N.J.A.C. 6A: 14
"Code" Pt. 1
"Code" Pt. 1
What does IEP stand for, and who are the members of the IEP team?
What is an Individualized Education Program; members include a School Psychologist, Social Worker, Learning Consultant, Teacher, Parent, and relevant therapists or specialists *Speech Language Pathologist, Occupational Therapist / Physical Therapist.
Which law ensures services to children with disabilities throughout the nation?
Individuals with Disabilities Education Act (IDEA).
What are the three 'prongs' or requirements a child must fulfill in order to meet the eligibility criteria for Special Education and Related Services?
To be eligible for Special Education, a child must satisfy three key requirements: 1) They must have a disability as specified in the statute, 2) Their disability must hinder their ability to participate effectively in general education classes, and 3) They must require special education and related services due to their disability.
What does ESLS stand for, and what areas does it encompass in the context of special education?
ESLS stands for "Eligible for Speech and Language Services," and is sometimes known as a “Speech-Only” IEP. It primarily addresses speech disorders such as articulation, phonology, fluency, and voice. However, ESLS can also encompass language services, but only after a comprehensive evaluation by the Child Study Team (CST) has been conducted.
List the 7 steps in the Special Education Process.
Referral & Identification, Evaluation, Eligibility Determination, Development of the IEP, Implementation of the IEP, Monitoring the IEP, Annual Review/ Triennial Reevaluation
Name at least 5 required components of an IEP.
Present Levels, Goals/Objectives, Supports for School Personnel, State and District Assessments, Accommodations, Modifications & Supplementary Aids/Services,Programming, Behavioral Interventions, Transition, Graduation Requirements, Special Ed Determinations & ESY, Related Services, Placement in the LRE
According to the IDEA's mandate, what are children who meet the definition of “a child with a disability” entitled to receive?
Under the IDEA (Individuals with Disabilities Education Act), children identified as “a child with a disability” are entitled to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
What is the minimum number of evaluations required for an initial Child Study Team (CST) evaluation?
For an initial evaluation conducted by a Child Study Team (CST), a minimum of two evaluations are required. These evaluations must be conducted by 2 different domains and professionals to cover various aspects of the student's abilities and needs, ensuring a comprehensive assessment for determining eligibility for special education services.
Do service providers need to evaluate students to dismiss them from services?
Students can be dismissed from related services without formal testing. The decision is based on a comprehensive evaluation of the student's progress and current needs, as determined by the service provider and IEP team.
How should a student with a hearing impairment, requiring only speech services, be appropriately classified under IDEA?
Under IDEA, a student solely with a hearing impairment should be classified as 'Auditorily Impaired', not under ESLS. They are eligible for speech services as part of an ESERS IEP, which provides Special Education and Related Services.
Explain the difference between an accommodation and a modification in special education.
Accommodations change how a student learns the material, while modifications change what a student is taught or expected to learn.
What is the difference between a 504 Plan and an IEP?
A 504 Plan provides accommodations and modifications to students with disabilities within the general education setting and doesn’t require specialized instruction. An IEP provides individualized special education and related services to meet the unique needs of a child with a disability.
What is the minimum number of evaluations required for a CST re-evaluation?
At least ONE evaluation is typically required. The exact number and type of evaluations can depend on the specific circumstances and needs of the child.
Are Service Providers required to test, using formal assessments, during Re-evaluations?
No. Service providers do not need to test during re-evaluations. However, SLPs ARE required to test, during Re-evaluations of students who are classified as Communication Impaired and there is a need to change this classification
What are the compliance timelines for Initials, Re-evals, Intakes, Annuals, and IEPs?
Initial Referral to Identification Meeting: Within 20 days., Initial Evaluation Consent to Initial Eligibility & IEP Meetings: Within 90 days, with the IEP meeting held within 30 days of the Eligibility meeting., Re-Evaluation Consent to Reevaluation IEP Meeting: Within 60 days., Intake Re-Evaluation Consent to UC IEP Meeting: Within 30 days., Annual Review IEPs: At least once a year., Re-Evaluations: Conducted within 3 years of the previous classification and not more than once a year., Parent Review of IEP before it goes into effect (Re-evals and Annuals only): 15 days.
What is the process for accepting an IEP from another state?
A Reevaluation with testing must be completed within 30 days of enrollment, if: The student transfers in from another state. The student arrives with out-of-date assessment info (i.e. more than one year). The student transfers within the state of NJ with no / incomplete evaluation history. The CST is changing the student’s classification or program/placement (This includes individual aides)
Which law ensures the privacy and protection of students' educational records?
The privacy of students' educational records is protected under the Family Educational Rights and Privacy Act, commonly known as FERPA.
