An Overview of the Special Education Process

Whether your child has been in special education for years or you are just entering the system, the details of the special education process can be overwhelming. There are many laws and regulations in this field that are explained in the Parents Guide to Special Education and on various websites. However, one of the most important things to remember is to take each step of the process as it comes. Consider the steps in order and you are less likely to get overwhelmed. Below is an outline of the different steps in the special education process.

The Initial Evaluation

A parent can request a special education evaluation be conducted for his or her child. If the parent makes such a request then the school district has 10 days to provide the parent with a Permission to Evaluate Request Form. Once the school district receives this form, they must either send the parent a Permission to Evaluate Consent Form (PTE Consent Form) or a written notice explaining why the school district is refusing an evaluation.

In most cases, the school district will provide the parent with a PTE Consent Form. The form will explain the different evaluations that the district is proposing to conduct. The evaluation must cover all areas of suspected disability. The school district then has 60 calendar days (excluding the summer) to complete the evaluation and provide it to the parent. An IEP Team meeting will be scheduled at that time to consider the evaluation results.

Subsequent Evaluations: Reevaluations and Independent Evaluations

The law requires that children receiving special education have reevaluations completed at least every three years unless the school district and the parent agree otherwise. The purpose of the reevaluation is to measure the child's progress, determine continued eligibility for special education and, assuming the child remains eligible, to write an effective IEP.

Independent evaluations are different than reevaluations. They are conducted by specialists who are independent of the school district. Parents may have independent evaluations done at their own expense at any time and the IEP Team must consider the results of those evaluations. Parents may also have an independent evaluation done at the school district's expense if they feel that the school district's evaluation was inaccurate or incomplete. In order to have the school district pay for the independent evaluation, the parent must make the request in writing. Then the school will either provide the parent with information about where an independent evaluation can be obtained or it will initiate a special education due process hearing.

The IEP Team Meeting

At least annually the IEP Team will convene to discuss the child's progress and develop an IEP. If evaluations were conducted then eligibility will also be discussed at that time. Team meetings can also be called if there are concerns about a student's progress, program or behavior at any time.

In order for the meeting to be an IEP Team Meeting, the following people must be present unless the parent has given the school district written permission to excuse one or more of them. The required participants include: (1) the parent, (2) a special education teacher, (3) a general education teacher (if the child attends or might attend general education classes), (4) a school official who is knowledgeable about school district programs, the general curriculum and school district resources, (5) any therapists or specialists who work, may work or have evaluated the student, and; (6) the student, if the student is age 14 or older or if the parent feels the student should be included earlier and it is appropriate to do so.

The IEP

The IEP is a document that is developed by the IEP Team and which explains your child's educational level, annual goals, short term objectives, the required special education interventions, services and aids necessary to progress in the general curriculum and achieve the annual goals and objectives, any necessary modifications to the classroom or instruction that are necessary, the start and end dates of the services, a description of how progress will be measured, the amount and type of special education services and any behavioral modifications that are necessary for the child.

Placement

The IEP Team must also consider and recommend the child's educational placement. The team has a legal requirement to place the child in the least restrictive environment. That means that any time that the child spends away from his general education peers needs to be justified in the IEP. Some students require more time in substantially separate environments than others. So, some IEPs may be written for delivery completely in the general education classroom and some may be written for private education placements. Of course, the majority are written for placements in between those two extremes.

Notice of the Right to Challenge School District's Decision

The school district must provide the parent with notice of the parent's right to challenge the school district's decision by filing a complaint with the Pennsylvania Department of Education or seeking a mediation or due process hearing. This notice must be provided at least annually.

There are many steps in the special education process. Each step is designed to help provide your child with the free appropriate public education to which every special education is entitled to by law.