·         Written notice –
The case manager must:

o    Provide written notice, Notice of Upcoming Meeting letter, to the parent/guardian/adult student at least fifteen days prior to the meeting date. Three attempts will be made within this time frame. It may include two letters and one phone call. All contacts must be documented on the Summary of Contacts form located in the student’s record. Copies of the letters must be given to the general education teacher, fellow CST members/ and appropriate building administrator.

o    If both the Eligibility Meeting and the IEP Development Meeting are planned for the same date:

§  Initial Eligibility & Initial IEP:

§  At this time the Initial IEP to be placed in the student’s History.

§  The CST Case manager must complete two separate Notice of Meeting events. One for eligibility and one for the IEP event if both meetings are to be held on the same date.

§  Reevaluation and Annual IEP:

§  Fill out the Notice of Upcoming Meeting form for both the Eligibility Meeting and the Annual IEP Meeting.

o    Provide all evaluation reports to the parent/guardian/adult student at least 10 days before the proposed eligibility meeting date.

§  Assessment Summary must be completed by the Discipline Evaluator once the Report is completed.

§  Only one Assessment Summary can be completed at a time. Evaluator MUST ensure that they complete Assessment Summary in its entirety at least 15 days prior to the scheduled meeting so others are not held up in completing this step.

o    Attempt to arrange the eligibility meeting during the general education teacher’s preparation period. However, if that is not possible because of the availability of parent(s), CST members and/or SLS, the earliest available date should be scheduled to ensure compliance with code limits. The teacher and principal should be given an e-mailed copy of the notice. The principal will then ensure attendance of the regular/special education teacher(s) at the eligibility/IEP meeting, with all available supporting information. 
  

·         Eligibility meeting and participants

o    The meetings to determine eligibility and develop an IEP may be held on the same date as long as the written Notice of Upcoming Meeting so indicated.

§  Both Events must still be documented separately in the student file.

o    The participants at this meeting shall include:

§  parent/guardian and/or adult student, if applicable

§  the student’s general education teacher, or if the student does not have a general education teacher then a general education teacher who is knowledgeable about the district’s programs

§  student, when appropriate

§  at least one CST member who participated in the evaluation (may be the case manager)

§  other appropriate individuals at the discretion of the parent or school district

§  other certified school personnel referring the student as potentially disabled, or the school principal or designee

§  If the meeting also includes the development of an IEP then the student’s special education teacher or special education provider, or if the student does not have a special education teacher/provider, a special education teacher or provider who is knowledgeable about the district’s programs will participate.

 
Note – An eligibility meeting may be conducted without the parent as long as sufficient notice is provided prior to the meeting. If the parent/guardian/adult student did not attend the eligibility meeting, the case-manager should not proceed to develop the IEP. However, the Parental Notice of Eligibility form must be completed and a copy along with a Notice of Upcoming Meeting must be sent to the parent/guardian/adult student. Fifteen calendar days must be allowed for subsequent IEP meeting by generating a new Notice of Upcoming Meeting (Initial or Annual).
 
NOTE: If the parent/guardian/adult student/ informs the case manager that he/she has invited an attorney to be present at an upcoming CST meeting, the meeting must be delayed while the case manager contacts the legal department. CST cannot conduct a meeting where there is legal representation only for the parent/guardian/adult student.

·         Making the determination of eligibility

o    Students can only be classified as “eligible for special education and related service” or “eligible for speech-language services” (ESLS).

o    A student shall not be classified if the determinant factor is due to a lack of instruction in math or reading, including the essential components of reading instruction, or due to limited English proficiency.

o    A student shall be classified when:

§  The student has one or more of the disabling conditions

§  The disability adversely affects the student’s educational performance;

§  The student is in need of special education and related services or speech-language services. 
 

When student is “eligible for special education and related services” or “eligible for speech-language services”:

·         Complete the Notice of Eligibility Form

·         Print the Notice of Eligibility Form and obtain signatures.

·         the parent is provided written Parental Notice of Eligibility indicating the decision, with each team member certifying their opinion;

·         the parent has the right to consider the eligibility decision for up to 15 days;

·         if when parent agrees with the eligibility decision, an IEP is developed;

·         Meetings to determine eligibility and develop an IEP may be combined as long as the Notice of Upcoming Meeting form indicated this dual purpose.

 
When the student is not eligible

·         Within 15 calendar days of the meeting, parent or adult student are provided with a written copy of the Parental Notice of Eligibility.

What happens if there is a disagreement in the eligibility decision?

·         Each IEP team member must certify in writing, on the Parental Notice of Eligibility, whether the IEP team report reflects his or her conclusions, or their dissenting opinions. This ensures that parents are aware of dissenting opinions regarding the determination of eligibility.

·         If the parent or adult student disagrees with the eligibility decision, they may:

o    request mediation

o    request a due process hearing

o    request an independent education evaluation or, if it is an initial eligibility/IEP

o    sign parental refusal of initial eligibility/IEP form.

Note: If English is not the spoken language of the parent, then that parent must be sent Notice of Eligibility and Notice of IEP translated into the native language of the parent. A complete copy of the IEP, in English, must also be sent to all parents. The case manager should also ensure the participation of a translator at all meetings.
 
Note: If a previously classified student is deemed no longer eligible for Special Education and Related Services but does require speech-language services she/he is made Eligible for Speech-Language Services at the eligibility meeting.