Special Education

Special education is instruction that is specially designed to meet the unique needs of children who have disabilities. Special education and related services are provided in public schools at no cost to the parents and can include special instruction in the classroom, at home, in hospitals or institutions, or in other settings. This definition of special education comes from IDEA, the Individuals with Disabilities Education Act. This law gives eligible children with disabilities the right to receive special services and assistance in school.

More than 6.8 million children ages 3 through 21 receive special education and related services each year in the United States. Each of these children 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.

Children with disabilities are eligible for special education and related services when they meet IDEA’s definition of a “child with a disability” in combination with state and local policies. IDEA’s definition of a “child with a disability” lists 13 different disability categories under which a child may be found eligible for special education and related services. These categories are listed below. IDEA describes what each of these disability categories means. You’ll find those descriptions online at:
https://www.parentcenterhub.org/categories/

You can ask the school to evaluate your child. Call or write the director of special education or the principal of your child’s school. Describe your concerns with your child’s educational performance and request an evaluation under IDEA, to see if a disability is involved.

The public school may also be concerned about how your child is learning and developing. If the school thinks that your child may have a disability, then it must evaluate your child at no cost to you. The school must ask your permission and receive your written consent before it may evaluate your child. Once you provide that consent, the evaluation must be conducted within 60 days (or within the timeframe the state has established).

However, the school does not have to evaluate your child just because you have asked. The school may not think your child has a disability or needs special education. In this case, the school may refuse to evaluate your child. It must let you know this decision in writing, as well as why it has refused. This is called giving you prior written notice. (For more information about prior written notice, see Q&A on Parent Participation, available online at:
https://www.parentcenterhub.org/qa2

Evaluating your child means more than the school just giving your child a test. The school must evaluate your child in all the areas where your child may be affected by the possible disability. This may include looking at your child’s health, vision, hearing, social and emotional well-being, general intelligence, performance in school, and how well your child communicates with others and uses his or her body. The evaluation must be individualized (just your child) and full and comprehensive enough to determine if your child has a disability and to identify all of your child’s needs for special education and related services if it is determined that your child has a disability.

The evaluation process involves several steps. These are listed below.

A | Reviewing existing information
A team of people, including you, begins by looking at the information the school already has about your child. You may have information about your child you wish to share as well. The team will look at information such as:

• your child’s scores on tests given in the classroom or to all students in your child’s grade;
• the opinions and observations of your child’s teachers and other school staff who know your child; and
• your feelings, concerns, and ideas about how your child is doing in school.

B | Deciding if more information is still needed
The information collected above will help the group decide:

• if your son or daughter has a particular type of disability;
• how your child is currently doing in school;
• whether your child needs special education and related services; and
• what your child’s educational needs are.

If the information the team collects doesn’t answer these questions, then the school must collect more information about your child.

C | Collecting more information about your child
Your informed written permission is required before the school may collect additional information about your son or daughter. The school must also describe how it will collect the information. This includes describing the tests that will be used and the other ways the school will gather information about your child. After you give your consent, the school will go ahead as described. The information it gathers will give the evaluation team the information it needs to make the types of decisions listed above.

If the eligibility team decides that your child is not eligible for special education, the school system must tell you this in writing and explain why your child has been found “not eligible.” Under IDEA, you must also be given information about what you can do if you disagree with this decision.

Read the information the school system gives you. Make sure it includes information about how to appeal the school system’s decision. If that information is not in the materials the school gives you, ask the school for it. IDEA includes many different mechanisms for resolving disagreements, including Mediation. The school is required to tell you what those mechanisms are and how to use them.