A Brief Overview
- Special Education is provided through the Individualized Education Program (IEP) for a student with a qualifying disability. The first step is to determine eligibility through evaluation. This article describes that process.
- Specially Designed Instruction (SDI) is the “special” in special education. The evaluation determines whether SDI is needed to help a student overcome barriers of disability to appropriately access education. Learning to ask questions about SDI can help families participate in IEP development. Read on to learn more.
- Parents can request an evaluation by submitting a written letter to the school district. PAVE offers a template to help with letter writing.
- For more detail about what happens when a student qualifies for special education, PAVE’s website includes a short video, Overview of IEP Process; a more detailed on-demand webinar, Introduction to Special Education; and an article about IEP Essentials.
If a student is having a hard time at school and has a known or suspected disability, the school evaluates to see if the student qualifies for special education. If eligible, the student receives an Individualized Education Program (IEP). Information collected during the evaluation is critical for building the IEP, which provides specialized instruction and other supports in a unique way for each student.
The school follows specific deadlines for an evaluation process, which are described in the state laws provided in the links connected to each of these bullet points:
- The district must document a formal request for evaluation and make a decision about whether to evaluate within 25 school days (WAC 392-172A-03005).
- After consent is signed, the school has 35 school days to complete the evaluation (WAC 392-172A-03005).
- If a student is eligible, the school has 30 calendar days to hold a meeting to develop an initial IEP (WAC 392-172A-03105).
Evaluation is a 3-part process
Not every student who has a disability and receives an evaluation will qualify for an IEP. The school district’s evaluation asks 3 primary questions in each area of learning that is evaluated:
- Does the student have a disability?
- Does the disability adversely impact education?
- Does the student need Specially Designed Instruction (SDI)?
If the answer to all three questions is Yes, the student qualifies for an IEP. After the evaluation is reviewed, the IEP team meets to talk about how to build a program to meet the needs that were identified in the evaluation. Each area of disability that meets these three criteria is included as a goal area on the IEP.
The needs and how the school plans to serve those needs gets written into the section of the IEP document called the Present Levels of Academic Achievement and Functional Performance—sometimes shortened to Present Levels of Performance (PLOP). Becoming familiar with the PLOP section of the IEP is important for family members who participate on IEP teams. IEP goals flop without good PLOP!
Bring ideas to the evaluation review meeting
After an initial evaluation is finished, the school arranges a meeting to review the results and determine whether the student qualifies for services. The evaluation review meeting can include time for family members, students and outside service providers to share ideas about what’s going on and what might help. PAVE provides a tool to help parents and students get ready for this and other important meetings by creating a Handout for Meetings.
Read on for ideas about what to do if the school determines that a student doesn’t qualify for IEP services and parents/caregivers disagree or want to pursue other types of school support.
If a student qualifies for special education, new input can be added to information from the evaluation that is automatically included in the PLOP. The present levels section of the IEP is important because it provides space to document the creative ideas that will support the student at school. This section can provide answers to this question: How will the school support the student in meeting annual goals?
Remember that the 3-part evaluation determines whether the student needs Specially Designed Instruction (SDI). SDI is the “special” in special education. SDI is provided through individualized teaching methods, and its success is tracked and measured through progress on the IEP goals.
Progress monitoring is required annually but can be done throughout the year with a communication strategy designed by the school and family. That communication strategy can be written into the IEP document. PAVE’s article about SMART Goals and Progress Tracking can help families better understand how to participate in follow-through to make sure that the special education program is helping the student make meaningful progress.
FAPE is a special education student’s most important right
Whether the student makes meaningful progress is also a measure of whether the school district is meeting its obligation to provide a Free Appropriate Public Education (FAPE), the primary entitlement of a student who qualifies for special education under criteria established by the Individuals with Disabilities Education Act (IDEA).
PAVE provides an article about the history of special education with more detail about how FAPE became the standard for special education service delivery.
When a student is evaluated, the results are reviewed by a team that includes school staff and the family. The team discusses whether the student qualifies for special education. If yes, then the IEP process begins to determine how best to deliver FAPE. In other words, how will the school district provide an appropriate education to meet a student’s unique needs, in light of the circumstances of disability?
