How is it determined if my child will receive special education?

I sat in more IEP meetings throughout my career than I can count.  Most of the time, these initial meetings for IEP services went smoothly, and their children received the special education services and support they needed. For others, they were told their children did not meet the eligibility criteria for special education.  Sometimes, their reason was very clear-cut, while other times, the parents had a few more questions.

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Initial testing for special education

For any student to be considered for special education services, they must be tested by a multi-disciplinary team of evaluators. Depending on the suspected disability, the team would include a speech therapist only, or if a learning disability is suspected, a diagnostician will be involved. In the event ADHD, Autism, or emotional/behavioral concerns are suspected, a psychologist will be a part of the team. Once all the testing is completed and the evaluation results have been written in a report, an initial meeting will be scheduled and held with at least the testing members, the parent, the child’s teacher, and a special education teacher.

What does all of this mean?

For a child to be eligible for special education, two criteria must be met: one, they must be identified with a disability according to IDEA and second, needing special education services. I remember one particular IEP meeting I was sitting in where the child was identified with Autism; however, in discussing data regarding his academic and behavior from the formal testing and the teachers, it was determined he did not receive special education services from a special education teacher or the psychologist. Despite having a disability, he was considered a DNQ (does not qualify); nevertheless, he was able to receive accommodation supports and educational protections through Section § 504. 

Once the evaluation has been reviewed, if a child is determined to meet the two-prong criteria, the meeting will most likely move into the IEP (individual evaluation plan). The general education may talk about strengths and weaknesses in both academics and/or behavior, the special education teacher will share proposed goals to address deficits, accommodations in the classroom will be reviewed, state testing will be addressed if appropriate, and then the schedule of services will be recommended.  The parent has the right to speak up if they don’t agree with any of the above items.  

As I stated in one of my earlier posts, ideally, the parent and the school work in partnership, each bringing their expertise to the table. Yes, momma, you are the expert on your child. You see your child in other settings and have sat with them working through homework or at social events with other children.  Likely, you also have a dream or vision for your child going through school and beyond, so it’s important for your voice to be heard.

Regardless of when you have this initial meeting, this team will meet no less than once a year, or 36 instructional weeks, to discuss progress, review goals, accommodations, and schedule of services.  However, should you have concerns before, you have a right to call a meeting and discuss goals, accommodations, schedule of services, and additional testing if warranted. Likewise, if the school collects evidence to show a goal(s) has been met before the end of the 36 instructional weeks, they should call for a review meeting to update the goal.  They do not have to wait or waste instructional time focusing on the next goal: to bridge the gap between where your child is performing compared to other students without disabilities.

Wait, what is this thing Section § 504. 

Sometimes, when a student has a disability but does not need special education services, a Section § 504 can be set up. This does not change where your student is taught; they will stay in the general education classroom. It does not change what they are taught; they will still be required to complete the same curriculum as non-disabled peers.  They receive documented accommodations that all teachers must follow if it is identified for that class. Section § 504 is also a legally binding meeting with the parent, the child’s teacher, and, most of the time, an administrator.  It also has federally backed protections for your child.

Should you find yourself asking more questions about the process of testing, why my child is or is not receiving something in special education, or how to move between special education services and Section § 504, I’m available for consultation.