FAQ

Questions and Answers 


What can I do if my child is struggling in school? 

There can be many reasons a child does not do well in school; you must ensure they eat well and sleep well.  Also, they don't have any problems with another child or the teacher.   Once those things are acceptable, seeking help and talking to their teachers is essential.  Teachers will explain your child's weaknesses and strengths. Once you gather all the information, you can request an evaluation. It is crucial to ask the principal and staff in charge of assessment in writing, not just verbally. You mustn't wait too long to seek help.  Well, the longer you wait, the more your child will fall behind.



What is Special Education?  

Special education is designed to meet the unique needs of children with disabilities. It and related services are provided in public schools at no cost to the parents. Special instruction can be provided in the classroom, at home, in hospitals or institutions, or in other settings.  This definition of special education comes from IDEA, the Individuals with Disabilities Education Act.  This law gives eligible children with disabilities the right to receive special services and assistance in school.


More than 6.8 million children ages 3 through 21 in the United States receive special education and related services annually. Each of these children receives instruction that is specially designed:

- To meet their unique needs (that result from having a disability); and

- To help the child learn the information and skills other children learn in the general education curriculum.

What’s an IEP?

The acronym IEP stands for Individualized Education Program. This is a written document that describes the educational program designed to meet a child’s individual needs. Every child who receives special education must have an IEP.

The IEP has two general purposes:

- to set learning goals for your child and

- State the supports and services that the school district will provide for your child.

What Information is in Your Child’s IEP?

Present levels of academic achievement and functional performance 

This statement describes how your child is currently achieving in school. This includes how your child’s disability affects participation and progress in the general education curriculum.

Annual goals 

The IEP must state annual goals for your child and what you and the school team think they can accomplish in a year. The goals must relate to meeting the needs that result from your child’s disability. They must also help your son or daughter participate in and progress in the general education curriculum.

Special education and related services to be provided

The IEP must list the special education and related services for your child. This includes accommodation and services (e.g., preferential seating, a communication device, one-on-one tutor) that can increase your child’s access to learning and participation in school activities. It also includes changes to the program or support for school personnel that will be provided for your child.

Participation with children without disabilities. 

The IEP must include an explanation that answers this question: How much of the school day will your child be educated separately from children without disabilities or not participate in extracurricular or nonacademic activities such as lunch or clubs?

Dates and location. 

The IEP must state (a) when special education and related and supplementary aids and services will begin, (b) how often they will be provided, (c) where they will be provided, and (d) how long they will last.

Participation in state and district-wide assessments. 

Your state and district give student achievement tests to children in specific grades or age groups. To participate in these tests, your child may need individual accommodations or changes in how the tests are administered. The IEP team must decide what accommodations your child needs and list them in the IEP. If your child will not be taking these tests, the IEP must include a statement as to why the tests are inappropriate for your child, how your child will be tested instead, and why the alternate assessment selected is suitable for your child.

Transition services

By the time your child is 16 (or younger, if the IEP team finds it appropriate for your child), the IEP must include measurable postsecondary goals related to your child’s training, education, employment, and (when applicable) independent living skills. The IEP must also include the transition services needed to help your child reach those goals, including what your child should study.

Measuring progress 

The IEP must state how school personnel will measure your child’s progress toward the annual goals. It must also state when it will give you periodic reports on your child’s progress.

Children who receive special education must participate as much as possible in the general education curriculum. They should learn the same curriculum as children without disabilities—reading, math, science, social studies, and physical education. In some cases, this curriculum may need to be adapted for your child to learn, but it should not be omitted. Participation in extracurricular activities and other nonacademic activities is also essential. Your child’s IEP needs to be written with this in mind.

For example, what special education and related services will help your child participate in the general education curriculum—in other words, to study what other students are learning? What special education, related services, or supports will help your child participate in extracurricular activities such as school clubs or sports? When your child’s IEP is developed, an essential part of the discussion will be how to support your child in regular education classes and activities in the school.



Should I take my interpreter if I don’t speak English, or must the school provide one? 

The school is mandated to supply an interpreter. Children or other people brought to the meeting cannot be used as interpreters.


How do I prepare myself for an IEP meeting?

