Parent(s) (and adult student, when applicable) are provided with written notice of a meeting to determine student eligibility for special education and related services and, if eligible, develop an Individualized Education Program (IEP). A copy of the Parental Rights in Special Education (PRISE) document should accompany the notice.

The participants of the eligibility meeting include:

• Parent;
• A teacher who is knowledgeable about the student's educational performance or district's programs;
• The student where appropriate;
• At least one child study team member who participated in the evaluation;
• The case manager;
• Other appropriate individuals at the discretion of the parent or school district;
• For an initial eligibility meeting, certified school personnel referring the student as potentially disabled, or the school principal or designee if they choose to participate.

Making the determination of eligibility

A student shall not be determined eligible if the determinant factor is due to a lack of instruction in reading or math, or limited English proficiency.

A student shall be determined eligible and classified "eligible for special education and related services" when: The student has one or more disabilities defined in 6A:14 - 3.5(c)1 - 13 The disability adversely affects the student's educational performance; and The student is in need of special education and related services

When a student is not eligible

Within 15 calendar days of the meeting, parent (and adult student, when applicable) will be provided with:

• Written notice of the determination that the student is ineligible for special education and related services;
• A copy of the short procedural safeguards statement; and
• A copy of the evaluation report(s) and determination of (in)eligibility, given to the parent (adult student, when applicable)

Disagreement

The parent (adult student, when applicable) may disagree with the determination by requesting mediation or a due process hearing or an independent educational evaluation.