PAVE provides an article describing the IDEA and its six primary principles as the Foundation of Special Education. In addition to FAPE, the primary principles include: appropriate evaluation, IEP, parent and student involvement, education in the Least Restrictive Environment (LRE) and Procedural Safeguards, which provide dispute options and protections to make sure schools follow federal and state rules.
A referral starts the evaluation process
A parent/guardian, teacher, school administrator, service provider or other concerned adult can refer a student for evaluation. PAVE’s recommended guidelines for requesting an evaluation in writing are included later in this article.
If the school agrees to evaluate, a variety of tests and questionnaires are included. The evaluation looks for strengths and difficulties in many different areas, so input from parents, teachers and providers is critical. Generally, the evaluation reviews developmental history and assesses cognition, academic achievement and “functional” skills. Listed below are some common skill areas to evaluate:
- Functional: Functional skills are necessary for everyday living, and deficits might show up with tasks such as eating, handling common classroom tools or using the restroom.
- Academic: Testing in specific academic areas can seek information about whether the student might have a Specific Learning Disability, such as dyslexia.
- OT and Speech: Occupational Therapy and Speech/Language can be included as specific areas for evaluation, if there is reason to suspect that deficits are impacting education.
- Social-Emotional Learning: Many evaluations collect data in an area of education called Social Emotional Learning (SEL), which can highlight disabilities related to behavior, social interactions, mental health or emotional regulation. It’s common for parents to fill out an at-home survey as part of an SEL evaluation process.
- Autism Spectrum: Testing can look for disability related to autism spectrum issues, such as sensory processing or social difficulties. Testing in this area can be done regardless of whether there is a medical diagnosis.
- Adaptive: How a student transitions from class-to-class or organizes materials are examples of adaptive skills that might impact learning.
Please note that strengths are measured alongside challenges and can provide important details for a robust program. The first part of a present levels statement can always include statements about what the student does well.
Eligibility Categories of Disability
Areas of evaluation are associated with the 14 categories of disability that are defined as “eligibility categories” under the IDEA. These are broad categories, and sometimes there is discussion about which is the best fit to capture information about a student’s unique situation. Please note that there is no such thing as a “behavior IEP” or an “academic IEP.” After a student qualifies, the school is responsible to address all areas of need and design programming, services and a placement to meet those needs. An IEP is an individualized program, built to support a unique person and is not a cut-and-paste project based on the category of disability.
This list includes some common diagnoses and/or issues that come up within each of the IDEA’s 14 categories.
- Autism: A student doesn’t need a medical diagnosis to be evaluated in the area of autism. If features from the autism spectrum of disability may significantly impact access to education, then the school can assess those features to determine eligibility and special education needs.
- Emotional Disturbance: Anxiety, Depression, Serious Mental Illness and/or behavior disabilities can fall under this category, which Washington schools often refer to as Emotional Behavioral Disability (EBD).
- Specific Learning Disability: Issues related to dyslexia, dysgraphia, dyscalculia or other learning deficits can be educationally assessed. A formal diagnosis is not required for a student to qualify under this category.
- Other Health Impairment: ADHD, Tourette’s Syndrome and other medical diagnoses are captured within this broad category, often shorted to OHI or Health-Impaired on the IEP document.
- Speech/Language Impairment: This category can include expressive and/or receptive language disorders in addition to issues related to diction. Social communication deficits might qualify a student for speech services.
- Multiple Disabilities: Students with complex medical and learning needs can meet criteria in this category.
- Intellectual Disability: A student with Down Syndrome or another genetic or cognitive disorder might meet criteria in this category.
- Orthopedic Impairment: OI refers to physical disabilities that impact access to education.
- Hearing Impairment: Note this is a separate category from deafness or deaf-blindness, as educational testing and identified needs may differ.
- Deaf blindness
- Visual Impairment/Blindness
- Traumatic Brain Injury: Brain Injury Alliance of WA is a good place for resources to better understand TBI and how to support a student with medical and educational needs.
- Developmental Delay (ages 0-8): This category can qualify a child for early learning (Birth-3) services in addition to IEP services through age 8. By age 9, a new evaluation may determine eligibility in another category for IEP services to continue.
Child Find requires school districts to evaluate
Appropriate evaluation is a key principle of the Individuals with Disabilities Education Act (IDEA). The IDEA includes a mandate called Child Find, which requires school districts to seek out, evaluate and serve students ages Birth-21 who have known or suspected disabilities that may impact school success or access. PAVE has an article about the Child Find Mandate, which applies to all children, including those who go to public or private schools. Children who are homeless or wards of the state are included, as are children who move a lot. Children who are “advancing from grade to grade” are included in the mandate, if they may have disabilities that impact learning in non-academic areas of school.
