New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 14 - SPECIAL EDUCATION
Subchapter 2 - PROCEDURAL SAFEGUARDS
Section 6A:14-2.5 - Protection in evaluation procedures

Universal Citation: NJ Admin Code 6A:14-2.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) In conducting an evaluation, each district board of education shall:

1. Use a variety of assessment tools and strategies to gather relevant functional and developmental information, including information:
i. Provided by the parent that may assist in determining whether a child is a student with a disability and in determining the content of the student's IEP; and

ii. Related to enabling the student to be involved in and progress in the general education curriculum or, for preschool children with disabilities, to participate in appropriate activities;

2. Not use any single procedure as the sole criterion for determining whether a student is a student with a disability or determining an appropriate educational program for the student; and

3. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(b) Each district board of education shall ensure:

1. That evaluation procedures including, but not limited to, tests and other evaluation materials according to N.J.A.C. 6A:14-3.4:
i. Are selected and administered so as not to be racially or culturally discriminatory; and

ii. Are 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 unless it is clearly not feasible to do so; and

iii. Measure the extent to which a student who is a multilingual learner has a disability and needs special education, rather than measure the student's English language skills;

2. Any standardized tests that are administered:
i. Are selected and administered so as not to be racially or culturally discriminatory; and

ii. Are administered by certified personnel trained in conformance with the instructions provided by the standardized tests' producer(s);

3. The student is assessed in all areas of suspected disability;

4. Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student are provided;

5. Tests are selected, administered, and interpreted, so that when a student has sensory, manual, or communication impairments, the results accurately reflect the ability that the procedure purports to measure, rather than the impairment, unless that is the intended purpose of the testing;

6. The evaluation is conducted in accordance with the procedures at N.J.A.C. 6A:14-3by a multi-disciplinary team of professionals consisting of at least two members of the child study team and, where appropriate, other specialists. At least one evaluator shall be knowledgeable in the area of the suspected disability; and

7. In evaluating each student with a disability, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the suspected eligibility category.

(c) Upon completion of an initial evaluation or reevaluation, a parent may request an independent evaluation if there is disagreement with the initial evaluation or a reevaluation provided by a district board of education. A parent shall be entitled to only one independent evaluation at the district board of education's expense each time the district board of education conducts an initial evaluation or reevaluation with which the parent disagrees. The request shall specify the assessment(s) the parent is seeking as part of the independent evaluation.

1. Such independent evaluation(s) shall be provided at no cost to the parent, unless the district board of education initiates a due process hearing to show that its evaluation is appropriate and, following the hearing, a final determination to that effect is made.
i. Upon receipt of the parental request, the district board of education shall provide the parent with information about where an independent evaluation may be obtained and the criteria for independent evaluations according to (c)2 and 3 below. In addition, the district board of education shall take steps to ensure that the independent evaluation is provided without undue delay; or

ii. Not later than 20 calendar days after receipt of the parental request for the independent evaluation, the district board of education shall request the due process hearing.

2. Any independent evaluation obtained at the district board of education's expense shall:
i. Be conducted according to 6A:14-3.4; and

ii. Be obtained from another public district board of education, educational services commission, jointure commission, a clinic or agency approved pursuant to N.J.A.C. 6A:14-5, or a private practitioner who is appropriately certified and/or licensed, where a license is required.

3. An independent medical evaluation may be obtained according to 6A:14-5.1(e).

4. Any independent evaluation submitted to the district board of education, including an independent evaluation obtained by the parent at private expense, shall be considered in making decisions regarding special education and related services.

5. If a parent requests an independent evaluation, the district board of education may ask the parent to explain why he or she objects to the district board of education's evaluation. However, the district board of education shall not require an explanation and the district board of education shall not delay either providing the independent evaluation or initiating a due process hearing to defend the district board of education's evaluation.

6. For any independent evaluation, whether purchased at the district board of education's or private expense, the district board of education shall permit the evaluator to observe the student in the classroom or other educational setting, as applicable.

7. If an administrative law judge orders that an independent evaluation be conducted, the independent evaluation shall be obtained by the district board of education in accordance with the decision or order of the administrative law judge, and the district board of education shall pay the cost of the independent evaluation.

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