N.J. Admin. Code § 6A:14-3.4 - Evaluation
(a) The child study team, the parent, and the
general education teacher of the student who has knowledge of the student's
educational performance or, if there is no teacher of the student, a teacher
who is knowledgeable about the school district's programs shall:
1. Review existing evaluation data on the
student including evaluations and information provided by the parents, current
classroom-based assessments and observations, and the observations of teachers
and related services providers, and consider the need for any health appraisal
or specialized medical evaluation;
2. On the basis of the review at (a)1 above,
identify what additional data, if any, are needed to determine:
i. Whether the student has a disability under
this chapter;
ii. The present
levels of academic and functional achievement and related developmental needs,
and educational needs of the student; and
iii. Whether the student needs special
education and related services; and
3. Determine which child study team members
and/or specialists shall conduct each assessment that is part of the
evaluation.
(b) Prior to
conducting any assessment as part of an initial evaluation, the district board
of education shall request and obtain consent to evaluate according to
N.J.A.C.
6A:14-3.3(e).
(c) If the parent refuses to provide consent
to conduct the initial evaluation, the district board of education may file for
a due process hearing pursuant to
N.J.A.C.
6A:14-2.7 to compel consent to
evaluate.
(d) The screening of a
student by a teacher or specialist to determine appropriate instructional
strategies for curriculum implementation shall not be considered to be an
evaluation for eligibility for special education and related
services.
(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 under
this chapter, and, if eligible, development and implementation of the student's
IEP shall be completed within 90 calendar days.
1. If the parent repeatedly fails or refuses
to produce the child for the evaluation, the time period above shall not
apply.
2. 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 the initial
evaluation was completed, and the new district board of education is making
progress to ensure a prompt completion of the evaluation, and the district
board of education and parent agree to a specific modified timeframe for
completing the evaluation, the agreed-upon timeframe for completing the
evaluation shall be applied.
3. 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.
(f) An
initial evaluation shall consist of a multi-disciplinary assessment in all
areas of suspected disability. An initial evaluation shall include at least two
assessments and shall be conducted by at least two members of the child study
team in the areas in which the child study team members have appropriate
training or are qualified through their professional licensure or educational
certification and other specialists in the area of disability as required or as
determined necessary. Each evaluation of the student shall:
1. Be conducted in the language or form most
likely to yield accurate information on what the child knows and can do
academically, developmentally, and functionally, unless it is not feasible to
do so;
2. Apply standards of
validity, reliability, and administration for each assessment by trained
personnel in accordance with the protocols and instructions of the producer of
the assessment;
3. Include, where
appropriate or required, the use of a standardized test(s) that shall be:
i. Individually administered;
ii. Valid and reliable;
iii. Normed on a representative population;
and
iv. Scored as either standard
score with standard deviation or norm referenced scores with a cutoff
score;
4. Include a
functional assessment of academic performance and, where appropriate, a
functional behavioral assessment, an assessment of the language needs of a
child who is a multilingual learner, assessment of the student's communication
needs, and assessment of the need for assistive technology devices and
services. Each of the following components shall be completed by at least one
evaluator:
i. A minimum of one structured
observation by one evaluator in other than a testing session;
(1) In the case of a student who is suspected
of having a specific learning disability, one evaluator shall observe the
student's academic performance in the general education classroom;
(2) In the case of a preschool-age student, a
child study team member in an environment appropriate for a child of that
age;
ii. An interview
with the student's parent;
iii. An
interview with the teacher(s) referring the potentially disabled
student;
iv. A review of the
student's developmental/educational history, including records and
interviews;
v. A review of
interventions documented by the classroom teacher(s) and others who work with
the student; and
vi. One or more
informal measures, which may include, but not be limited to: surveys and
inventories; analysis of work; trial teaching; self-report; criterion
referenced tests; curriculum-based assessment; and informal rating scales;
and
5. Beginning at age
14, or younger if appropriate, include assessment(s) to determine appropriate
postsecondary outcomes.
(g) When the suspected disability is a
disorder of articulation, voice, or fluency pursuant to
N.J.A.C.
6A:14-3.6(b), the
speech-language specialist shall:
1. Meet
with the parent and the student's general education teacher who is
knowledgeable about the student's educational performance or, if there is no
general education teacher, a general education teacher who is knowledgeable
about the school district's programs to review existing data on the student,
including evaluations and information provided by the parents, current
classroom-based assessments and observations, and the observations of teachers
and related services providers;
2.