Here are some considerations:
- Child Find mandates evaluation if there is reason to suspect a disability.
- Students who are failing or behind their peers might have challenges related to language or access to school that don’t indicate a disability.
- Parents who don’t understand the school’s reason can request a written explanation.
- Schools cannot refuse to evaluate because of budgetary constraints. They also cannot refuse because they want to try different teaching strategies. School staff might use the term Response to Intervention (RTI). Although the school might benefit from a review of its methods, RTI is not a basis for refusing to evaluate a child for a suspected disability.
Deadlines start when a referral is made
When a student is referred for an evaluation, the school follows a schedule of deadlines. Parents can mark a calendar to track these timelines. To make sure deadlines are followed, PAVE recommends that formal requests and communications are made and stored in written form. Parents can always request a written response from the school or write down a response made verbally and send a “reflective” email that includes detail about what was discussed or decided. That reflective email creates a written record of a conversation.
Districts have 25 school days to respond to a request for evaluation. Some schools invite parents to a meeting to discuss concerns. Being prepared with a written statement can help. Parents can also share information from doctors or outside providers.
Before a school evaluates a student, the parent/guardian signs consent. If school staff recommend an evaluation and parents do not agree or sign consent, then the school does not conduct the evaluation. Please note that parents are consenting to the evaluation, so that parents and schools can make an informed decision about what to do next. Parents can choose at the next step whether to sign consent for a special education program to begin.
If a parent initiated the referral and the school doesn’t respond or denies the request for an evaluation, the parent can request an answer in writing. PAVE provides an article about what to do if the school says no to your evaluation request.
What happens next if the school agrees to evaluate?
If all agree that an evaluation is needed, and a parent/guardian signs a formal document giving permission, then the school completes the evaluation within 35 school days.
In compliance with the IDEA, an evaluation for special education is non-discriminatory. If the child cannot read, for example, the testing uses verbal instructions or pictures. The child’s native language is honored. Schools have a variety of tools available to eliminate bias. Parents can take action if they disagree with the way testing was done or the way it was interpreted.
The IDEA requires schools to use “technically sound” instruments in evaluation. Generally, that means the tests are evidence-based as valid and reliable, and the school recruits qualified personnel to administer the tests. The IDEA is clear that a singular measure, such as an Intelligence Quotient (IQ) test, does not meet the standard for an appropriate evaluation.
Don’t be intimidated by fancy language!
The formal language of the IDEA and the evaluation process can feel intimidating, but parents need to remember that they have a critical role as the experts and long-term investors in their child. If the evaluation data is confusing, parents can ask the school to provide charts or graphs to make it clear. Parents have the right to ask questions until they understand the evaluation process and what the results mean.
A primary goal of evaluation is to identify a child’s strengths and needs in the general education environment. Regular classrooms are the Least Restrictive Environment (LRE) unless a student is unable to succeed there. The evaluation determines whether a student needs extra help in the general education setting, and the IEP team uses information gathered through evaluation to recommend and develop an initial program.
The IEP isn’t a one-and-done project
The IEP shifts and changes with the needs of the student, so the initial evaluation is only the beginning. A new evaluation is required by the IDEA at least every 3 years, but a new evaluation can be initiated earlier if there’s a question about whether the program is working. The school and family are always collecting new information and insights, and the IEP adapts in real time with new information.
For example, the school might document that a student is failing to access learning in general education despite help that was carefully designed to make the setting accessible. Then the IEP team, which includes a parent or guardian, might discuss placement in a more restrictive setting.
What if I don’t agree with the school?
Parents can always ask school staff to describe their decisions in writing, and parents have rights guaranteed by the IDEA to informally or formally dispute any decision made by the school. The Center for Appropriate Dispute Resolution in Special Education (CADRE) offers a variety of guidebooks that describe these options. In Washington State, the Office of Superintendent of Public Instruction (OSPI) provides state-specific guidelines for dispute resolution. PAVE provides an on-demand webinar about conflict engagement: Parents as Partners with the School.
