Has your child been struggling in school?  Maybe they are not keeping up academically? Perhaps, your child is having difficulty focusing and attending, causing them to miss necessary instruction? Maybe they are having difficulty getting along with others or more severe discipline problems?

Most classroom teachers have some general strategies to try, but they may not be enough to curb the problem.  It may be time to refer your child for a special education evaluation to learn more about the nature of their difficulties.  If this has been going on for a while, you may be tired of waiting. You could be wondering, how do I get an IEP for my child?

If your child is not meeting expectations, it is possible that they have a disability and need supports and services through an IEP.  There are procedures in place to determine if your child is eligible for special education services.  There are three main parts to the special education eligibility process: 

1. Pre-Referral Interventions

2. Special Education Evaluation

3. Eligibility Determination 

Pre-Referral Intervention

During the pre-referral intervention phase, general education staff implement interventions and collect data to determine if the student can make progress with that level of support.  Students can be identified for these interventions through school or district-wide screening measures or concerns identified by the parent, teacher, or other school staff.  Many schools refer to this process as Response to Intervention (RtI).  

Some students who receive these interventions make meaningful progress.  Meaningful progress means they are progressing at a rate that will get them to a level of meeting grade-level expectations within a reasonable amount of time.  If the student is not making meaningful progress, a special education evaluation is recommended.

Special Education Evaluation

During the special education evaluation phase, formal evaluations are conducted, and additional data is collected to determine if a student meets eligibility criteria for special education services.  The formal evaluation may include psychoeducational evaluations and evaluations conducted by other specialists, including speech therapy, occupational therapy, physical therapy, assistive technology, behavior specialists, or others.  

The special education evaluation process includes more than formal evaluation results.  During this phase, the school will continue to implement interventions and to collect and monitor data on the student’s progress.  Other pieces of information to consider in the eligibility determination will also be gathered.  Examples include attendance data, disciplinary records, standardized test score results, classroom grades, classroom observations, and work sample analysis.  

Private Evaluations

The school will conduct these evaluations to determine if the student meets the criteria to receive special education services. In some cases, information from private evaluations can be used in special education eligibility decision making.  There are some caveats with this though because the criteria used in special education eligibility determinations and the criteria used for diagnosis by private providers are not always the same.  More information about private evaluations can be found in our blog “School versus Private Psychoeducational Evaluations: Things to Consider When Making Your Decision.”

Evaluation Timeline

Prior to the formal evaluation, parents must provide written consent.  This is an important point in the evaluation process because it starts the special education evaluation timeline. The 60-day timeline begins when parental consent for evaluation is signed.  There are some state-specific rules around these timelines but generally speaking, the special education evaluation process should be completed and an eligibility determination should be made within 60 days of signing the consent for evaluation.

Many parents mistakenly think that the timeline starts when they have RtI meetings during the pre-referral intervention phase to discuss their child’s progress.  Unfortunately, that is not the case.  There is no timeline for pre-referral interventions.  Many students receive pre-referral interventions for several years before being referred for a formal evaluation.  This is unfortunate because problems can compound and become worse during this time.  Parents do have the right to make a direct parental request for an evaluation which can get the student into the special education evaluation phase more quickly.  The federal government has issued guidance indicating that Response to Intervention (RtI) cannot be used to delay a special education evaluation.   

Special Education Eligibility Determination

After the special education evaluation is completed, the committee will convene for an eligibility meeting.  The eligibility committee will convene and review the formal evaluation information and the other data sources previously mentioned.  The committee will determine whether or not the student meets eligibility criteria for any of the 13 categories of special education eligibility categories.  Parents are members of the committee that makes the eligibility determination.  Being educated about the procedures of how to get an IEP, the eligibility criteria, and the data used in the decision-making process can help you to advocate effectively for the services that your child needs.

How to Get an IEP: Overview of the Special Education Eligibility Process

Have you been confused by the process of getting an IEP? As a former school psychologist, Dr. Brandi used to work on special education eligibility All. Day. Every. Day. so she knows her stuff on this topic! This free guide gives you an infographic that gives you an overview of the process. It also gives you a description of the process from start to finish as well as tips on how to get your child an IEP FAST!

Dr. Brandi Tanner is a Nationally Certified School Psychologist and former special educator with over 15 years of experience in her fields. She founded Your IEP Source to guide parents through the IEP journey and to empower them to become better advocates for their children.