Eligibility
Eligbility (legal specifications for eligibility requirements): Virginia’s Special Education categories are
- Autism
- Deafness
- Deaf-blindness
- Developmental delay (if your school division allows the use of this category)
- Emotional disability
- Hearing impairment (including deafness)
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
(includes chronic or acute health problems which adversely affect a child’s educational performance. The following are possible disorders that may qualify: asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis [a kidney disorder], rheumatic fever, sickle cell anemia, and Tourette syndrome)
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment (including blindness)
Child Find: Schools are required to locate, identify and evaluate those children who may need special education and/or related services. This includes all children regardless of citizenship or immigration status who are enrolled in schools, receiving home-bound or home-based instruction from the school, are home-schooled, are highly mobile (migrant and homeless children), incarcerated, suspended or expelled, in foster care or placed by a Comprehensive Services (CSA) team into private residential care.
Requesting and Evaluation: Parents have the legal right at any time to request that their child be evaluated for specific disabilities. Parents should address a written request to the principal or special education administrator of the school. It helps to document each concern so the schools will have a better understanding of which areas of suspected disabilities should be focused on when assessing your child. Date the letter and keep a copy of the letter and any attachments for your files.
Date
Name of Principal or Special Education Administrator
Name of School
School Address
Dear (name of principal or administrator)
I am the parent of ______________, who is in (grade). I suspect he/she has a disability, which is affecting his/her education. Please complete a comprehensive evaluation on him/her to see if he/she has a disability.
I look forward to hearing from you by (give 10 day deadline) to make an appointment to sign consent forms for the evaluation. After the evaluation is complete, I look forward to working with you to determining if (child’s name) is qualified for special education services.
Thank you for your assistance.
Sincerely,
(Signature)
Your name
Address
Phone number(s)
Email
Evaluation referral: Parents or school staff may make a referral request. When the referral is received, the special education administrator must record the date and reason for referral, the name of person making the referral, ensure confidentiality, and provide the parent(s) with prior written notice and procedural safeguards notice.
Prior Written Notice – Written notice from the school explaining the school’s proposal or refusal to act regarding your child’s education. This must be received before the school takes action to implement any decision on matters regarding identification, evaluation or placement of the child or the provision of a “Free and Appropriate Education” (FAPE).
Evaluation: A variety of tests and strategies are used to gather information about your child, including functional, academic, and developmental information. Tests and other evaluation materials must be provided and administered in your child’s native language and broad enough to identify all possible special education needs and related services rather than just those linked with suspected disability. Cognitive, behavioral, physical, and developmental factors must all be considered. The IEP team must evaluate all data and agree on their decision regarding your child and his or her need for special education services. If you disagree with the team’s decision, you may request an Independent Educational Evaluation (IEE). You may also request the school to pay for it. If the school does not agree to pay, they may file a Due Process Hearing.
Independent Educational Evaluation (IEE): This is an evaluation done by a qualified individual who does not work for the school. If a parent disagrees with the IEP team’s decision and requests an IEE, the school division must provide information about available sources and requirements for the evaluation. The school may not unnecessarily delay providing for an IEE. If the school refuses to pay for it, they may request a Due Process Hearing to show their evaluation was appropriate and an IEE is not necessary. If the hearing officer agrees with the school, the parent still has a right to obtain the IEE but the school will not have to pay for it. The results of the IEE and any other evaluations obtained at private expense are considered in the decision about the child’s special education needs and may be presented as evidence in any Due Process hearings.