Safeguarding Rights. Shaping Futures.

Safeguarding Rights. Shaping Futures.

Special Education Eligibility

Table of Contents

Families frequently ask themselves, “Is this just a phase, or does my child need special education support?” when their child is having academic difficulties. The solution is a process that requires careful observation, planned interventions, and collaboration; it doesn’t happen overnight. 

In a Response to Intervention (RTI) approach, a student’s eligibility for special education is usually assessed following targeted assistance through Tier 2 and Tier 3 support. The goal of these early interventions is to assist the youngsters achieve without special education; nevertheless, if development is still slow, a more thorough assessment is necessary.

A collaborative effort lies at the core of the eligibility determination. Parents collaborate with trained experts, such as school psychologists or speech-language pathologists, as well as the kid’s usual teacher (or a suitable substitute if the child is not yet of school age). To make sure that no one test or viewpoint influences the result, they jointly examine a variety of data, including diagnostic evaluations and classroom performance.

We’ll explain in this blog how special education eligibility is decided, who is involved, and what types of information are used to inform these crucial choices in a straightforward, understandable manner for both educators and families.

Evaluating for a Specific Learning Disability (SLD): Additional Procedures

It takes more than one test result or observation to determine if a kid has a Specific Learning Disability (SLD). It’s a thorough and cooperative procedure that aids schools in comprehending a child’s learning style and any support needs. The school team and parents may start evaluating for SLD if a youngster is still having difficulty in a particular academic area even after receiving additional support. To ensure that every choice is just, supported by facts, and really in the child’s best interest, this evaluation adheres to strict guidelines and protocols.

A. SLD Determination Criteria

The evaluation team considers the kid’s performance in relation to other children of the same age and ability in order to determine whether the child has an SLD. Even when the child has average or above-average intellect, they may fit the requirements for an SLD if they are not performing at the expected levels in specific academic areas. These domains consist of:

  • Verbal communication
  • Understanding what you’re hearing
  • Expression in writing
  • Fundamental reading abilities
  • Understanding what you read
  • Math computation
  • Mathematical reasoning

Test results, student performance in the classroom, teacher reports, and examples of the child’s everyday work may all be examined by the team. A discernible discrepancy between a child’s aptitude and degree of accomplishment may occasionally be a sign of a learning processing disorder, particularly if persistent patterns of difficulties are noted.

B. Exclusionary Factors for SLD Identification

The team must make sure that there are no other factors contributing to the learning difficulties. A child cannot be diagnosed with an SLD if the following factors account for the majority of their difficulties:

  • Hearing, vision, or motor impairments
  • Intellectual impairments
  • Disturbances in emotions
  • Economic, cultural, or environmental drawbacks

This measure guarantees that students receive the best support possible based on their true needs and guards against misidentification.

C. Observation Requirement

The child’s academic achievement is directly observed as part of the SLD evaluation. The child’s behavior and learning in a normal educational environment must be observed by a team member who is not the child’s regular classroom instructor. 

The observation should be conducted in an age-appropriate setting, like a daycare or learning center, if the child is not enrolled in school at the moment (for example, homeschooled or preschool-aged). Beyond exam scores, this helps give a practical picture of how the youngster functions.

D. Written Report Requirement

Following the completion of all assessments and observations, the group is required to draft a comprehensive written report. This report is a crucial component of the eligibility determination and needs to contain:

  • An explicit declaration regarding the child’s SLD status
  • The rationale for that decision
  • Behaviors seen when observing a classroom or other learning environment
  • How the child’s academic challenges are related to such behaviors
  • Any pertinent medical findings
  • Whether there is a significant and irreversible discrepancy between aptitude and success
  • Examining if economic, cultural, or environmental variables were involved

The report must be signed by every team member attesting that it accurately represents their findings. Any member who disagrees with the overall conclusions is required to include a statement explaining why.

Two-Prong Test for Special Education Eligibility

To determine whether a child qualifies for special education services under the Individuals with Disabilities Education Act (IDEA), schools employ a test known as the Two-Prong Test. This exam guarantees that only pupils who actually require specialist support are given it, and that the choice is made taking into account the child’s actual needs as well as legal definitions. 

A. Two Essential Components

A kid must fulfill both of the following requirements in order to be eligible for special education:

  • It is necessary to identify the child as a “child with a disability.”
  • Due to such handicaps, the child must require special schooling and related assistance.

This implies that a child’s diagnosis of a disability alone does not make them eligible. Additionally, there must be proof that the handicap is influencing their capacity to learn in a general education classroom without the assistance of a specialist.

A student with ADHD, for instance, may have the diagnosis (meeting the first prong), but they may not fulfill the second prong if they are succeeding academically using straightforward classroom techniques and don’t need specialized training.

