Common Questions

You can request that the school district complete an evaluation of your child.  Under the IDEA, once a parent requests an evaluation, the LEA has 60 days to complete an evaluation to determine whether the student is a child with a disability eligible for special education. The evaluation will typically be done by a school psychologist or, if appropriate, another certified specialist.  On occasion, the LEA will contract with a third party provider to make sure the evaluation is completed in a timely manner.

Parents can also have a private evaluation done by a private provider. Under certain circumstances, the District will fund the independent evaluation, but they are generally not required to do so.  Once the private evaluation is complete, the LEA should consider the evaluation report but is not obligated to adopt its conclusions.

Private schools and colleges are not required to fund any evaluations.  If your child is enrolled in an independent or parochial school and you suspect your child may have a disability, you may, however, contact your local school district to request an evaluation. If your child is in college or has aged out of the public school system, there is no legal entitlement to an evaluation.

In Pennsylvania, gifted learners are covered by special education laws.  As a result, parents can request that the school district complete an evaluation of your child to determine whether they meet the criteria for giftedness under Chapter 16 of the Pennsylvania School Code.  If you are not in Pennsylvania, the law may differ - giftedness is not considered a special need under most states' law.  

Under Chapter 16, once a parent has requested an evaluation for giftedness, the District will conduct an evaluation to determine the student's eligibility for a Gifted Individualized Education Plan ("GIEP"). It is important for parents to understand that giftedness is not determined solely by a student's IQ, but through an evaluation of "multiple criteria" established by law.  The multiple criteria include, but are not limited to, a year or more of above grade achievement, early and measured use of high level thinking skills, academic creativity, leadership skills, foreign language aptitude, or technology expertise. 

As a result, a student with an IQ of 130 that does not meet any of the other criteria may not be identified as gifted, and a student who does not present with an IQ of 130 but meets multiple other criteria may be. If you think that your child may have been misidentified, consider consulting with an education attorney or advocate. 

The PA Department of Education provides a robust FAQ of gifted education in Pennsylvania here.

Gifted students often present with behaviors that are confused with common learning differences such as ADHD. It is extremely important for a child's success that they are properly identified and provided with appropriate accommodations. Student who are identified as gifted but also have a diagnosis of a disability are known as "twice exceptional" and may require support for both exceptionalities. Consult with an expert if you think that your child may have been misidentified or underidentified.

No. Colleges and universities have no obligation to provide the accommodations described in a secondary school 504 Service Plan.  A 504 Plan is a contract between the LEA and you and your student and is not portable to post-secondary schools.

Colleges typically are subject to Section 504 and the Americans with Disabilities Act, and do have to provide reasonable accommodations to students with disabilities.  Therefore, they may choose to provide the same accommodations offered in the student's previous 504 Plan, or may use it as evidence of the student's disability. Each school has its own policy, however, and students will need to comply with the specific policies and procedures of the college or university. 

Preferential seating is seating that addresses a student's specific need.  There is a common misconception that preferential seating means in the front of the room, however it does not necessarily mean front and center.  For instance, for a student who is highly distracted by looking out the window, preferential seating might be the seat with the poorest window visibility.  For a student with social anxiety, preferential seating might be a desk near the teacher to minimize attention from peers.  

MTSS is a District-wide, fully integrated approach to provide appropriate levels of support to all students, primarily through the general education curriculum. Most MTSS programs have three levels of support, each of which is called a "Tier." It is important to understand that MTSS is not designed to identify students with disabilities, although it ideally will flag behaviors or deficiencies that may lead to evaluation for and identification of a disability.

Tier 1 interventions are provided to all students. For example, a Tier 1 intervention may include instruction to all students on appropriate social interactions or study skills.  Although the Tier 1 intervention is provided to all students, it is not "curricular" in the academic sense - rather, it is designed to address a global need that is ancillary to academic subject matter, but which has been identified as a skill that needs development. Students' progress is monitored and recorded - but is not graded.  Students who are not making progress with Tier 1 interventions, as documented through monitoring, may be moved to Tier 2.

Tier 2 interventions are provided in small groups.  They are designed to meet more individualized needs and are more targeted to specific needs.  In Tier 2, your student may or may not be identified as a student who needs a 504 Plan or an IEP. Done properly, MTSS Tier 2 can provide appropriate supports for students through the general education curriculum without the need for special education interventions.  Parents should pay close attention to the information they receive from the school if their student is in Tier 2 interventions to ensure appropriate progress is being made, or reach out to an educational advocate or lawyer to assess the potential need for evaluation.  If a student is not making progress in Tier 2, as documented through monitoring, the District will move the student to Tier 3.

Students in Tier 3 receive intensive individual supports and interventions.  When a student has entered Tier 3 or been identified as a student who requires Tier 3 interventions, they should be evaluated for a disability and should discuss creating an IEP. If they have not been evaluated, parents should request an evaluation and consider contacting an educational advocate or lawyer to ensure their student's individualized needs are being met.

Additional resources about MTSS can be found below:

• What is MTSS?

• Center on Multi-Tiered System of Supports - Essential Components of MTSS (technical information)

Chunking assignments means providing students with interim deadlines on longer-term assignments.  For example, rather than giving students a single assignment of an end of term presentation, the teacher could break the assignment up into smaller parts - proposal; outline; draft; second draft; etc. - that are due throughout the term.  The end result is the same but the teacher has guided the student to help build study and organizational skills.  This is a very common accommodation for students diagnosed with ADHD or executive functioning disorders but is also good practice generally, particularly in the early secondary years.

Different school districts have different specific procedures, but in general, if you do not think that your child's IEP or 504 is being implemented, you should reach out to your child's case manager. The case manager should be identified in the 504 Plan or IEP.  Your child's case manager should help you identify your specific concerns and work with you to address them. They may call a new IEP meeting or may work with teachers to make sure SDIs and accommodations are being provided.  If you think the issue is not being addressed or that the District is not providing accommodations or SDIs that meet your child's needs, you may want to contact an educational advocate or attorney to assist developing a plan.