The IEP meeting aims to develop your child’s Individualized Education Program. You can prepare for this meeting by:

- Making a list of your child’s strengths and needs;

- Talking to teachers and therapists and getting their thoughts about your child;

- Visiting your child’s class and perhaps other classes that may be helpful to them; and

- Talking to your child about their feelings toward school.

Write down what your child can accomplish during the school year. Look at your state’s standards for your child’s grade level. It also helps to note what you want to say during the meeting.


Five things to do before an IEP meeting


Who is eligible for special education?

Children with disabilities are eligible for special education and related services when they meet IDEA’s definition of a “child with a disability” in combination with state and local policies. IDEA’s definition of a “child with a disability” lists 13 different disability categories under which a child may be found eligible for special education and related services. These categories are listed in the inset box. IDEA describes what each of these disability categories means. 

States and school districts must follow IDEA’s definitions, but they also may add details to guide decision-making about children’s eligibility. That’s why it’s essential to know your state and local policies.

Services for Very Young Children
Infants and toddlers can also have disabilities. IDEA also includes services for children under three years of age. These services are called early intervention services and can be very important in helping young children develop and learn.

How do I find out if my child is eligible?
You can ask the school to evaluate your child. Call or write the director of special education or the principal of your child’s school. Describe your concerns with your child’s educational performance and request an evaluation under IDEA, to see if a disability is involved.

The public school may also be concerned about how your child is learning and developing. If the school thinks that your child may have a disability, it must evaluate your child at no cost to you. The school must request your permission and receive your written consent before assessing your child. Once you provide that consent, the evaluation must be conducted within 60 days (or within the state's established timeframe).

However, the school does not have to evaluate your child just because you have asked. The school may not think your child has a disability or needs special education. In this case, the school may refuse to evaluate your child. It must let you know this decision in writing and why it has been denied. This is called giving you prior written notice.

If the school refuses to evaluate your child, there are two things you can do immediately:

Ask the school system for information about its particular education policies and parents' rights to disagree with decisions made by the school system. These materials should describe the steps parents can take to appeal a school system’s decision.

Contact your state’s Parent Training and Information (PTI) center. The PTI is an excellent resource for parents who want to learn more about special education, their rights and responsibilities, and the law.


Can the school put my child in special education without letting me know?

No, the school needs to receive consent from the parents.


What type of evaluations does the school complete? Who completes them?

Evaluating your child means more than the school just giving your child a test. The school must evaluate your child in all the areas where your child may be affected by the possible disability.

This may include looking at your child’s health, vision, hearing, social and emotional well-being, general intelligence, performance in school, and how well your child communicates with others and uses his or her body. The evaluation must be individualized (just your child) and full and comprehensive enough to determine if your child has a disability and to identify all of your child’s needs for special education and related services if it is determined that your child has a disability.

The evaluation process involves several steps. These are listed below.

Reviewing existing information

A team of people, including you, begins by looking at the school's information about your child. You may have information about your child you wish to share as well. The team will look at information such as:

- Your child’s scores on tests given in the classroom or to all students in your child’s grade;

- The opinions and observations of your child’s teachers and other school staff who know your child; and

- Your feelings, concerns, and ideas about how your child is doing in school.

Deciding if more information is still needed

The information collected above will help the group decide:

- If your son or daughter has a particular type of disability;

- How your child is currently doing in school;

- Whether your child needs special education and related services; and

- What your child’s educational needs are.

If the information the team collects doesn’t answer these questions, the school must collect more information about your child.

Collecting more information about your child

The school must have your informed written permission before it may collect additional information about your son or daughter. The school must also describe how it will collect the information.

This includes describing the tests used and how the school will gather information about your child. After you give your consent, the school will go ahead as described. The information it gathers will give the evaluation team the information it needs to make the decisions listed above.

How does the school collect this information?

The school collects information about your child from many different people in many ways. Tests are an essential part of an evaluation, but only a part. The evaluation should also include:

- The observations and opinions of professionals who have worked with your child;

- Your child’s medical history, when it relates to his or her performance in school; and

- Your ideas about your child’s school experiences, abilities, needs, behavior outside of school, and feelings about school.

