Frequent Questions Parents have about their Children and Special Education

1. Why is my child struggling in school?

When children are struggling in school, it’simportant to find out why. It may be that adisability is affecting your child’s educational performance. If so, your child may be eligible for special education and related services that can help.  As a first step, the school may need to try sufficient interventions in the regular education classroom and modify instructional practices before referring your child for special education evaluation.

2. What is special education?

Special education is instruction that is specially designed to meet the unique needs of children who have disabilities. Special education and related services are provided in public schools at no cost to the parents and can include special instruction in the classroom, at home, in hospitals or institutions, or in other settings. This definition of special education comes from IDEA, the Individuals with Disabilities Education Act. This law gives eligible children with disabilities the right to
receive special services and assistance in school.  More than 6.8 million children ages 3 through 21 receive special education and related services each year in the United States. Each of these children receives instruction that is specially designed:

• to meet his or her unique needs (that result from having a disability); and
  
• to help the child learn the information and skills that other children are learning in the general education curriculum.

3. Who is eligible for special education?

Children with disabilities are eligible for special education and related services when they meet IDEA’s definition of a “child with a disability” in combination with state and local policies. IDEA’s definition of a “child with a disability” lists 13 different disability categories under which a child may be found eligible for special education and related services.  States and school districts must follow IDEA’s definitions, but they also may add details to guide decision making about children’s eligibility. That’s why it’s important to know what your state and local policies are. To see an explanation of the IDEA disability categories click HERE.

4. How do I find out if my child is eligible?

You can ask the school to evaluate your child.  Call or write the director of special education or the principal of your child’s school. Describe your concerns with your child’s educational performance and request an evaluation under IDEA, to see if a disability is involved.  The public school may also be concerned about how your child is learning and developing. If the school thinks that your child may have a disability, then it must evaluate your child at no cost to you.

The school must ask your permission and receive yourwritten consent before it may evaluate your child.  Once you provide that consent, the evaluation must be conducted within 60 days (or within the timeframe the state has established). However, the school does not have to evaluate your child just because you have asked. The school may not think your child has a disability or needs special education. In this case, the school may refuse to evaluate your child. It must let you know this decision in writing, as well as why it has refused. This is called giving you prior written notice. For a more complete explanation of the evaluation process click HERE.

5. What happens if my child is not eligible for special education?

If the eligibility team decides that your child is not eligible for special education, the school system must tell you this in writing and explain why your child has been found “not eligible.” Under IDEA, you must also be given information about what you can do if you disagree with this decision.  Read the information the school system gives you. Make sure it includes information about how to appeal the school system’s decision. If that information is not in the materials the school gives you, ask the school for it. IDEA includes many different mechanisms for resolving disagreements, including mediation. The school is required to tell you what those mechanisms are and how to use them.

Excerpted from "Questions Often Asked by Parents About Special Education Services", National Dessimination Center for Children with Disabilities (NICHCY), April 2009.