Special Education Eligibility

How Do You Know If Your Child Needs Special Education?

Navigating the world of special education can be overwhelming, especially for parents who suspect their child may need additional support. Understanding the eligibility process is crucial in accessing the services and resources that can help children thrive academically and socially. In this article, we'll explore the concept of eligibility and provide insights from a workshop on special education eligibility conducted by special education attorneys Sabrina Shafer and Phil Milsk, and special education advocate, Judy Ruffulo. 

Understanding Eligibility:

Eligibility for special education services is determined by a federal law called Child Find. This law mandates that school districts must identify and provide services to all students with disabilities, regardless of where they attend school. This includes children who are homeschooled or attend private institutions.

​If you suspect that your child may be eligible for special education services due to developmental delays or other concerns, the first step is to contact your school district and request an evaluation. The school district is then responsible for conducting a comprehensive assessment of your child's needs across various areas of development.

Understanding the Timelines for Eligibility:

It's essential for parents to be aware of the legal timelines surrounding the eligibility process for special education services. It's highly encouraged that you check your local laws and consult with a special education attorney, including on federal laws.  Meanwhile, here's a short breakdown that parents should keep in mind:
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1. Timely Evaluation: Once a parent requests an evaluation for their child, the school district is legally obligated to conduct the evaluation promptly. This typically occurs within a reasonable timeframe, often within 60 days of the request.
2. Evaluation Review Meeting: Following the completion of the evaluation, the school district will schedule a meeting with the parents to review the assessment results and determine eligibility for special education services. This meeting should occur within a reasonable timeframe after the evaluation is completed, allowing parents to participate in the decision-making process.
3. Development of the Individualized Education Program (IEP): If a child is found eligible for special education services, an IEP meeting will be scheduled to develop an individualized plan tailored to the child's unique needs. The IEP meeting should take place within a reasonable timeframe following the determination of eligibility, ensuring that appropriate services can be implemented in a timely manner.
4. Appeals Process: In cases where parents disagree with the school district's determination of eligibility or the proposed IEP, they have the right to appeal the decision through due process procedures. It's important for parents to understand the deadlines and procedures involved in the appeals process to ensure their rights are protected and their child's needs are addressed.

​By understanding the timeline of eligibility, parents and guardians can advocate effectively for their child's rights and ensure that the eligibility process proceeds in a timely and appropriate manner. If you encounter delays or obstacles in the process, consider seeking guidance from a special education advocate or legal professionals who can provide support and assistance in navigating the legal timelines and procedures associated with special education eligibility.

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Key Steps in the Eligibility Process:
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1. Requesting Evaluation: Reach out to your school district and request an evaluation for your child if you have concerns about their development or educational needs. The district is legally obligated to conduct an evaluation upon request.
2. Comprehensive Assessment: The school district will conduct testing in all areas of suspected disability. It's essential to communicate any concerns you have about your child's development to ensure that testing covers all relevant areas.
3. Advocating for Evaluation: In rare cases, school districts may refuse to evaluate a child. If this happens, it's important to seek guidance from advocacy organizations or legal professionals who can help you navigate the process and ensure that your child receives the evaluation they need.
4. Eligibility Determination Meeting: Once the evaluation is complete, you will attend a meeting with school district professionals to review the assessment results. If your child is found eligible for services, an Individualized Education Program (IEP) will be developed to outline their educational goals and support services.
5. Seeking Additional Support: If the school district determines that your child is not eligible for services and you disagree, it's essential to seek support from advocates or attorneys who can help you navigate the appeals process and advocate for your child's needs.

Navigating the special education eligibility process can be complex, but understanding your rights and advocating for your child is essential. By familiarizing yourself with the Child Find law and the steps involved in the eligibility process, you can ensure that your child receives the support and resources they need to succeed in school and beyond. If you have concerns about your child's eligibility for special education services, don't hesitate to reach out to advocacy organizations or legal professionals for guidance and support.

Watch the workshop

GET HELP & MEET WITH THE TEAM

SAMPLE LETTER FOR EVALUATION