The Special Education Process Explained

 

 

 

 

Child is identified as possibly needing special education and related services.

1

“Child Find.” The State must identify, locate, and evaluate all children with disabilities in the State who need special education and related services.

To do so, States conduct “Child Find” activities. A child may be identified by “Child Find,” and parents may be asked if the “Child Find” system can evaluate their child. Parents can also call the “Child Find” system and ask that their child be evaluated.

Or—

Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child’s teacher or other school professional to ask that their child be evaluated. This request may be verbal or in writing. Parental consent is needed before the child may be evaluated. Evaluation needs to be completed within 60 days after the parent gives consent (or, if the State has established a timeframe, within the State’s timeframe).

 

Child is evaluated.

2

 

The evaluation must assess the child in all areas related to the child’s suspected disability. The evaluation results will be used to decide the child’s eligibility for special education and related services and to make decisions about an appropriate educational program for the child. If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They may ask that the school system pay for this IEE. They may also request a due process hearing to challenge the school’s evaluation.

Eligibility is decided.

3

A group of qualified professionals and the parents look at the child’s evaluation results. Together, they decide if the child is a “child with a disability,” as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision.

Child is found eligible for services.

4

If the child is found to be a “child with a disability,” as defined by IDEA, he or she is eligible for special education and related services. Within 30 calendar days after a child is determined eligible, the IEP Team must meet to write an IEP for the child.

IEP meeting is scheduled

5

The school district schedues and conducts the IEP meeting

They must:

  • Notify the parents of the meeting date with advanced notice
  • The purpose of the meeting
  • Inform the parents who will be attending
  • Advise that you have the right to request that the additional parent member of the CSE (who is a parent of a student with a disability residing in the district or a neighboring district) attend the meeting.  This request must be made in writing at least 72 hours (three days) before the meeting
  • Inform you that you have the right to invite other individuals who you determine to have knowledge or special expertise about your child.  (give 72 hours advanced notice)

 

IEP meeting is held and the IEP is written.

 

6

The IEP Team gathers to talk about the child’s needs and write the student’s IEP. Parents and the student (when appropriate) are part of the Team. If the child’s placement is decided by a different group, the parents must be part of that group as well.

Before the school system may provide special education and related services to the child for the first time, the parents must give consent. The child begins to receive services as soon as possible after the meeting.

If the parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP Team and try to work out an agreement. If they still disagree, parents can ask for mediation, or the school may offer mediation. Parents may file a complaint with the state education agency and may request a due process hearing, at which time a resolution session must be held and mediation must be available.

Services are provided.

7

The school makes sure that the child’s IEP is being carried out as it was written. Parents are given a copy of the IEP. Each of the child’s teachers and service providers has access to the IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the accommodations, modifications, and supports that must be provided to the child in keeping with the IEP.

Progress is measured and reported to parents.

8

The child’s progress toward the annual goals is measured, as stated in the IEP. His or her parents are regularly informed of the child’s progress and whether that progress is enough for the child to achieve the goals by the end of the year. Parents are provided with periodic reports on the progress the child is making toward meeting the annual goals.

IEP is reviewed.

9

The child’s IEP is reviewed by the IEP Team at least once a year, or more

often if the parents or school ask for a review. If necessary, the IEP is revised. Parents, as Team members, must be invited to attend these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.

If parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP Team and try to work out an agreement. There are several options, including additional testing, an independent evaluation, or asking for mediation or a due process hearing. They may also file a complaint with the state education agency

Child is reevaluated.

10

At least every three years the child must be reevaluated, unless the parents and school agree that a reevaluation is unnecessary. This evaluation is often called a “triennial.” Its purpose is to find out if the child continues to be a “child with a disability,” as defined by IDEA, and what the child’s educational needs are.

However, the child must be reevaluated more often if conditions warrant or if the child’s parent or teacher asks for a new evaluation.



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