• Initial special education referrals - According to 6A:14-3.3 (e), when a preschool age or school age student is referred for an initial evaluation to determine eligibility for special education programs and services, a meeting of the child study team, the parent and the regular education teacher of the student who is knowledgeable about the student's educational performance or, if there is no teacher of the student, a teacher who is knowledgeable about the district's programs, shall be convened within 20 calendar days (excluding school holidays, but not summer vacation) of receipt of the written request.

• Identification meetings - The determination group shall decide whether an evaluation is warranted and, if warranted, shall specify the nature and scope of the evaluation. The team may also ascertain that an evaluation is not warranted and, if so, establish other appropriate action. The parent shall be provided written notice of the determination which includes a request for consent to evaluate, if an evaluation will be conducted. Prior to conducting any assessment as part of an initial evaluation, the district shall request and obtain consent to evaluate. If the parent refuses to provide consent to conduct the initial evaluation, the district may file for a due process hearing to compel consent to evaluate. However, it must be remembered that the parent(s):

  • Must provide consent to implement an initial IEP

  • Can revoke consent for special education even after the student has been receiving special education.

  • According to 6A:14-3.4(e), after parental consent for initial evaluation of a preschool age or school age student has been received, the evaluation, determination of eligibility for services, and, if eligible, development and implementation of the IEP for the student shall be completed within 90 calendar days.

    • If the parent repeatedly fails or refuses to produce the child for the evaluation, the time period above shall not apply.

    • If a child enrolls in the school of a district board of education after an initial evaluation was undertaken by another district board of education, but before it was completed, and the district is making progress so as to ensure a prompt completion of the evaluation, and the district and parent agree to a specific modified timeframe for completing the evaluation, the agreed-upon timeframe for completing the evaluation shall be applied.

    • If initial evaluation of a preschool age child is warranted, the district board of education shall take steps to ensure that consent to evaluate is obtained without delay.

• Special education Evaluations & eligibility/classification meetings - According to 6A:14-3.5 (a), when an initial evaluation is completed for a student age three through 21, a meeting shall be convened to determine whether the student is eligible for special education and related services. A copy of the evaluation report(s) and documentation and information that will be used for a determination of eligibility shall be given to the parent not less than 10 calendar days prior to the meeting. If eligible, the student shall be assigned the classification "eligible for special education and related services." Eligibility shall be determined collaboratively by the participants.

• Initial IEP meetings - According to 6A:14-3.7 (a), a meeting to develop the IEP shall be held within 30 calendar days of a determination that a student is eligible for special education and related services or eligible for speech-language services. An IEP shall be in effect before special education and related services are provided to a student with a disability and such IEP shall be implemented as soon as possible following the IEP meeting.

• Annual reviews - According to 6A:14-3.7, annually, or more often if necessary, the IEP team shall meet to review and revise the IEP and determine placement:

  • The annual review of the IEP for a preschool student with disabilities shall be completed by June 30 of the student's last year of eligibility for a preschool program.

  • The annual review of the IEP for an elementary school student with disabilities shall be completed by June 30 of the student's last year in the elementary school program. The annual review shall include input from the staff of the secondary school.

• Reevaluations - According to 6A:14-3.8, within three years of the previous classification, a multi-disciplinary reevaluation shall be completed to determine whether the student continues to be a student with a disability. Reevaluation shall be conducted sooner if conditions warrant or if the student's parent or teacher requests the reevaluation. However, a reevaluation shall not be conducted prior to the expiration of one year from the date the parent is provided written notice of the determination with respect to eligibility in the most recent evaluation or reevaluation, unless the parent and district both agree that a reevaluation prior to the expiration of one year as set forth above is warranted. When a reevaluation is conducted sooner than three years from the previous evaluation as set forth above, the reevaluation shall be completed within 60 days of the date the parent provides consent for the assessments to be conducted as part of the reevaluation or by the expiration of the three year timeframe from completion of the prior evaluation or reevaluation, whichever occurs sooner.

When a reevaluation is completed:

• A meeting of the student's IEP team shall be conducted to determine whether the student continues to be a student with a disability. A copy of the evaluation report(s) and documentation of the eligibility shall be given to the parent at least 10 days prior to the meeting.

• If the student remains eligible, an IEP team meeting shall be conducted to review and revise the student's IEP.

• Preschool - By June 30 of a student's last year of eligibility for a program for preschoolers with disabilities, a reevaluation shall be conducted and, if the student continues to be a student with a disability, the student shall be classified.