The following people will be part of the team evaluating your child:

- You, as parents;

- At least one regular education teacher if your child is or may be participating in the regular educational environment;

- At least one of your child’s special education teachers or service providers;

- A school administrator who knows about policies for special education, about children with disabilities, about the general education curriculum (the curriculum used by students who do not have disabilities), and about available resources;

- Someone who can interpret the evaluation results and talk about what instruction may be necessary for your child;

- Individuals (invited by you or the school) who have knowledge or special expertise about your child;

- Your child, if appropriate;

- Representatives from any other agencies that may be responsible for paying for or providing transition services (if your child is age 16 or, if appropriate, younger and will be planning for life after high school); and

- Other qualified professionals.

These other qualified professionals may be responsible for collecting specific kinds of information about your child. They may include:

- A school psychologist and/or an occupational therapist;

- A speech and language pathologist (sometimes called a speech therapist);

- A physical therapist and/or adaptive physical education therapist or teacher;

- A medical specialist; and

- Others that are important to understanding the whole child and his/her unique learning needs.

Professionals will observe your child. They may give your child written tests or talk personally with your child. They are trying to get a picture of the “whole child.” For example, they want to understand such aspects as:

- How well your child speaks and understands language;

- How your child thinks and behaves;

- How well your child adapts to changes in his or her environment;

- How well your child has done academically;

- How well your child functions in a number of areas, such as moving, thinking, learning, seeing, and hearing; and

- Your child’s job-related and other post-school interests and abilities.

IDEA gives clear directions about how schools must conduct evaluations. For example, tests and interviews must be given in the language (for example, Spanish, sign language) or communication mode (for example, Braille, using a picture board or an alternative augmentative communication device) that is most likely to yield accurate information about what your child knows or can do developmentally, functionally, and academically. The tests must also be given in a way that does not discriminate against your child because he or she has a disability or is from a different racial or cultural background.

IDEA states that schools may not decide a child’s eligibility for special education based on the results of only one procedure, such as a test or an observation. More than one procedure is needed to see where your child may be having difficulty and to identify his or her strengths and needs.

Schools can sometimes conduct a child’s entire evaluation within the school. In other cases, schools may not have the staff to do all needed evaluations. These schools must hire outside people or agencies to do some or all evaluations. If your child is evaluated outside of the school, the school must make the arrangements. The school will say in writing exactly what type of testing is to be done. All of these evaluation procedures are done at no cost to parents.

In some cases, once the evaluation has begun, the outside specialist may ask for more testing. Make sure you tell the specialist to contact the school. If the testing goes beyond what the school originally asked for, the school needs to agree to pay for the extra testing.

What is an eligibility meeting vs. an IEP meeting? 

During the eligibility meeting, the team members will present the findings of their evaluations and provide recommendations if the student qualifies for Special Education. During the IEP meeting, the team will discuss goals and objectives as well as accommodations that will increase the student's level of performance.  


What if I hear inaccurate information during the eligibility conference or IEP and want it changed? 

As a parent, you have the right to ask for the correction of any incorrect information.


Should I see a draft of the IEP before the meeting? 

Yes, in some school districts, parents are entitled to see a draft of the IEP 5-10 days before the meeting.


What happens in an IEP meeting?  Who develops my child’s IEP? And who will be present at the IEP meeting?

Many people come together to develop your child’s IEP. This group is called the IEP team and includes most of the same types of individuals who were involved in your child’s evaluation. 

Team members will include:

- You, the parents

- At least one regular education teacher, if your child is (or maybe) participating in the regular education environment

- At least one of your child’s special education teachers or special education providers

- A representative of the school system who (a) is qualified to provide or supervise the provision of special education, (b) knows about the general education curriculum, and (c) knows about the resources the school system has available

- An individual who can interpret the evaluation results and talk about what instruction may be necessary for your child

- Your child, when appropriate

- Other individuals (invited by you or the school) with knowledge or special expertise about your child. For example, you may wish to invite a relative who is close to your child or a childcare provider. The school may want to ask a related services provider, such as a speech therapist or a physical therapist. 

With your consent, the school must also invite representatives from other agencies likely to be responsible for paying for or providing transition services (if your child is 16 years old or, if appropriate, younger).


Can I help develop my child’s IEP?

Yes, absolutely. The law clearly states that parents can participate in developing their child’s IEP. Your input is invaluable. You know your child very well, and the school needs your insights and concerns. That’s why IDEA makes parents equal members of the IEP team.