Obtain consent to conduct the evaluation pursuant to
N.J.A.C.
6A:14-2.3(a)1;
3. Conduct an assessment pursuant to (f)1
through 4 above. The assessment shall include written information from the
classroom teacher of the educational impact created by the speech problem. The
assessment shall fulfill the requirement for multi-disciplinary evaluation as
required in (f) above; and
4.
Prepare a written report of the results according to (h)
below.
(h) A written
report of the results of each assessment shall be prepared. At the discretion
of the district board of education, the written report may be prepared
collaboratively by the evaluators or each evaluator may prepare an individually
written report of the results of his or her assessments. Each written report
shall be dated and signed by the individual(s) who conducted the assessment and
shall include:
1. An appraisal of the
student's current functioning and an analysis of instructional implication(s)
appropriate to the professional discipline of the evaluator;
2. A statement regarding relevant behavior of
the student, either reported or observed, and the relationship of that behavior
to the student's academic functioning;
3. If an assessment is not conducted under
standard conditions, the extent to which it varied from standard
conditions;
4. When a student is
suspected of having a specific learning disability, the documentation of the
determination of eligibility shall include a statement of:
i. Whether the student has a specific
learning disability;
ii. The basis
for making the determination;
iii.
The relevant behavior noted during the observation;
iv. The relationship of the behavior to the
student's academic performance;
v.
Educationally relevant medical findings, if any;
vi. If a severe discrepancy methodology is
utilized, whether there is a severe discrepancy between achievement and ability
that is not correctable without special education and related
services;
vii. The determination
concerning the effects of environmental, cultural, or economic
disadvantage;
viii. Whether the
student achieves commensurate with his or her age;
ix. If a response to scientifically based
interventions methodology is utilized, the instructional strategies utilized
and the student-centered data collected with respect to the student;
and
x. Whether there are strengths
and/or weaknesses in performance or achievement relative to intellectual
development in one of the following areas that require special education and
related services;
(1) Oral
expression;
(2) Listening
comprehension;
(3) Written
expression;
(4) Basic reading
skill;
(5) Reading fluency
skills;
(6) Reading
comprehension;
(7) Mathematics
calculation; and
(8) Mathematics
problem solving;
5. Additionally, each child study team member
shall certify, in writing, whether his or her report is in accordance with the
conclusion of the student's eligibility. If his or her report does not reflect
the conclusion of eligibility, the child study team member must submit a
separate statement presenting his or her conclusions; and
6. When a response to scientifically based
interventions methodology is utilized to make the determination of whether the
student has a specific learning disability, the district board of education
shall:
i. Ensure that such methodology
includes scientifically based instruction by highly qualified instructors, and
that multiple assessments of student progress are included in the evaluation of
the student;
ii. Not be required
to include more than the assessment conducted pursuant to the district board of
education's response to scientifically based intervention methodology in the
evaluation of a student; and
iii.
If the parent consents in writing, extend, as necessary, the time to complete
an evaluation pursuant to (c) above.
(i) When conducting an initial evaluation or
reevaluation, the reports and assessments of child study team members or
related services providers from other public school districts, Department of
Education approved clinics or agencies, educational services commissions or
jointure commissions, or professionals in private practice may be submitted by
the parents to the child study team for consideration. Each report and
assessment shall be reviewed and considered by the child study team member or
related services provider with relevant knowledge or expertise. A report, or
component thereof, may be utilized as a required assessment, if the assessment
has been conducted within one year of the evaluation and the child study team
determines the report and assessment meet the requirements of (h)
above.
(j) Upon receipt of a
written referral to the child study team, the school nurse shall review and
summarize available health and medical information regarding the student and
shall transmit the summary to the child study team for the meeting according to
(a) above to consider the need for a health appraisal or specialized medical
evaluation.
Notes
See: 30 N.J.R. 2852(a), 30 N.J.R. 3941(a).
Added (i).
Amended by R.2000 d.230, effective
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Rewrote the section.
Amended by R.2001 d.397, effective
See: 33 N.J.R. 2375(a), 33 N.J.R. 3735(b).
In (d), added 3; in (f), added 5.
Amended by R.2003 d.387, effective
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (e), Amended the NJAC reference.
Amended by R.2006 d.315, effective
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.
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