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Special Education Evaluations

Male teen student struggling with test - David Giles, Special education lawyer, South Orange NJEvaluation of your child is an important early step in securing the appropriate special education services for your child with disabilities. The entire process begins with something called “referral.” Parents or the school district may initiate this process. For the parent to initiate the referral, a written request for an evaluation is made to the school district, usually to the Director of Special Education Services. This request can be made at any time.

When Should I Request an Evaluation?

If you know your child has been struggling in school, and you think his or her problems may be due to a disability, you should consider requesting an evaluation. The school district can also contact you to request to evaluate your child. This evaluation is free of charge.

The school’s Child Study Team (CST) must convene a meeting to assess your child within 20 days of receiving your written request for the evaluation, and decide if your child meets eligibility for special education services. The CST must provide a written response with their decision to you within 15 days of the meeting.

The school district may decline to find your child eligible and refuse to do a full evaluation, or determine that a full evaluation is needed.

If the School District Denies Initial Evaluation

If the district decides to deny your initial written request for determination of eligibility and evaluation, the district may make recommendations for other services and interventions, including those available under Section 504, or by referral to community services or state agencies. If you as the parent disagree with this initial denial to evaluate, you may file for mediation and/or Due Process [link] to resolve the disagreement.

If the School District Agrees to Evaluate

If the CST determines that your child is eligible and a full evaluation is warranted, a meeting will be scheduled to secure your written consent and to determine the scope of the evaluation. Your written consent is required for the evaluation to be made. You have 15 days to consider your consent and the proposed evaluations.

The school district may conduct the evaluation itself with appropriate school personnel. Teacher assessments and interventions do not meet the criteria for an evaluation. IDEA requires that students referred for special education services must be evaluated by a qualified multi-disciplinary team that includes at least one teacher or specialist with specific knowledge of the student’s disability. Testing instruments used must be validated and assess specific areas of individual need. Evaluation procedures must be selected and administered so as not to be racially or culturally discriminatory, and must be provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally. If the school district does not have the personnel or resources to conduct an evaluation, the school district must obtain a private evaluation at its own expense.

The school district has 90 days from its receipt of your written consent to conduct appropriate evaluations, and develop and implement an Individualized Education Program (IEP) for your child. The district must provide you with copies of the evaluations at least 10 days prior to an Eligibility Meeting to determine your child’s classification. In many cases this Eligibility Meeting will also include the development of the initial IEP. As members of the IEP team, parents are entitled to full participation in this meeting.

If you agree with the evaluation results and the IEP that has been developed, you must consent to this initial IEP in writing before it is implemented. Once implemented, the school district is required to review the IEP, and modify its goals, objectives and interventions each year, and to conduct re-evaluations at least every three years.

If you disagree with the district’s evaluation, you may request an independent evaluation at the school district’s expense. At this point the school may contest your request for an independent evaluation by filing for Due Process. If you disagree with any part of the proposed IEP, you may file for mediation or Due Process within 15 days of receiving the final IEP document. If you do not file for Mediation or Due Process in this time frame, the IEP becomes official and the school district may implement it without your consent.

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