3 The Special Education Process

Special education is a critical component of the educational system, ensuring that students with disabilities receive the support and accommodations necessary to thrive academically, socially, and emotionally. The special education process involves a series of steps designed to identify, evaluate, and provide appropriate services to students with disabilities. This chapter outlines the key stages of the special education process, adapted from the Oklahoma State Department of Education Special Education Process Guide.

Identification, Review of Existing Data and Referral

The referral process for special education is a critical initial step in identifying students who may require additional support due to a disability. This process involves several key stages designed to gather information, assess the student’s needs, and determine whether further evaluation for special education services is warranted. The referral process often begins when a teacher, parent, or other school staff member identifies concerns about a student’s academic, social, or behavioral progress. These concerns may arise from observations in the classroom, standardized assessment results, or reports from parents or other professionals. Once concerns have been identified, the student may undergo an initial screening to gather more information about their strengths and areas of difficulty. This screening may involve informal assessments, classroom observations, and discussions with the student’s teachers and parents.

If the initial screening indicates that the student may have a disability and require special education services, they are referred to the school’s special education team. Parents are provided Written Notice that describes the evaluation procedures specific to the child. This ensures parents understand what action the school is proposing and the basis used in determining the action.  This team typically includes special education teachers, school psychologists, speech-language pathologists, and other professionals with expertise in assessing and supporting students with disabilities. The special education team begins by gathering information about the student’s educational history, including any previous assessments, interventions, and accommodations that have been tried. They may also collect information from parents, teachers, and other professionals who work with the student.

During this process, parents are provided a notice of Procedural Safeguards. Special education procedural safeguards are a set of legal rights and protections afforded to students with disabilities and their parents under the Individuals with Disabilities Education Act (IDEA). These safeguards are designed to ensure that students with disabilities receive a free appropriate public education (FAPE) and that their rights are protected throughout the special education process. This document details the following rights in place to protect students with disabilities and their families:

• Prior Written Notice: School districts must provide parents with written notice before taking certain actions related to the identification, evaluation, or placement of their child in special education. This notice must include a description of the action proposed or refused by the school, an explanation of why the action is being taken, and a description of any evaluations or assessments used to make the decision.
• Parental Consent: Parental consent is required before a child can be evaluated for special education services or before any changes are made to the child’s educational placement. Parents must also be informed of their right to revoke consent at any time.
• Independent Educational Evaluation: If parents disagree with the results of the school’s evaluation, they have the right to request an independent educational evaluation at public expense. This allows parents to obtain a second opinion from a qualified evaluator who is not employed by the school district.
• Access to Records: Parents have the right to inspect and review all educational records related to their child, including evaluations, assessments, IEPs, and progress reports. They also have the right to request copies of these records.
• Participation in Meetings: Parents must be afforded the opportunity to participate in all meetings related to the identification, evaluation, and placement of their child in special education. This includes IEP meetings, eligibility determination meetings, and meetings to develop or review the child’s educational program.
• Mediation and Due Process: Parents have the right to request mediation or a due process hearing to resolve disputes with the school district regarding their child’s special education services. Mediation is a voluntary process in which a neutral third party helps facilitate a resolution, while a due process hearing is a formal legal proceeding that involves presenting evidence and arguments before an impartial hearing officer.
• Stay-Put Provision: During the mediation or due process hearing process, the child must remain in their current educational placement unless the parents and school district agree otherwise or the hearing officer orders a change.
• Appeal Rights: Parents have the right to appeal the decisions made in due process hearings to state or federal court if they believe their child’s rights under IDEA have been violated.

Based on the information gathered, the special education team may decide to conduct a formal evaluation to assess the student’s eligibility for special education services, for which parental consent is required. This evaluation may include standardized assessments, observations, and interviews with the student, parents, and teachers. The goal is to gather comprehensive information about the student’s strengths, weaknesses, and educational needs. Following the evaluation, the special education team determines whether the student meets the eligibility criteria for special education services. This decision is based on whether the student has a disability that impacts their educational performance and requires specialized instruction and support to access the curriculum.

Formal Evaluation and Eligibility

Based on the information gathered, the special education team may decide to conduct a formal evaluation to assess the student’s eligibility for special education services. This evaluation must be “sufficiently comprehensive to identify all of the child’s special education and related service needs, whether or not commonly. linked to the disability category in which the child has been classified” (IDEA). As such, a variety of assessment tools and strategies must be used to gather relevant functional, developmental, and academic information about the child, including information provided by the parent. The evaluation should include include standardized assessments, curriculum-bad assessments, observations, and interviews with the student, parents, and teachers to evaluate the child’s health, vision and hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities. Initial evaluations must be completed within 45 school days or 60 calendar days (depending on the state), with the timeline beginning upon receipt of parental consent to conduct the evaluation and ends with the determination of eligibility for special education services. Initial evaluations must be designed individually based on specific concerns identified during the pre-referral process. Based on results of the formal evaluation, a student may be eligible for special education services under one or more of the 13 disability categories outlined in IDEA Sec. 300.8:

1. Autism Spectrum Disorder: Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.
2. Deaf-Blind: Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
3. Deaf: Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance.
4. Emotional Disturbance: Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance: an inability to learn that cannot be explained by intellectual, sensory or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; and/or a tendency to develop physical symptoms or fears associated with personal or school problems.
5. Hearing Impairment: Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section.
6. Intellectual Disability: Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance. The term “intellectual disability” was formerly termed “mental retardation.”
7. Multiple Disabilities: Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.
8. Orthopedic Impairment: Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).
9. Other Health Impairment: Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and adversely affects a child’s educational performance.
10. Specific Learning Disability: Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
11. Speech or Language Impairment: Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.
12. Traumatic Brain Injury: Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
13. Visual Impairment: Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.