The school staff will schedule the IEP meeting at a convenient time for all team members to attend. If the school suggests an impossible time for you, explain your schedule and needs. You must participate in this meeting and share ideas about your child’s needs and strengths. Often, another time or date can be arranged.



How long does it take before my child gets services?

 It depends on your situation. In some cases, districts must comply with fixed deadlines set by law. In other cases, there is yet to be an official timeline.

- If your child doesn’t have an IEP, the process usually takes between 90 and 120 school days.

- If your child has an educational plan, and we are trying to change it, it can take one to three months.

My child has been found eligible for special education, and I agree. What’s next?

The next step is to write and implement an Individualized Education Program, usually called an IEP. After a child is found eligible, a meeting must be held within 30 days to develop the IEP.


How do I find out if my child is making progress?  

Every quarter, the provider needs to write a report on the progress. 


Can the school fail my child even if he has an IEP?  

Yes, but it depends on what is written in the IEP. 

An IEP does not guarantee that a child will not fail a grade, and no wording in the IDEA prohibits a school from failing a child because it has an IEP. 



Can the meeting be held without the parents participating?

Yes. IDEA’s regulations state that the school may hold the IEP meeting without you if it cannot convince you that you, as parents, should attend. If neither parent can attend the IEP meeting, the school must use other methods to ensure your participation, including video conferences and individual or conference telephone calls.

If you still can’t attend or participate in the IEP meeting, the school may hold the IEP meeting without you—as long as it keeps a record of its efforts to arrange a mutually agreed-on time and place and the results of those efforts. This can be accomplished by keeping detailed records of:

- Telephone calls sent, made, or attempted and the results of those calls;

- Copies of correspondence to you and any responses received; and

- Detailed records of visits made to your home or work and the results of those visits.

If the school holds the meeting without you, it must keep you informed about it and any decisions made there. The school must also ask for (and receive) your written permission before special education and related services may be provided to your child for the first time.


What can I do if I disagree with the label and services they offer my child? 

 If you disagree, you don’t have to sign consent.  As a parent, you have the right to have the opportunity to have meaningful participation.  You have the right to say your opinion during IEP meetings and to be listened.  


How often does the IEP need to be reviewed? 

 The school must hold an annual review every year.  


Can an IEP be changed without holding an IEP meeting, without the parent’s consent, or being present?

 No, parents need to provide consent.  


Does the IEP meeting have to be in person? 

No, it can be conducted over the phone.


If I can’t make it to the meeting at the time the school set up, do I have the right to ask them to reschedule it? 

Parents have the right to request to reschedule to participate in the meeting.  


Should I agree to let them have the meeting, and then they review the paperwork with me afterward?  

No. The parent should be able to participate and provide feedback about what is written in the IEP. 


Will my child be re-evaluated? How often? 

The child is re-evaluated every three years.  


What happens if my child is found eligible for special education, but I don’t agree?  

The parent will need consent to provide special education services to your child.   


What if I disagree with the school about the services they will give my child? 

Yes, the school must obtain your informed written consent before providing your child with special education and related services and must make reasonable efforts to obtain that consent. If you don’t respond to the request for consent for the initial provision of special education and related services, or you refuse to give consent, the school system may not override your lack of consent and implement the IEP. The school system is not considered in violation of its requirement to make free appropriate public education available to your child. Your lack of consent, however, means that your child will not receive special education and related services in school.


 Can I get a copy of the IEP after the meeting? 

Yes, you are entitled to get a copy of the finalized IEP.  


Can the school team talk to my child’s doctor or mental health counselor?  

If the parent has signed a Consent for Release of Information, the school can consult the child's doctor. If the child is over 12, he must also sign the consent.  


I agree that my child needs services, but I don’t want him to be stigmatized.  The fact that your child has an IEP is confidential.  Only his current teachers and service providers will learn that he has an IEP.  


What is an annual review?   Who needs to be there?  

Parents are invited to attend the annual review to learn about their child’s progress.  Teachers and other service providers that service your child also attend the annual review.  


Can my child attend the IEP meeting?

 If your child is 14 years old and over, he will be invited to the IEP.  


May a team member be excused for leaving the meeting before is done? 

The parent can decide to excuse a team member from leaving the meeting.


