The definition of special education comes from the Individuals with Disabilities Education Act (IDEA). This law gives children with disabilities, ages 3 through 21, the right to receive special services and assistance in school.  Each child receives instruction that is specially designed:

• To meet his or her unique needs (that result from having a disability); and
• To help the child learn the information and skills that other children are learning in the general education curriculum

When a child meets the definition of a “child with a disability;” there are 13 disability categories under which a child may be found eligible for special education and related services.  They are the following:

• Autism
• Deafness
• Deaf-blindness
• Hearing impairment
• Intellectual disabilities
• Multiple disabilities
• Orthopedic impairment
• Other health impairment
• Serious emotional disturbance
• Specific learning disability
• Speech or language impairment
• Traumatic brain injury
• Visual impairment, including blindness

(Descriptions of these categories may be found online at: parentcenterhub.org)

There are basically two ways a child can become eligible:

• You can ask the school to evaluate your child by writing the director of special services or the principal of your child’s school.  Describe your concerns and request an evaluation.
• The school can be concerned about how your child is learning and developing.  In that scenario the school must ask your permission and receive your written consent before an evaluation can be done.  Once consent is received, the evaluation must be completed within 60 days. 

However, there is a caveat here regarding evaluation when a parent/guardian requests it.  The does not have to evaluate your child if they feel a referral is not warranted based on their review of your child’s records and teacher reports.  The decision must be in writing and include the reasons why the referral was refused.  If you disagree with the decision, there are materials that describe the steps a parent/guardian can take to appeal a decision. 

The Child Study Team (CST) must investigate all the possible areas your child may be affected by a disability: health, vision, hearing, social and emotional well-being, general intelligence, performance in school, how well your child communicates with others and how well they use their body.  An individualized evaluation plan must be designed and agreed to by you and the CST members.

Steps of the evaluation process:

1. The CST will review information the school already has about your child.  This can include, but not be limited to scores on tests given in the classroom, opinions and observations of your child’s teacher (and possibly other school staff), and your feelings, concerns, and ideas about how your child is doing.
2. If the CST feels a formal evaluation is warranted, they will collect additional information such as medical history, when it relates to performance in school, as well as your input regarding your child’s school experiences, abilities, needs, and behavior outside of school. The team will include (but necessarily be limited to ) a regular education teacher, special education teacher, school psychologist, learning consultant, speech and language pathologist, occupational therapist, physical therapist, medical specialist, and yourself, depending on the individual evaluation plan and perceived needs of your child. 
3. Your child will be observed and interviewed by the professionals who will also administer tests in academic, social/emotional, and language areas.  Professionals must also include “functional” assessments in addition to standardized tools.
4. The team will look at all of the information gathered during the evaluation and decide if your child has a disability in one of the 13 categories. 

Note: You can appeal if your child is not found to be eligible for special education.  You can decline services if you do not want your child to receive special education and related services.  The school can only provide such services if you agree.

Once your child if found eligible, you will be part of the process (as well as your child, when appropriate) to write an Individualized Education Program (IEP).  This document describes the educational program individually designed to meet the needs of your child.  It will set learning goals and state the supports and services the school district will provide.  Specific statements must be included in the IEP:

• Present levels of academic achievement and functional performance
• Annual goals (what your child can reasonable accomplish in a year)
• Special education and related services to be provided, including supplementary aids and services
• Participation with children without disabilities
• Dates and location: when services begin, how often provided, where they are provided, and how long they will last
• Participation in state and district-wide assessments (accommodations, alternate assessment)
• Transition services (age 16 or older)
• Measuring progress

An initial IEP cannot be implemented without a parent/guardian’s written consent.

Summarized from Questions Often Asked by Parents about Special Education Services, Center for Parent Information and Resources, Lisa Kupper, NICHCY, April 2009.