Determining Eligibility

In this section, we learn about the eligibility process. The information gathered from the evaluation will be used to make important decisions about the child’s education. All the information about the child will be used:

• to decide whether the child is eligible for special education and related services; and
• to help the parent/guardian and the school decide what the child needs educationally.

How Is Eligibility for Special Education Decided?

As mentioned earlier, the decision regarding eligibility for services is based on whether the child has a disability that fits into one of the IDEA’s 13 Disability Categories and meets any additional state or local criteria for eligibility. This decision will be made when the evaluation has been completed, and when the results are available.

Parents and/or guardians are part of the team that decides a child’s eligibility for special education. This team will examine all the information gathered during the evaluation and decide whether the child meets the definition of a “child with a disability.” If so, the child will be eligible for special education and related services.

Under IDEA, a child may not be found eligible for services if the determining reason for believing that the child is eligible is that:

• the child has limited English proficiency; or
• the child has not had appropriate instruction in math or reading.

If the child is found eligible, the family and the school will work together to design an individualized education program. An overview of this process is described in the next section. You will have additional coursework in the future with more specific information on the development of IEPs and planning for instruction.

The school will provide the family with a copy of the evaluation report and the paperwork regarding eligibility for special education and related services at no cost.

What Happens if the Child is Not Eligible for Special Education?

If the eligibility team decides that the child is not eligible for special education, the school system must share that decision with the parent or guardian in writing and explain why the child has been found “not eligible.” Under IDEA, the parent or guardian must also be given information about what the family can do if they disagree with this decision.

IDEA includes many different mechanisms for resolving disagreements, including mediation. The school is required to tell the family what those mechanisms are and how to use them.

For more information, you can checkout this website: Parental Rights .

Parents and guardians can also get in touch with their state’s Parent Training and Information (PTI) center. The PTI can tell them what steps to take next.

What Happens if the Child is Found Eligible for Special Education, but the Parent/Guardian Does Not Agree?

If the child is found eligible for special education and related services, and the parent/guardian disagrees with that decision, or if the family does not want the child to receive special education and related services, they have the right to decline these services for the child. The school may provide special education and related services only if the family agrees. Parents/guardians may cancel special education and related services for the child at any time.

If the parent/guardian declines or cancels special education services and later changes their mind, the evaluation process must be repeated.