After all evaluations are completed, the case manager convenes
an eligibility meeting to determine whether the student is
“eligible for special education and related services” “eligible
for speech-language services” or not eligible for these
programs/services. The Eligibility Decision is made at each
initial and reevaluation meeting. The IEP Program is a separate
In order to conduct this meeting, the following steps must be
Written notice –
The case manager must:
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.
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
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
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.
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
Eligibility meeting and participants
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.
The participants at this meeting shall include:
parent/guardian and/or adult student, if
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
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
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
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
Students can only be classified as “eligible for
special education and related service” or “eligible for
speech-language services” (ESLS).
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.
A student shall be classified when:
The student has one or more of the
The disability adversely affects the student’s
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
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
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:
request a due process hearing
request an independent education evaluation or, if
it is an initial eligibility/IEP
sign parental refusal of initial eligibility/IEP
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.