What do I do if I find out after my child has an IEP that he is not receiving services? If you find out that the child is not receiving the services in the IEP, set up a meeting with his homeroom teacher and principal.  


When should I hire an advocate? Parents should hire an advocate when they feel that the school is not listening to their concerns.   


What is the law related to Special Education? 

IDEA is the law that is related to special education.


May I revoke my consent for special education and related services after initially giving it?

Yes. At any time after providing initial consent, you may revoke consent, in writing, for the continued provision of special education and related services. Once you revoke consent, the school system may no longer provide special education and related services to your child, and they may not use mediation or due process procedures to try to override your revocation of consent.

Once you revoke consent, your child will be no longer receive the services and supports that were included in his or her IEP. Additionally, there are also a number of other consequences that may arise, such as how your child may be disciplined.

Therefore, it is important for you to ask questions about how your child’s education will be affected before revoking consent.

Can my child’s IEP be changed?
Yes. At least once a year a meeting must be scheduled with you to review your child’s progress and develop your child’s new annual IEP. But you don’t have to wait for this annual review. You (or any other team member) may ask to have your child’s IEP reviewed or revised at any time.

The meeting to revise the IEP will be similar to the IEP meeting described above. The team will talk about:

- Your child’s progress toward the goals in the current IEP;

- What new goals should be added and

- Do any changes need to be made to the special education and related services your child receives?

This annual IEP meeting—or any periodic IEP review you might request—allows you and the school to review your child’s educational program and change it as necessary

Can the IEP be changed without holding an IEP meeting?
Yes. If you and the school want to change your child’s IEP after the annual IEP meeting, you and the school may agree not to convene an IEP meeting. Instead, you and the school will develop a written document that will amend your child’s IEP. If your child’s IEP is changed, all IEP team members will be informed of the changes, and if you request it, the school must give you a copy of the revised IEP.

The meeting to revise the IEP will be similar to the IEP meeting described above. The team will talk about:

- Your child’s progress toward the goals in the current IEP;

- What new goals should be added; and

- Whether any changes need to be made to the special education and related services your child receives.

This annual IEP meeting—or any periodic IEP review you might request—allows you and the school to review your child’s educational program and change it as necessary.

Does the IEP meeting have to be in person?
No. When holding an IEP meeting, you and the school may agree to use other means of participation. For example, some members may participate by video conference or conferences calls.

Will my child be re-evaluated?
Yes. Under IDEA, your child must be reevaluated at least every three years, unless you and the school agree that a reevaluation is not necessary. The purpose of this reevaluation is to find out:

- If your child continues to be a “child with a disability,” as defined within the law; and

- Your child’s educational needs.

The reevaluation is similar to the initial evaluation. It begins by looking at the information already available about your child. More information is collected only if the IEP team determines that more information is needed or if you request it. If the group decides that additional assessments are needed, you must give your informed written permission before the school system may collect that information. The school system may only go ahead without your informed written permission if they have tried to get your permission and you did not respond.

Although the law requires that children with disabilities be re-evaluated at least every three years, your child may be re-evaluated more often if you or your child’s teacher(s) request it. However, reevaluations may not occur more than once a year, unless you and the school system agree that a reevaluation is needed.

How is my child’s eligibility for special education decided?
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. 

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 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.

What if I disagree with the school about what is right for my child?

You have the right to disagree with the school’s decisions concerning your child.
 This includes decisions about:

- Your child’s identification as a “child with a disability;”

- His or her evaluation;

- His or her educational placement; and

- Special education and related services that the school provides to your child.

In all cases where the family and school disagree, it is important for both sides to first discuss their concerns and try to reach consensus. Decisions can be temporary. For example, you might agree to try out a particular plan of instruction or classroom placement for a certain period. The school can check your child’s progress at the end of that period. You and other members of your child’s IEP team can then meet again, discuss how your child is doing, and decide what to do next. The trial period may help you and the school agree on how to help your child.

If you still cannot agree with the school, it’s helpful to know more about IDEA’s protections for parents and children. The law and its regulations allow parents and schools to resolve disagreements. These include mediation, due process, and filing a complaint with the state educational agency. You also have the right to refuse consent for the initial provision of special education and related services or to cancel all special education and related services for your child without using mediation, due process, or filing a complaint.