected disability, specialized assessments are also required.

The initial evaluation must include a functional assessment of academic performance and when behavior is an issue, a functional behavioral assessment. Evaluations must also be conducted in the child’s native language unless clearly not feasible to do so and must be nondiscriminatory.

Parents Right to Independent Evaluations

If a parent disagrees with the school district on any assessment, the parent may request an independent evaluation at the school district’s expense. Parents should make this request in writing and use the word “disagree” in the request. The school district may request the parent’s reason for requesting an independent evaluation, but a reason is not required. Parents may list the types of assessments (e.g., psychological, learning, physical therapy, occupational therapy, psychiatric) they want as part of the independent evaluation. The school district must notify the parent of its intention to either pay for the independent evaluation or file for a due process hearing within twenty days of the parental request.

The child study team members and other specialists conducting an assessments must prepare a written report based on all available assessments. Parents must be provided with a copy of the evaluation report(s) and any additional documentation and information that will be used for a determination of a child’s eligibility for special education and related services, at least ten calendar days before the eligibility determination meeting is held.

With evaluations and assessments in hand, eligibility for special education and related services is determined at the Eligibility Meeting.

The following individuals are required to attend the Eligibility Meeting:

  • The parent;
  • The child, where appropriate;
  • At least one of the child’s general education teachers;
  • At least one member of the child study team who participated in the evaluation;
  • The case manager;
  • Certified school personnel (classroom teacher, special education teacher) who referred the child for evaluation, or the school principal or designee if they choose to participate;
  • When a child is evaluated for a language disorder, the speech-language specialist who conducted the evaluation; and,
  • Other individuals whom the parent or school district want to attend.

A child cannot be determined eligible for special education if their school difficulties are based primarily on lack of instruction in reading or math, or limited English proficiency.

A child is eligible for special education and related services if he or she has one or more of the disabilities defined in the state code, the disability adversely affects the child’s educational performance; and the child is in need of special education and related services.

The school district must send the parent written notice of the eligibility team’s determination, which explains the parent’s right to disagree and request mediation or a due process hearing. A school district cannot provide a child with special education and related services unless the parent consents to the initial implementation of those services.

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