Recommended guidelines for requesting an evaluation
Make the request in writing! PAVE provides a sample letter to help.
- Address the letter to the district’s special education director or program coordinator.
- Deliver the request by email, certified mail, or in person. To hand-deliver, request a date/time stamp or signature at the front office to serve as a receipt.
- Track the days the district takes to respond. The district has 25 school days (weekends and holidays excluded) to respond.
Items to include in the referral letter:
- The student’s full name and birthdate.
- A clear statement of request, such as “I am requesting a full and individual educational evaluation for [the student].”
- A statement that “all areas of suspected disability” be evaluated.
- A description of concerns. Include any details provided by the student about what is working or not working at school, during transportation or related to homework. Consider all areas of school, not just academic ones.
- Include any detail about past requests for evaluation that may have been denied.
- Attach letters from doctors, therapists, or other providers who have relevant information, insights, or diagnoses (NOTE: medical information is offered voluntarily and not required to be shared).
- Parent/legal caregiver contact information and a statement that consent for the evaluation will be provided upon notification.
After receiving a letter of request for evaluation the school district has the responsibility to:
- Document the referral.
- Notify parent/caregiver, in writing, that the student has been referred for evaluation.
- Examine relevant documents from family, the school, medical providers, and other involved agencies.
- Tell parents/caregivers in writing, within 25 days, about the decision to evaluate or not. This formal letter is called “Prior Written Notice.”
- Request formal written consent for an evaluation.
- Complete the evaluation within 35 school days after consent is signed.
- Schedule a meeting to share evaluation results with a team that includes family to determine next steps.
- Initiate development of an IEP, if the student qualifies.
Evaluation for Behavior Supports
Sometimes a Functional Behavior Analysis (FBA) is conducted alongside an educational evaluation when behavior is a primary feature of a child’s difficulty at school. The FBA uses tools and observation to identify triggers and unskilled coping strategies that can help explain areas of need for learning. The FBA provides the foundation for a Behavior Intervention Plan (BIP), which supports positive choices. BIP goals and strategies prioritize social skill development and emotional regulation tools. The BIP can be a stand-alone document or can be used with an IEP or a Section 504 Plan (see below). PAVE provides a variety of articles about Positive Behavior Interventions and Supports.
A student may qualify for a Section 504 Plan, if not an IEP
Section 504 is part of the Rehabilitation Act of 1973. This Civil Rights law protects individuals with disabilities that severely impact “major life activities,” such as learning, breathing, walking, paying attention, making friends… The law is intentionally broad to capture a wide range of disability conditions and how they might impact a person’s life circumstances.
Sometimes students who don’t qualify for the IEP will qualify for accommodations and other support through a Section 504 Plan. PAVE has an article about Section 504, which provides an individual with protections throughout the lifespan. Note that Section 504 anti-discrimination protections apply to students with IEPs and Section 504 Plans. Key protections provide for equitable opportunities, access and non-discriminatory policies and practices. These protections might be part of the discussion if a student, because of disability, is denied access to a field trip, extracurricular opportunities, a unique learning environment or something else that is generally available to all students.
Section 504 includes specific provisions to protect students from bullying related to disability conditions: A US Department of Education Dear Colleague letter about bullying describes those protections as an aspect of a school district’s responsibility to provide FAPE.
Independent Educational Evaluation (IEE)
If parents/caregivers disagree with the evaluation or the school’s decision to decline support services, they can pursue a request for an Independent Educational Evaluation (IEE). Making this request in writing encourages a professional response. When granting a request for an IEE, the school district provides a list of possible examiners and covers the cost. If the school district denies an IEE request, the district initiates a due process hearing within 15 calendar days to show that its initial evaluation was appropriate.
Here are additional resources:
Washington laws regarding evaluation are in 392-172A, 03005-03080, of the Washington Administrative Code (WAC)
Office of Superintendent of Public Instruction (OSPI): k12.wa.us
Center for Parent Information and Resources (English and Spanish): Parentcenterhub.org
Smart Kids with Learning Disabilities: smartkidswithld.org
PAVE’s Parent Training and Information (PTI) team can provide you with 1:1 support and additional resources. Here are ways to Get Help:
Call 1-800-5PARENT (572-7368) and select extension 115, English or Spanish available, to leave a dedicated message.
Go online to fill out a form to Get Help! Use the Google translate to make it to the language you use the best!