B. Definition of “Child with a Disability”

IDEA defines a “child with a disability” as a person who fits into one of the particular groups specified in the law, including:

  • Autism
  • Impaired hearing or deafness
  • Disturbance in emotions
  • Intellectual disability
  • Disability related to orthopedics
  • Particular type of learning disability
  • Impairment of speech or language
  • Brain damage caused by trauma
  • Impairment of vision
  • Other medical conditions (such as ADHD)

However, being diagnosed with one of these conditions alone is insufficient. Due to the condition, the child must also require special education and related assistance. Depending on how the handicap impacts their capacity to function in school, this could entail requiring assistance with reading, writing, communication, behavior, or mobility.

This two-pronged strategy offers a transparent, equitable procedure for evaluating eligibility and helps guarantee that special education resources are allocated to students who will actually benefit from them.

Non-Categorical Designations: Developmental Delay

It might be challenging to identify a particular disability category, such as autism or a learning disability, right away when young children exhibit evidence of growth or learning delays. Because of this, the Individuals with Disabilities Education Act (IDEA) permits a more accommodating strategy known as “developmental delay.” 

A. Ages and Use

If a child between the ages of three and nine exhibits notable delays in one or more of the following categories, IDEA allows states and Local Education Agencies (LEAs) to designate the child as having a developmental delay:

  • Physical development (e.g., coordination or motor skills)
  • Cognitive growth (learning, reasoning, and solving problems)
  • Development of communication (speech and language abilities)
  • Emotional or social development (emotional control, interpersonal harmony)
  • Adaptive development (the ability to clothe or feed oneself)

The child must need special schooling and related services as a result of the delay, and the delay must be quantified using suitable and trustworthy assessment instruments. Even in cases when a more precise handicap has not yet been determined, this method aids in the early intervention of young children.

B. IDEA Requirements for Developmental Delay

State policy determines whether or not the “developmental delay” category is used. This is how it operates:

  • The usage of “developmental delay” as a category by school districts within a state is up to the states.
  • The eligible age range is determined by each state and may include children aged 3 to 9 or a lower age range (e.g., ages 3 to 5 only).

When using this category, local school districts must adhere to the regulations and requirements set forth by their state. Unless the state permits it and offers rules, they are unable to apply the label independently.

States can promote early learning while preserving uniformity in the identification and assistance of disabilities because of this flexibility.

C. Implications for Learning Disabilities

It can be quite helpful to use the “developmental delay” category to identify children who require assistance early on, particularly in preschool and the early elementary years. Without waiting for a kid to fall far behind or fulfill rigorous requirements for a particular diagnosis, such as dyslexia or autism, it enables schools to offer special education programs.

Nonetheless, it’s crucial to keep in mind that developmental delay is a general term. It might miss the specifics of certain processing disorders, such dysgraphia or auditory processing disorder. To make sure the proper types of assistance are in place over the long term, schools frequently need to reevaluate and choose a more precise category under IDEA as children develop and their needs become more apparent.

Non-Categorical Designations Beyond Developmental Delay

Some states have adopted a more expansive approach, even though the IDEA’s “developmental delay” category is typically applied to young children between the ages of three and nine. 

These states give schools and families more freedom to identify and support youngsters who don’t yet neatly fit into one of IDEA’s specified disability categories by permitting the use of non-categorical designations after the age of nine. When a child’s learning difficulties are evident but a specific diagnosis is still being determined over time, this method can be particularly beneficial.

A. Expanded Age Ranges

Some states have broadened the idea of non-categorical eligibility by establishing their own categories or regulations that permit its use beyond the age range of 3 to 9, notwithstanding IDEA’s restriction on the use of “developmental delay.” These states might let schools to temporarily designate older kids with more general terms like “learning difficulties” or “educational disability.”

The goal of this strategy is to prevent service delays during ongoing evaluations or when a child’s requirements are complex and difficult to categorize. This is particularly helpful for students who may require assistance from several special education areas due to overlapping obstacles, such as emotional and learning issues.

B. Requirements

A thorough assessment is still necessary even when a non-categorical label is employed. Schools need to:

  • Make use of a variety of evaluation techniques and instruments.
  • Get feedback from parents, experts, and educators.
  • Examine the youngster in various contexts.
  • Eliminate any additional elements that might be contributing to the problem, such as a lack of instruction or language hurdles.

By doing this, it is ensured that the educational plan is appropriate and tailored to the child’s requirements and strengths.

Short-term flexibility may be provided by a non-categorical label, but evaluation and support standards remain the same. Since the end objective is to guarantee the child obtains the appropriate services, whether through a broad designation now or a more precise category later, meticulous and comprehensive evaluations are actually crucial.

Michigan Specific Rules for Special Education Eligibility

Both federal IDEA standards and state-specific guidelines that specify how pupils are assessed and recognized serve as guidelines for special education eligibility in Michigan. These guidelines aid in making sure that learners with a variety of learning and developmental needs get the assistance they require to thrive in the classroom. Michigan has specific requirements for each category, even if they may appear to be the same as those used nationwide.

