My child is struggling 
Now that my child has 
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Feel free to ask questions about the types of teaching methods or interventions the teacher is recommending so you understand how your child will be taught and what kind of progress is expected. You always have the right to request a formal evaluation (Chapter 3) if you don’t believe your child is making adequate progress through pre-referral approaches.
So, if your child is having trouble learning, it doesn't necessarily mean that he or she has a disability, such as a specific learning disability. A learning disability may be one possible source of the problem, but there may be others:
- The school's approach to teaching basic academic skills like reading may not be achieving adequate results for all students.
- Your child's previous learning may not have prepared him or her sufficiently for the lessons the teacher is presenting.
- Cultural and/or language differences might present a barrier to communication with the teacher or prevent access to the learning materials.
- Another condition, such as attention difficulties, poor hearing, or vision, may be affecting learning.
Here are a few different ways that the school may provide assistance to your child before a formal evaluation for special education programs is considered:
- Early Intervening Services
- Reading First
- Response-to-Intervention (this third process, strongly encouraged by IDEA 2004, is discussed in detail in Chapter 2.
Early Intervening Services
A new provision in IDEA 2004 — called Early Intervening Services — is designed to encourage school districts to provide additional support for struggling students within the general education classroom.
IDEA 2004 allows school districts the option of using a portion (up to 15%) of their federal special education funds to develop and implement coordinated Early Intervening Services for children in kindergarten through Grade 12 who are not currently identified as needing special education or related services but who need additional academic and behavioral support to succeed in general education. IDEA 2004 particularly encourages school districts to use this new option in kindergarten through Grade 3.
This money can be used for professional development (teacher training) as well as for providing direct services for your child. These services may include educational and behavioral evaluations, services and supports such as beginning and/or remedial reading instruction, interventions to address behavior, small group instruction, and instruction in the use of adaptive and instructional software (computer programs that improve the student's access to information or target specific academic skills). IDEA 2004 requires that the academic and instructional interventions used must be backed by scientifically based evidence of their effectiveness.
When these supports are successful, both the school and the student can benefit. The school can save money on costly evaluations required to determine eligibility for special education as well as the additional costs associated with special education services. Typically, pre-referral interventions are provided in the student's regular classroom so they receive support aimed at helping him or her work at grade level. The goal is to help as many students as possible reach their potential in school without needing to be placed in special education programs.Important Note:
Don't confuse Early Intervening Services with "early intervention services" provided to children younger than school age under IDEA.
Over Identification. In some areas of the U.S., students of different cultural backgrounds are diagnosed as having disabilities more frequently than would be expected based on their share of the population. For example, African American children may be more frequently diagnosed as having a disability than white children. This concern with "over identification" is yet another reason that Early Intervening Services was added to IDEA 2004.
If a school district has been determined to have significant over identification (or "disproportionality") the district may be required to use IDEA funds for Early Intervening Services to provide pre-referral services to students showing academic and/or behavioral difficulties, and particularly for those children in ethnic groups that have been significantly over-identified as needing special education services.
Important Note:
While Early Intervening Services are funded by IDEA, parents should understand that the Procedural Safeguards afforded to students and their parents under IDEA (described in Chapter 4: Procedural Safeguards) do not apply to students receiving Early Intervening Services because they are not currently eligible for formal services under IDEA, which is explained in Chapter 6: Eligibility Determination. However, some IDEA protections, such as those for students involved in school disciplinary actions, may apply. See Chapter 11: Dispute Resolution Options for additional information.
