The Special Education ProcessBy Christine Shaw

Step 1: Referral to consider special education:

Anyone can make a referral (ages 2.5-21).

Referral received in writing.

School has 15 days to “dispose” of the referral.

The IEP Team

Parents/guardians, teacher, special educator,

LEA, school psychologist, Speech pathologist, occupational

therapist, ABA providers/BCBA, physical therapists, mobility specialists, teacher of the Deaf or hearing impaired, teacher of the blind,

And others where appropriate (e.g. guidance counselor).

Step 2: Referral meeting:

Team collects and reviews all of the information and concerns

Determines whether a comprehensive evaluation is warranted.

Other choices: initial screening, RtI, or to wait for other medical or evaluation information (e.g. a child with a history of ear infections getting tubes or tonsils/adenoids removed).

Parent permission needed to evaluate.

Step 3: Evaluation Must be completed in 45 calendar days One 15 day extension with written parent

permission Shows strengths and weaknesses If parents disagree with evaluations

(request an independent evaluation at public expense or pay for their own independent evaluation).

Step 4: Determination of eligibility

Team reviews evaluation results Determines if the child is eligible for special education : Determine category of Disability Autism Deaf-Blindness Deafness

Developmental Delay Emotional Disturbance Hearing Impairment Intellectual Disability (formerly MR) Multiple Disabilities Orthopedic Impairment Other Health Impairment Specific Learning Disability Speech and Language Impairment

Traumatic Brain Injury Visual Impairment Disability must impact them educationally and require

special education

Step 5: Development and approval of the IEP

Team has 30 days to meet and develop and IEP

IEP is reviewed annually IEP is revised as needed Must be in place for school year Parent has 14 days to sign: agree,

disagree or agree with exception

Step 6: Placement

IEP signed by both parents and school district

IEP team determines the LRE to implement the IEP

30 days to determine placement

LRE continuum of placement slide for prek

Early Childhood Program A preschool child with a disability attends an early childhood program

Home Setting Is defined as a program when child age 3-5 receives some or all of his/her special education and related services in the child’s home

Special Education Program A preschool child with a disability attends a special education program

Service Provider Location A child with a disability receives supports and services from a service provider

A Separate School Setting Is defined as a program where a child age 3-5 receives all of his/her special education and related services in educational programs in public or private day schools designed specifically for children with disabilities.

Residential Facility A preschool child with a disability attends a publicly or privately operated residential school or residential medical facility on an inpatient basis.

 LRE continuum of placement slide for 6-21

Regular Classroom A child with a disability attends regular class with supports and services required in the IEP.

Regular Classroom with consultative assistance A child with a disability attends a regular class with assistance being provided to the classroom teacher by consulting specialists

Regular Classroom with Assistance by Specialists A child with a disability attends regular class with services provided by specialists.

Regular classroom with Resource room help A child with a disability attends a regular class and receives assistance at or through the resource room program.

Regular Classroom plus Part-time Special Class A child with a disability attends a regular class and a self-contained special education classroom.

Full-time Special Class A child with a disability attends a self-contained special class full-time

Full-time or part-time special day school A child with a disability attends a publicly or privately operated special day program full-time or part-time

Full-time Residential Placement

Home Instruction

Hospital or Institution

A child with a disability attends a publicly or privately operated residential program full-time

A child with a disability receives all or a portion of her/his special education program at home in accordance with ED 1115.05

A child with a disability receives special education while in a hospital or institution.

Step 7: On-going monitoring of the IEP

Progress reports (how/when reported) Annual revisions as needed Annual review Re-evaluation at least once every 3 years

unless parent and school district agree it is not needed

Or sooner if parent requests it sooner

Additional Parental Rights (PIC)

Participation in all meetings as a member of the IEP team

Right to invite other parties to attend the IEP meeting (ESS, family members, outside service provider).

Receive information in a way that is understandable Be provided with a translator or interpreter, if

needed Request an IEP meeting and have the meeting held

within 21 days or be given written prior notice as to why the school will not schedule the meeting

Give, withhold, or revoke written consent

Additional Parental Rights (PIC)

Access their child’s educational records For children 2 years old, receiving ESS, an IEP in

place by the child’s 3rd birthday Be notified about important decisions regarding

their child’s education (Written Prior Notice) Receive written notice of IEP meetings 10 days

before the meeting (waiver form) Request and be given access to information 5

days prior to an IEP meeting File a complaint, request a facilitated IEP

meeting, mediation, a neutral conference or a due process hearing

References http://nichcy.org/schoolage/steps 10 steps in

special education http://nichcy.org/schoolage/keyterms key terms http://idea.ed.gov/ http://www.education.nh.gov/instruction/special_

ed/documents/nh_rules_2012_web.pdf http://www.education.nh.gov/instruction/special_

ed/proceduralsafeguards.htm 

Individuals with Disabilities Education Improvement Act 2004 - Federal Law

NH Rules for the Education of Children with Disabilities 2008 –State Law

Procedural Safeguards is based on IDEA and the NH Rules