About Special Services
Overview of Special Education Process in New Jersey
Special Education Process in New Jersey
The special education process in New Jersey follows a structured framework to ensure that students with disabilities receive appropriate support and services. Below is an overview of each step in the process:
1. Referral for Special Education Evaluation
A student may be referred for an evaluation to determine eligibility for special education services. This referral can be made by:
- A parent/guardian who submits a written request to the school district.
- A teacher or school personnel who observes difficulties impacting the student’s academic progress.
- A child study team (CST) member based on school assessments or interventions.
Once a referral is received, the school district has 20 calendar days (excluding school holidays) to schedule an Identification Meeting with the child study team and parents.
2. Identification Meeting
The Identification Meeting determines whether a formal evaluation is needed. This meeting includes the child study team (CST) (school psychologist, learning disabilities teacher-consultant, and school social worker), parents, and other relevant staff.
At this meeting:
- The student’s academic, behavioral, and developmental history is reviewed.
- Interventions and supports that have been tried in the general education setting are discussed.
- A decision is made about whether to conduct an evaluation.
If an evaluation is deemed necessary, parental written consent is required before the process can begin.
3. Evaluation Process
Once parental consent is given, the district has 90 calendar days to complete the evaluations and determine eligibility. The evaluations may include:
- Cognitive assessment (IQ testing)
- Educational assessment (academic achievement testing)
- Social history (family and developmental history)
- Speech/language assessment (if applicable)
- Occupational/physical therapy evaluations (if needed)
Evaluations must be conducted in the student’s native language and must be free from cultural or racial bias.
4. Eligibility Meeting
After completing the evaluations, an Eligibility Meeting is held to determine if the student qualifies for special education services.
To be eligible, the student must:
- Have a disability that falls within one of NJ’s 14 disability categories, such as Specific Learning Disability (SLD), Autism, Speech/Language Impairment, etc.
- Demonstrate that the disability adversely affects their educational performance and requires special education and related services.
If eligible, the next step is the development of an Individualized Education Program (IEP). If a child is found not eligible, parents have the right to request an independent evaluation or dispute the decision through due process.
5. Development of the Individualized Education Program (IEP)
The IEP meeting must be held within 30 calendar days of the eligibility determination. The IEP team includes:
- Parents/guardians
- General education teacher(s)
- Special education teacher(s)
- Child study team members
- Related service providers (if applicable)
- The student (if appropriate)
The IEP outlines:
- The student’s present levels of academic and functional performance
- Measurable annual goals
- Special education services, related services, and accommodations
- Placement in the least restrictive environment (LRE)
- A plan for progress monitoring
Once the IEP is developed, parental consent is required before initial implementation.
6. Annual Review
The IEP is reviewed at least once per year at an Annual Review Meeting to:
- Assess progress toward goals.
- Update services and accommodations based on the student’s needs.
- Make necessary changes to the IEP.
Parents may request an IEP review at any time if they believe modifications are necessary.
7. Reevaluation (Every Three Years)
Every three years, the school must conduct a Reevaluation to determine:
- Whether the student still qualifies for special education services.
- Whether changes to services or supports are needed.
The reevaluation may include updated assessments or a records review. The child study team may determine that no new testing is needed if sufficient data exists, but parental consent is required for any new evaluations.
8. Parent Consent and Rights
Throughout the special education process, parents must provide written consent for:
- Initial evaluation
- Initial placement in special education
- Any reevaluations
- Changes to the IEP (unless the district and parents agree otherwise)
Parents also have the right to:
- Request an independent educational evaluation (IEE) if they disagree with the school’s evaluation.
- Dispute decisions through mediation, due process hearings, or complaints to the NJ Department of Education.
- Receive a Parental Rights in Special Education (PRISE) booklet, explaining their rights under state and federal law.
Conclusion
The special education process in New Jersey ensures that students with disabilities receive the services they need through a structured evaluation, eligibility, and IEP development process. Parent involvement is critical at every step, and schools must ensure compliance with state and federal laws, including the Individuals with Disabilities Education Act (IDEA) and New Jersey Administrative Code (N.J.A.C. 6A:14).