• Special Education Eligibility


    After the agreed upon assessments are completed, a written report of each assessment is prepared. A copy of the evaluation report(s) and documentation 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. N.J.A.C. 6A:14-3.5(a)

    Notice of a Meeting

    Meetings to determine eligibility and develop an IEP shall, if feasible, be combined as long as the requirements for notice of a meeting are met. N.J.A.C. 6A: 14-2.3(k)

    Meeting Participants

    Eligibility is determined collaboratively by the parent, a teacher knowledgeable about the student's educational performance and/or about the district's programs, the student where appropriate, at least one CST member who participated in the evaluation, the case manager and/or other appropriate individuals at the discretion of the parent or school district. N.J.A.C. 6A: 14-2.3(k)1

    Determining Eligibility

    A student shall be determined eligible and classified "eligible for special education and related services" when:

    • The student must have one or more of the disabilities defined in N.J.A.C. 6A:14-3.5(c)1-14.
    • The disability adversely affects the students educational performance; and
    • The student is in need of special education and related services.

    Within 15 calendar days of the meeting, the parent will be provided with written notice of the determination that the student is ineligible for special education and related services and a copy of the short procedural safeguards statement.

    Determined Not Eligible

    A student shall not be determined eligible if the determinant factor is due to a lack of instruction in reading, including the essential components of reading instruction, or math, or due to limited English proficiency. N.J.A.C. 6A: 14-3.5(b)


    How is eligibility determined?

    When the evaluation is completed, eligibility is determined collaboratively at a meeting according to N.J.A.C. 6A:14-2.3(k).

    To be eligible for special education and related services:

    • A student must have a disability according to one of the eligibility categories according to N.J.A.C. 6A:14-3.5(c);
    • The disability must adversely affect the student’s educational performances; and
    • The student must be in need of Special Education and Related Services (specially designed instruction).

    The school district must provide a copy of the evaluation report(s) and documentation to be used to make a determination of eligibility to the parent (or adult student, when applicable) not less than 10 days prior to the meeting.

    If a student is eligible, does that mean he or she will be in a special education class?

    No, before a student receives services an Individual Education Program must be developed and agreed to. In Cherry Hill, the goal is to serve students in the Least Restrictive Environment, which is specific to each student.