The Special Education Process
K-12 Public and Charter Schools
Steps in the special education process
Identification
The first step in the special education process is when a child is identified as a student with a disability. That can happen in a variety of ways, including:
A parent provides a diagnosis to the school
A teacher recognizes the signs of a disability and notifies Student Services
Another service provider notices signs of a disability and notifies Student Services
A parent requests an evaluation of the student.
You can access a template Evaluation Report here.
Evaluation
Once a student has been identified as a student with a potential disability, the District or Charter School will do an evaluation of the student to assess whether the child is a student with a disability.
Depending on the reason for the evaluation, an evaluation may be specific to a suspected disability, or comprehensive to evaluate all the student's potential needs. Specialists may be contracted to perform specialized evaluations or to supplement school staff.
At the conclusion of the evaluation, the District or Charter School will issue an Evaluation Report with its conclusions and recommendations.
See here for a discussion of the types of assessments commonly used in evaluations.
Eligibility
There are three possible outcomes of an evaluation:
The child is a Student with a Disability found to be Eligible for Special Education. These are students whose disability interferes with their ability to access education. They are entitled to an Individualized Education Plan and specially designed instruction. Students with IEPs should be reevaluated every 3 years.
The child is a Student with a Disability who is not eligible for special education. These are students who have a disability do not need specially designed instruction because they can access education with reasonable accommodations. They are entitled to accommodations pursuant to a Section 504 Service Plan.
The child is not a student with a disability.
For a summary of the differences between IEP and 504 eligibility, click here.
Meeting with IEP/504 Team
Once a child has been identified as a Student with a Disability, the Parents (and, for older students, the student) will be invited to an IEP (or 504) Meeting. Once a time is agreed upon, a meeting is convened to discuss the accommodations or SDIs that will be offered to the student. The IEP Team or 504 Team typically includes:
Parent(s)
Student Services
General education teacher(s)
Special education case manager
Service providers (i.e. OT, speech/language pathologist, etc.)
representative from the School District
Parents have the right to bring an attorney or other professional to help advocate for appropriate accommodations for their child's disability. If appropriate, parents should engage an attorney or educational consultant as soon as possible after the parents are sent the Invitation to an IEP Meeting to ensure the advocacy team is given enough time to prepare for the meeting.
IEP/504 Plan is Developed
After the IEP/504 meeting, the student's IEP or 504 Service Plan is developed.
Section 504 Service Plans can be quite short, and include the accommodations being provided to the student.
IEPs are typically quite long and in addition to evaluative material, are legally required to contain:
Present levels
Measurable annual goals
Progress data
SDIs/accommodations
Duration of services
Percentage of time spent in general education classroom
Transition services (for students over the age of 14)
Approving the IEP/504 Plan
Once it is finalized, the IEP/504 Plan is sent to the student's parents for approval.
The District will send the Parents, typically via email, a Notice of Recommended Educational Placement ("NOREP") that describes:
The proposed action being taken, including, for example, placement, refusal of a requested placement, change of identification, or related services;
A more detailed description of the proposed action;
An explanation of the District's reasoning for the proposed action;
A description of the other options proposed and considered as relates to the student's programming and why they were rejected;
An description of the evaluations, assessments, records and/or reports used to support the recommended action;
A description of any other factors supporting the recommendation; and
The level of support being proposed for the student.
The NOREP must be returned within ten (10) days of receipt. Parents who are unsure of whether to the proposed programming will be appropriate should consider consulting with their education attorney or consultant as soon as possible.
Implementing the Plan
If the parents approve the NOREP and IEP/504 Plan, it should be immediately implemented by the student's special education team.
Accommodations are individualized and therefore vary widely. They may include:
Wheelchair accessible aisles
Chunked assignments
Electronic assistive devices
Educational aides
Extra time on tests
Verbal presentation of assignment expectations
504 Plans are typically implemented by classroom teachers with oversight from a school counselor or psychologist. IEPs are implemented by classroom teachers, special education teachers, specialized service providers, with oversight from a case manager.
Monitoring Student Progress
Students with IEPs are entitled to regular data documenting progress made on the student's annual goals. Case managers are typically responsible for collecting and managing that data, in cooperation with Student Services, but classroom teachers can be asked for input on the student's progress. IEP progress data should be presented during requested interim or revision meetings, and at the student's annual IEP renewal meeting.
Students with 504s do not have measurable annual goals, but parents have the right to request data on assessments, teacher feedback and other indicators of whether their student has been able to access their education.