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Special Services » Special Education Code

Special Education Code

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Overview of Eligibility Requirements

Under New Jersey Administrative Code Title 6A, Chapter 14, students between the ages of 3 and 21 are eligible for special education and related services if they meet the criteria for one or more of fourteen recognized disabilities.

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A meeting is held to determine eligibility for special education and related services, and parents must receive the evaluation documentation at least 10 calendar days beforehand.

 

To be deemed eligible and classified as "eligible for special education and related services," three criteria must all be met:

  1. The student has one or more of the fourteen specifically defined disabilities (see below).

  2. The disability adversely affects the student's educational performance.

  3. The student needs special education and related services. 

Importantly, eligibility cannot be determined if the student's difficulties are primarily due to:

 

  • A lack of instruction in reading (including essential components) or mathematics, or

  • Being a multilingual learner (ELL) whose challenges stem from language proficiency rather than a disability.

 

N.J.A.C. 6A:14 - Special Education Code