| After a student has been evaluated, the next step is to determine eligibility
for special education and related services. IDEA defines the educational disabilities that make a student eligible for special education. Students
who meet the criteria for one or more of those disabilities are considered eligible for special education and related services. |
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| How is eligibility determined? | |
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Eligibility is based on the results of the assessments by Child
Study Team (CST) members and
other specialists, as well as any reports or evaluations provided by the parents. A copy of the evaluation report(s) and documentation of eligibility
must be given to the parent. These reports must be received by the parents
ten days prior to the eligibility determination meeting.
In order to be eligible, a student must:
b) have a disability which adversely effects educational performance, and:
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| Who determines eligibility? |
DID YOU KNOW? |
| An eligibility team determines initial eligibility. That team includes the
parent, a teacher who is knowledgeable about the student's educational performance or district's programs, the student (where appropriate), at least
one CST member who participated in the evaluation(s), the case manager, and other appropriate individuals at the discretion of the parent or school
district. The school personnel who referred the student will also be part of the team determining initial eligibility. The school principal may also participate. Eligibility is determined collaboratively by all of the participants at the meeting.
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Speech & Language Services
It is NOT related to dialect, cultural differences or the influences or a foreign language.
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| What if a student is found eligible? | |
| Once a student is found eligible, all children aged five and over receive the
same classification; either, "eligible for special education and related services," or "eligible for speech and language services." Children aged three through five are classified as preschool handicapped. In the past, the disability definition was considered the student's classification. Now, these disability definitions are simply the criteria by which a student is found eligible. The disability category does not dictate the services that are needed or the type of program a student can receive. In fact, the disability category does not even have to be reflected in the IEP.
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| What if a student is found ineligible? | |
| A student cannot be determined eligible for special education if the
determinant factor is due to a lack of instruction in reading, math or limited English
proficiency. If the eligibility team determines that a student is ineligible, parents must be provided with written notice describing why the student is ineligible, within fifteen calendar days of the eligibility meeting. Parent also must receive a short procedural safeguards statement, along with a copy of all evaluation reports. If a parent disagrees with the determination, he/she may request an independent evaluation, mediation, or a due process hearing.
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| What is an independent evaluation? | Back to Top |
| An independent evaluation is an evaluation or assessment done by a certified
and if required, licensed professional who is not an employee of the school district. A request for an independent evaluation must be made in writing
and be provided at no cost to the parent. If the district believes its evaluation reports are
appropriate and sufficient, it must initiate due process to show that
its evaluation is appropriate. A judge will issue a final determination about the need for an independent evaluation following a hearing. (See
Sample
Independent Evaluation Request.) A district may not require a parent to put their reasons for disagreement in writing before requesting an independent evaluation. And, any independent evaluation obtained and paid for by the parent, must be considered by the district in eligibility determination.
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| Where can an independent evaluation be obtained? | |
| An independent evaluation may be obtained from another school district, an
educational services commission, a jointure commission, an approved clinic or agency, or a private practitioner who is certified and/or licensed.
Information regarding these resources must be provided to the parent by the school. The parent may request the evaluator of his or her choice.
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| What's the next step after a student has been determined to be eligible for services? | Back to Top |
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After eligibility has been determined, a written plan, called an Individualized Education
Program (IEP) is developed. This is done at a meeting or series of
meetings.
Parents must be notified of this meeting in writing. It must be scheduled at a time and place reasonably convenient for the parents and school personnel. If a parent is unable to attend, he or she may participate by phone. |
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affects articulation, phonology, fluency, and/or voice;