What is the criteria for qualifying and classifying preschool students for special education services?
A "preschool child with a disability" is one who is between the ages of three and five years old and has a developmental delay defined as either: A 33% delay in one developmental area, or A 25% delay in two or more developmental areas; And Requires special education and related services.
When considering a student with Selective Mutism, what factor determines whether a Speech-Language Pathologist (SLP) should provide treatment, and what alternative intervention might be more appropriate if certain conditions are met?
If there is evidence that the student is capable of speaking and there are no additional communication concerns observed or reported, the issue is likely psycho-social rather than a speech-language disorder. In such cases, counseling would be a more appropriate intervention than treatment by an SLP.
How should schools approach the evaluation of English Language Learners (ELLs) for special education services to ensure compliance with legal frameworks?
Schools must conduct thorough, culturally and linguistically appropriate assessments for English Language Learners to distinguish between challenges due to English language acquisition, lack of instruction, cultural or dialectal differences, and potential learning disabilities. These evaluations should ideally be in the student's native language and involve professionals skilled in both ELL education and special education, to ensure an accurate identification and provision of necessary services.
Name 5 situations where parental consent is required according to N.J.A.C. 6A:14-2.3.
Before conducting Initial Assessments, Before Implementing the Initial IEP, Before Reevaluation Assessments (except in cases where the district demonstrates reasonable efforts to obtain consent, and the parent fails to respond.) Before Releasing Student Records, Accessing Private Insurance (Each time), Accessing Public Benefits or Insurance (for the First Time Only), IEP Team Member Excusal, Amending IEP Without a Meeting, Waiving Reevaluation
In the special education process, what are the two key documents that schools must give to parents?
The Procedural Safeguards Notice and the Parental Rights in Special Education (PRISE) document.
What are five essential components that must be included in a special education evaluation report?
Reason for Evaluation, Method of Assessment, Review of Records, Vision, Hearing, and relevant Medical/Developmental Information, Student Observation, Parent Interview, Teacher Interview, Student Interview (if applicable), Standardized Assessment Information, Standardized Test Scores (if applicable), Educational Impact Statement, Summary
Are related service providers obligated to evaluate pre-kindergarten students who received Early Intervention (EI) services and are showing signs of a developmental delay?
No, related service providers are not automatically required to evaluate pre-kindergarten students who previously received Early Intervention services and show signs of developmental delay. The decision for further evaluation is based on a comprehensive review of the child's developmental/medical/ environmental history, current performance, and the nature of the delays, to determine if they suggest a disability beyond what EI addressed.
If a student qualifies under multiple eligibility categories, which eligibility category do you classify them as?
The primary disability that most significantly impacts their education. This primary disability should be the one that dictates the specialized instruction and services required in the student's educational program.
In terms of compliance timelines, what is the timeframe for the Child Study Team (CST) to conduct a meeting after a parent's request, and what is the deadline for providing written notice of the decision made at that meeting?
Following a parent's request, the CST must conduct the meeting within 20 calendar days, excluding district board of education holidays but including summer vacation. After the meeting, the CST has a deadline of 15 calendar days to provide the parent with written notice of the decision made.
When are Child Study Teams (CSTs) specifically required to provide parents with procedural safeguards in the special education process?
Once a year. A copy shall also be provided: i. Upon referral for an initial evaluation; ii. Upon request by a parent; iii. When a request for a due process hearing is submitted to the Department of Education; iv. When a request for a complaint investigation is submitted to the Department of Education; and v. When a student is removed for disciplinary reasons and the removal constitutes a change in placement as described in N.J.A.C. 6A:14-2.8.
What happens when a parent revokes consent for special education and related services?
Upon a parent's revocation of consent for special education services, the district board of education must provide written notice to the parent within 10 days and cease the services after a 15-calendar-day notice period, unless the revocation is rescinded in writing within that period.
Why have schools moved away from using 504 Plans for providing speech services?
504 Plans are typically reserved for accommodations in general education, not specialized instruction or related services like speech therapy. Speech services are more appropriately provided under an IEP, which is designed to offer specialized instruction and support.
When placing and programming students in special education, what is the critical factor in deciding their Least Restrictive Environment (LRE)?
The primary factor in deciding the Least Restrictive Environment (LRE) for students in special education is to find a balance that allows for the greatest possible inclusion with non-disabled peers, while also providing the specific supports and services necessary for the student's educational success. Importantly, this decision should be based on the student's specific needs and abilities, not solely on their disability classification. This decision should be based on the individual's needs, ensuring they can participate in general education settings to the fullest extent appropriate, irrespective of their disability category.