My child is struggling 
Now that my child has 
Next Steps
Eligible Students
If your child is found eligible for special education, the next step is to draft a proposed Individualized Education Program (IEP) for your child. An IEP must be developed within 30 calendar days of the determination that your child needs special education. Special education services may not be provided until an IEP has been developed and you have provided informed consent.
[New] Frequently, school districts will propose to combine both the eligibility meeting and the initial IEP meeting. In fact, IDEA 2004 encourages having these meetings at the same time. Combining meetings can save time for parents and school staff and can also allow the student to begin receiving services more quickly. However, if you object to such a process, let the school know that you prefer separate meetings to discuss your child's eligibility and to develop your child's IEP.
Students Not Eligible
If your child is not found eligible for special education services, you have the right to exercise your options for dispute resolution as described in Chapter 11. You might also inquire about other ways that your child might obtain additional educational assistance, such as through targeted instruction (individualized or in small groups) or through a plan allowed under Section 504 of the Rehabilitation Act. Some school districts will routinely consider students for this type of plan, but others will not. Be sure to ask your school for information about Section 504 and whether or not your child can be evaluated for services under Section 504.
Important: You must be given documentation of the eligibility decision, regardless of whether your child is found eligible or not eligible for special education. This is an important piece of information, so be sure to keep a copy and place it in your child's educational records file at home.
Eligibility — A Gateway to ServicesIn most states, assigning a disability category such as SLD to a student is a required part of the eligibility process. However, once eligibility is determined by the team — using the procedures discussed earlier — services available to the student should not be limited by his or her specific disability label. For example, students found eligible under the Emotional Disturbance category receive specific supports that target behavior issues and work on skills to improve overall performance. However, if these types of services and supports also benefit a student found eligible under the SLD category, the school should provide them. It is common for students with SLD to experience emotional difficulties as a result of their learning disability. Such emotional issues should be addressed in the student's educational program as part of the learning disability. |
Eligibility for your child will continue unless:
- You or your school district propose a change in the disability category
- Your child's performance indicates the possibility that special education services are no longer needed.
In any of these situations, you or the school will propose to reevaluate your child in order to gather new information.
[New] Schools are no longer required to evaluate a student when the student's eligibility ends due to graduation with a standard diploma or when the student reaches the age at which special education is no longer required by state law (usually at age 22). In these cases, the school district is now required to provide your child with a summary of his or her academic achievement and functional performance. This new summary of performance requirement is discussed in Chapter 8: Transition.
Now that your child has been found eligible to receive special education services, an IEP must be developed. In the next chapter you'll learn how the IEP will be developed and the important role you will play.
Table of Contents
- An Overview of IDEA Parent Guide
- Chapter 1: Pre-Referral Services
- Chapter 2: Response-to-Intervention
- Chapter 3: Referral/Request for Evaluation
- Chapter 4: Procedural Safeguards — Understanding and Exercising Your Legal Rights
- Chapter 5: Evaluation: Learning More About Your Child
- Chapter 6: Eligibility Determination: Determining Your Child's Need for Special Education
- Chapter 7: Individualized Education Programs (IEPs) — Developing Your Child's Education Plan
- Chapter 8: Transition — Planning Your Child's Future Success
- Chapter 9: Students in Private School: Understanding Your Child's Special Education Options
- Chapter 10: Student Discipline — Addressing Serious Behavior Issues and Concerns
- Chapter 11: Dispute Resolution Options — Understanding Your Options for Settling Disputes
Note: The IDEA Parent Guide was created to provide a basic understanding of the key requirements of the federal law under IDEA. The information presented here is not legal advice and should not be used as a legal resource.
Candace Cortiella is Director of The Advocacy Institute, a nonprofit focused on improving the lives of people with disabilities through public policy and other initiatives. The mother of a young adult with learning disabilities, she lives in the Washington, D.C., area.
