There ARE Some Students Who Struggle, But Do Not Qualify for Special Education

It is very difficult for parents and teachers when a child who struggles in the classroom does not qualify for special education. To many it seems that if a child needs help, they should get an IEP. However, it is not that easy. School systems are required to provide data to support why a student qualifies for special education services. If the data does not meet the criteria based on the federal guidelines, a school is not permitted to provide special education services to that student. This can be a huge shock to parents when the test data comes in and does not support eligibility for special education. The number one argument: "But he is struggling so much, how can he not qualify?" The test data may support, that yes, your child is struggling. However, struggling students do not always qualify.

When this occurs, a parent has a number of options. If they do not feel that the data is accurate, parents have a right to request an Independent Educational Evaluation at the expense of the school system. A professional, not tied to the school system will complete an evaluation. The school will reconvene an eligibility meeting and then determine if your child meets criteria based on the new data. Another option, is to look into whether your child would qualify for Section 504. This will offer protection for your child, but not to the degree as an IEP.

If special education is not going to be an option, parents need to advocate for their child each year. Request a Child Study Meeting or a team meeting with your child's teachers to develop strategies. Create a list of what has been tried and what has worked well. At the start of every school year, have a meeting with the new teacher/s and give them information about the strengths and weaknesses of your child.

In order to qualify for special education services:

1. A student must have a disability (one of the recognized categories from IDEIA 2004) The school district has specific criteria that must be met in order to determine that there is a disability. The federal government monitors schools systems to ensure that proper identification is in place since funding is so closely tied to the percentage of students in special education.

2. A student must have a documented need for special education, beyond reasonable accommodations in a general education classroom.

3. The difficulties can not be primarily the result of an environmental, cultural, or language disadvantage.

For More Information see "A Parent's Guide for when a child does not qualify for special education services"