Accessing special education services involves multiple steps. Use the outline below to navigate your way through the process.
A parent, healthcare provider, teacher, or other professional can make a referral for special education services for a child who may have a disability. The referral is made to a designated person or office in the school district. Although this varies from district to district, the referral is often made to the Director of Special Education or the building principal at the elementary level, or the Director of Guidance at the secondary level. (Contact the Special Education Office in your local school district to determine the designated person or office.) Once received, the referral must be forwarded to an evaluation team within 10 days.
Ask for information about the parent advisory committee in your local school district. The parent advisory committee is a group of parents who meet with the school department, typically with the Special Education Director, on a regular basis. The parents on the committee give their advice, input, and feedback on issues related to special education services. There is also a parent advisory committee on the state level
Your child’s evaluation team could include:
The school system has 10 school days upon the receipt of the referral to hold a meeting of the evaluation team. The evaluation team meets to review the referral with you and determine if your child needs to be evaluated. The purpose of evaluation is to get more information about the child’s educational needs. If needed, the team decides which evaluations should be done.
If the evaluation team decides that evaluations are not needed, the team must notify the parents in writing of its decision and the reasons for it within 10 school days. If the parent does not agree, then they may request mediation or a due process hearing to resolve the issue.
The evaluation team should also consider a referral for a 504 plan. If the evaluation team decides that evaluations are needed, parents will be asked to sign a Consent to Evaluate form. This form gives the school system permission to evaluate the child in the areas agreed upon. The school system has 60 calendar days, including weekends and holidays, to evaluate the child, complete written reports, and meet with the parents. Upon completion of the evaluations, the evaluation team will reconvene with the family to discuss the child’s evaluation results and determine if the child is eligible to receive special education services.
Students not eligible for special education services may be provided for under Section 504 of the Rehabilitation Act of 1973. Section 504 of the Rehabilitation Act of 1973 is a broad civil rights statute that prohibits discrimination against individuals based solely upon their disability. School systems who receive federal funds are required to have a process to identify students with disabilities as defined under Section 504 and to develop 504 plans which provide reasonable accommodations for the student to access education programs or activities. For more information, contact your local school department and ask for the 504 plan coordinator.
Once your child is determined eligible for special education services, an IEP is developed. The IEP is a legal document. It serves as a written agreement between the school district and the parents about how to meet each of the child’s needs that result from the child’s disability.
The IEP is developed by an IEP team. All school professionals who are or will be involved in educating your child should be a part of the IEP team. Your child’s IEP team must include:
In addition, parents have the right to invite other individuals who they feel should be part of the IEP team.
An initial meeting is held to develop an IEP for your child (and annually after that). The date and time of the IEP meeting should be convenient for both the parents and school professionals. A notification of the meeting should be sent to everyone who is invited to the meeting. The opening of the meeting should include introductions of all participants so that everyone has a clear understanding of who the participants are and what their role is in the development of the child’s program.
During the meeting, participants should:
During an initial IEP meeting, participants discuss where special education and other related services will take place. The Individuals with Disabilities Education Act (IDEA) presumes that a child will be educated in the regular education classroom in the school that the child would attend if not disabled, with the appropriate supplementary aids, services, program modifications, and supports to school staff. Before a child can be placed outside of the regular education classroom, the full range of supplementary aids and services that would facilitate the child’s placement in the regular education classroom must be considered.
If the IEP team decides that a particular child cannot be educated satisfactorily in the regular education classroom, even with appropriate supplementary aids and services, that child could then be placed in a setting other than the regular education classroom.
In all cases, decisions must be individually determined on the basis of each child’s abilities and needs, and not solely on factors such as:
Rather, each student’s IEP forms the basis for the decisions.
Procedural safeguards are parents’ rights specified by state and federal law. The local school district must ensure that parents fully understand their rights in the special education system. These are often referred to as “due process” rights.
Parents are entitled to a written copy of their procedural safeguards:
Procedural safeguards must be provided in language understandable to parents. Parents are entitled to an explanation of the procedural safeguards, as well as any needed clarification in parents’ native language.
Procedural safeguards include ways to resolve disagreements during the referral, evaluation, or IEP team processes. At any time that parents find that they disagree with school professionals, they are encouraged to ask the school to explain their rights. For more information on parents’ rights, contact an advocacy organization.
