Qualification for IDEA Services
How does a district decide if my student is eligible for special education, and who takes part in the decision making?
The district must make an eligibility decision based on the evaluation.
Once the evaluation is completed, the district must produce an evaluation report stating the following:
- Whether the student has a disability
- How the disability affects the student’s progress in school
- What services are recommended to address the student’s individual needs.
Whether a student is eligible for special education is determined by a group composed of the student’s parent(s) and qualified professionals selected by the school district.
Parents have a right to notice of meetings and to participate in all meetings with respect to the identification, evaluation, and delivery of services to the student. Parents must also receive written notice of any decision made at such a meeting.
How will I know if the student is eligible for special education?
The district sends you notice.
The district must provide the student’s parent with a copy of the evaluation report and documentation of its decision about eligibility.
What can I do if my child is denied eligibility for special education?
You can challenge the district’s decision.
If you think your child has been wrongly denied eligibility for special education services, you can try to change the district’s decision by:
- Discussing the situation with school personnel
- Requesting a mediation conference
- Filing a complaint or
- Requesting an IDEA due process or 504 hearing.
Talking things through with school officials—including special education staff, the principal, your child’s teachers and counselor—is the best way to start dealing with any problem.
If discussing the issue doesn’t get you anywhere, consider using more formal dispute resolution. Anyone can file a citizen complaint on behalf of a student. A parent can also request a due process hearing or mediation.
Where you can have an impact
Ask for a person from the district’s Section 504 program be made part of the eligibility determination group. If the group decides the student is not eligible for special education under IDEA but may be eligible under Section 504, this person can help identify services provided under Section 504.