More Information about Special Education
Maine Unified Special Education Regulations, Chapter 101, guides the provision of equal educational opportunities for all Maine students who have, or are suspected to have, a disability. AOS#47 provides a continuum of special education services, supportive or related services, and placements to meet the needs of students with disabilities in accordance with both state and federal laws and regulations. The following steps provide an overview of the referral, and eligibility process for special education.
STEP 1: A child is identified as possibly needing special education or related services.
Child Find - Each state is required by the federal Individuals with Disabilities Education Improvement Act (IDEIA) to identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do this, states conduct what are known as Child Find activities. When Child Find identifies a child as possibly having a disability and as needing special education, parents may be asked permission to formally evaluate their child.
Referral or Request for Evaluation - A school professional can request that a child be evaluated for the presence of a disability. Parents/guardians may also contact a child's teacher or other school professional to ask that their child be evaluated. All referrals must be in writing and signed parent consent must be provided before a child may be evaluated. The Maine Unified Special Education Regulations (MUSER) state that evaluations need to be completed within 45 school days after the district receives signed parent consent to evaluate a child.
STEP 2: The child is evaluated.
The process of evaluating a child is an essential step in determining eligibility for special education and related services. This process in intended to answer these questions:
Does the child have a disability that requires the provision of special education and related services?
What are the child's specific educational needs?
What special education services and related services are appropriate for addressing those needs?
As indicated by law, the initial evaluation of the child must be "full and individualized" meaning it must be focused solely on that child and their needs. The evaluation must assess the child in all the areas that may be related to the child's suspected disability. The results of the evaluation will be used to determine eligibility for special education and related services, and to inform decisions about developing an appropriate educational program.
Step 3: Eligibility is considered.
A group of qualified professionals and the parent meet as the Individualized Education Program (IEP) team to review the results of the evaluations and other relevant school data. Together the IEP team decides if the child is "a child with a disability" as defined by the Individual with Disabilities Education Act (IDEA). If the parents do not agree with the decision, they may ask for a hearing to challenge the decision.
Step 4: Child is found eligible for services and an IEP is developed.
If the child is found to be a child with a disability (as defined by IDEA), the child is eligible for special education and related services. During the IEP team meeting, the team will create an Individualized Education Program (IEP) for the child. At this meeting, the team will discuss the child's strengths, needs, and present levels of performance. They will write academic and functional skills goals for the child to work on for the next twelve months. The team will determine where specialized services will be delivered to the child (this is known as the placement). All of this information will all be recorded in a document called the IEP. Before the school may begin to provide special education and related services, the parent must provide written, signed consent for their child's initial placement in special education.
If the parent disagrees with the placement or the contents of the IEP they are encouraged to work with the IEP team and try to work out an agreement. If they are not able to reach an agreement there are other options available to them including mediation or filing a due process complaint with the state board of education. Parents are offered a copy of these parental rights annually and they may also be found here.
Step 5: Services are provided and progress is measured.
Upon receipt of signed parent consent for initial placement in special education, the IEP services will begin. The school will carefully monitor the child's progress toward each of their IEP goals and will regularly report that progress to the parent. The IEP goals are calculated to be achieved during the one year period of the IEP. The IEP team will meet at least annually, or sooner if requested by the parent or school, to review the goals and services, and determine the need for new or additional goals.
Step 6: Reevaluation.
At least every three years, the child's eligibility for special education and related services is re-examined. The IEP team will meet to discuss appropriate evaluations and will gain written parent consent to conduct the evaluations. When evaluations are complete and the parent has had an opportunity to review the results, the IEP team will meet and complete the eligibility process, much as they did when the child was first found eligible. If the team determines that the child is still a child with a disability and is still in need of special education and related services, they will review the IEP and adjust it accordingly. If the team determines that the child no longer meets the requirements, or no longer needs special education and related services, the child will be dismissed from special education and the IEP will cease.
Notification of Parent/Student Rights
The parents of any student who is referred for Special Education consideration will receive a notice of parental rights. This information is also available upon request or may be found here: Maine Procedural Safeguards
More information.
If you would like more information, please contact the office of special services at 825-3397, or visit these websites:
https://www.maine.gov/doe/learning/specialed
https://www.maine.gov/doe/cds/muser