Note of Interest: According to the National Center for Education Statistics, In 2021–22, the number of students ages 3–21 who received special education and/or related services under the Individuals with Disabilities Education Act (IDEA) was 7.3 million, or the equivalent of 15 percent of all public school students. Among students receiving special education and/or related services, the most common category of disability was specific learning disabilities (32 percent).

If the evaluation shows the student is eligible for special education services under one of the 13 aforementioned disability categories and it adversely impacts their educational performance, the next step is an eligibility meeting. The school staff and parents review the evaluation results and decide if the student qualifies for special education services. If the student is found eligible for special education services, the next step is to develop an Individualized Education Program (IEP). The IEP is a written document that outlines the student’s educational goals, the services and supports they will receive, and how progress will be measured. The IEP is developed collaboratively by the evaluation team, including parents, teachers, and other relevant professionals. Once the IEP is developed, the special education services and supports outlined in the plan are implemented. Ongoing monitoring and progress monitoring are conducted to assess the student’s progress toward their goals and make adjustments to the IEP as needed. The student’s IEP is reviewed and updated annually to ensure that it reflects the student’s changing needs and progress. Additionally, IDEA requires that students be reevaluated at least once every three years to determine whether they continue to be eligible for special education services. This video will introduce you to the required components of an IEP.

If a child is found ineligible for special education services, a 504 plan may be necessary. Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance from the U.S. Department of Education. A 504 plan is necessary in school when a student has a disability that substantially limits one or more major life activities, but does not require special education services under the Individuals with Disabilities Education Act (IDEA). The purpose of a 504 plan is to ensure that students with disabilities have equal access to educational opportunities and are provided with appropriate accommodations and supports to address their individual needs. A 504 plan may be appropriate for students with physical disabilities, such as mobility impairments, chronic health conditions, or orthopedic impairments when accommodations such as wheelchair accessibility, modified physical education activities, or assistance with activities of daily living are necessary. Students with health conditions such as diabetes, asthma, epilepsy, or severe allergies may require also required accommodations such as access to medication, modified schedules, or assistance with managing their condition while at school under a 504 plan. Further, students with mental health conditions such as anxiety disorders, depression, bipolar disorder, or attention-deficit/hyperactivity disorder (ADHD) may require accommodations such as counseling services, extended time on tests, preferential seating, or frequent breaks. While students with learning disabilities may also be eligible for special education services under IDEA, some students with milder learning disabilities may only require accommodations and supports through a 504 plan. This could include accommodations such as extended time on tests, preferential seating, access to assistive technology, or modified assignments. Finally, students with temporary disabilities such as broken bones, concussions, or recovery from surgery may require accommodations such as temporary mobility aids, modified assignments, or flexibility with attendance policies. This video is an excellent introduction to implementation of 504 plans in the classroom.

Multi-Tiered Systems of Support (Response to Intervention)

The Multi-Tiered Systems of Support (MTSS) process is a systematic approach used by schools to identify and support students who may be struggling academically or behaviorally. Response to Intervention (RTI), specifically, is a multi-tier approach that can be used as part of the process for determining special education eligibility under IDEA. RTI focuses on providing early intervention and support to prevent academic failure and address learning difficulties. RTI typically consists of three tiers or levels of support. Each tier represents a different level of intervention intensity, with Tier 1 being the most universal and Tier 3 being the most intensive. In Tier 1, universal interventions that are provided to all students in the general education classroom. These interventions are evidence-based and typically include high-quality instruction, differentiated teaching strategies, and ongoing progress monitoring. Targeted interventions that are provided to students at Tier 2 who require additional support beyond what is available in Tier 1. These interventions are more specialized and may involve small group instruction, supplemental materials, and increased frequency of progress monitoring. At Tier 3, intensive interventions that are provided to students who continue to struggle despite receiving support at Tiers 1 and 2. These interventions are highly individualized and may involve one-on-one instruction, specialized curriculum, and frequent progress monitoring.

A key aspect of the RTI process is the use of data to inform decision making at each tier of support. Schools collect data on student performance through assessments, progress monitoring tools, and teacher observations. This data is used to identify students who are not making adequate progress and determine the appropriate level of intervention. Progress monitoring is an essential component of RTI and involves regularly assessing students’ progress to determine whether interventions are effective. Progress monitoring data is used to adjust interventions, make instructional decisions, and determine whether a student may require a change in tier placement. For students who require intensive interventions at Tier 3, an individualized support plan may be developed. This plan, often referred to as a Student Support Team (SST) or Student Assistance Team (SAT) plan, outlines specific goals, interventions, and progress monitoring measures tailored to the student’s needs.

If a student continues to struggle despite receiving intensive interventions through the RTI process, they may be referred for a comprehensive evaluation to determine eligibility for special education services. RTI data can provide valuable information to support the special education evaluation process. IDEA 2004 says, school districts “shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability …” nor are schools prohibited from using a discrepancy model. Further, “in determining whether a child has a specific learning disability, a [school] may use a process that determines if the child responds to scientific, research-based intervention as part of the evaluation process…” (20 U.S.C. 1414(b)(6)). While a child may be found to exhibit a “pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade level standards, or intellectual disability,” (Regulation 300.9(a)(2)(ii) and 300.311(a)(5)(ii)(B)). federal law does not require schools to use RTI to determine eligibility for any disability. RTI is simply a method school districts can use to help determine eligibility under the category of specific learning disability.

Special Education Process Flowchart

Recommended Learning Modules Connected to Content

1. The Pre-Referral Process: Procedures for Supporting Students with Academic and Behavioral Concerns. This module highlights the benefits of the pre-referral process—a preventative approach that can eliminate inappropriate referrals to special education—and outlines the six stages most commonly involved in its implementation (est. completion time: 3 hours).