Determining Eligibility

What does the school do with the evaluation results?

The information gathered from the evaluation will be used to make important decisions about your child’s education. All of the information about your child will be used:

to decide if your child is eligible for special education and related services; and
to help you and the school decide what your child needs educationally.

How is my child’s eligibility for special education determined?

As was said earlier, the decision about your child’s eligibility for services is based on whether your son or daughter has a disability that fits into one of the IDEA’s 13 disability categories (see question #3) and meets any additional state or local criteria for eligibility. This decision will be made when the evaluation has been completed, and the results are available.

Parents are part of the team that decides a child’s eligibility for special education. This team will look at all of the information gathered during the evaluation and decide if your child meets the definition of a “child with a disability.” If so, your 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 thinking 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 your child is found eligible, you and the school will work together to design an individualized education program for your child. This process is described in detail in Part III.

The school will give you a copy of the evaluation report on your child and the paperwork about your child’s eligibility for special education and related services. This documentation is provided at no cost to you.

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.

What happens if my child is found eligible for special education, but I do not agree?

If your child is found eligible for special education and related services and you disagree with that decision, or if you do not want your child to receive special education and related services, you have the right to decline these services for your child. The school may provide your child with special education and related services only if you agree. Also, you may cancel special education and related services for your child at any time.

It is important to note, however, that if you decline or cancel special education for your child and later change your mind, the evaluation process must be repeated.