A. Autism Spectrum Disorder (ASD) Students 

Students with ASD suffer from a lifelong developmental disorder that impacts their ability to engage with others, communicate, and react to their surroundings. They may exhibit repetitive habits or a limited range of interests, suffer with social interactions, and have trouble using or interpreting language. Additionally, certain people may exhibit odd reactions to light, music, or textures, which may have an impact on their behavior and learning in the classroom.

B. Cognitive Impairment (CI) Students 

Cognitively impaired students typically learn more slowly than their classmates and may require more time or alternative teaching strategies to acquire academic, life, or career skills. Students may get instruction utilizing alternative assessments and concentrate on objectives such as self-care, career readiness, or independent living, depending on their needs.

C. Deaf-Blindness (DB) Students 

Students who have both visual and hearing problems fall into this uncommon yet complicated category. Communication, learning, and development are all greatly impacted by the combination. In order to access learning, these children frequently need assistive technology and unique instructional techniques, as well as highly customized support.

D. Deaf or Hard of Hearing (DHH) Students 

This covers students who are unable to participate in classroom communication and spoken instruction due to a hearing loss of any severity, from slight to profound. In order for these kids to engage completely in class, they might benefit from hearing aids, interpreters, or other modifications.

E. Early Childhood Developmental Delay (ECDD) Students 

ECDD may be applicable to children under the age of seven who have notable developmental delays in domains such as motor skills, communication, or social-emotional development—but who may not fit the criteria for a particular impairment. The provision of early intervention services at the optimal time is ensured by this category.

F. Emotional Impairment (EI) Students 

Long-term emotional or behavioral issues in students with emotional impairment have a detrimental effect on their learning. This can involve improper behaviors, anxiety, despair, or withdrawal. These adolescents frequently require behavior intervention strategies, therapy, and mental health care.

G. Other Health Impairment (OHI) Students 

OHI includes a broad range of acute or chronic health disorders that affect a student’s energy, alertness, or ability to focus, such as ADHD, epilepsy, asthma, or diabetes, and for which the student may need specialized support, such as classroom adjustments, health plans, or adjusted schedules.

H. Physical Impairment (PI) Students 

Students in this group are those whose physical limitations limit their access to the classroom. They might require modified materials, mobility aids, or assistive technologies. Severe orthopedic disorders, muscular dystrophy, and cerebral palsy are a few examples.

I. Severe Multiple Impairment (SXI) Students 

Multiple, substantial impairments, whether intellectual, physical, or functional, significantly impact the everyday functioning of students with SXI. These kids typically require extensive, ongoing support, such as assistance with everyday duties, mobility, and communication.

J. Specific Learning Disability (SLD) Students

Students with SLD struggle to comprehend language or information in subjects like math, reading, writing, spelling, or listening. Dyslexia, dysgraphia, and dyscalculia are common conditions. Despite having ordinary or above-average intelligence, many students find it difficult to succeed academically without specialized training.

K. Speech and Language Impairment (SLI) Students 

SLI has an impact on a student’s comprehension and effective use of spoken language. This could indicate grammatical issues, trouble following instructions, difficulty expressing ideas, or unclear speaking. Both social and intellectual connections may be hampered by these problems.

L. Traumatic Brain Injury (TBI) Students 

This category includes students who have had a change in cognitive, emotional, or physical functioning that impacts their academic performance due to a brain damage brought on by an outside force, such as a fall, auto accident, or sports injury.

M. Visual Impairment (VI) Students 

Accessing visual information in the classroom is difficult for students with visual impairments, whether they are blind or partially sighted. They could need orientation and mobility services, large print, braille materials, or magnifying devices.

N.R 340.1702 Student with a disability defined

A student up to age 25 (as of September 1 of the school year) who has been determined by an IEP team or hearing officer to have one or more qualifying impairments that necessitate special education or associated services is considered a “student with a disability” under Michigan law. It’s important to note that students who turn 26 after September 1st can still get services for that academic year.

Kansas regulations at KAR 91-40-7(c)(1-2)

Before referring a child for an initial special education examination, Kansas schools are required to adhere to certain regulations. Making ensuring the child has been given an equal opportunity to achieve in a general education context is the first step in the process, as stated in KAR 91-40-7(c)(1-2). 

This entails giving the child top-notch teaching and monitoring their development over time. Making sure that a student’s learning difficulties aren’t just the result of inadequate instruction or bad teaching is the aim. A formal evaluation can only be conducted by the school once these procedures have been adequately documented.

Before beginning the review process, the school needs to accomplish the following:

Give Proper Instruction by Skilled Professionals

The school must demonstrate that instructors or other staff members who are appropriately qualified and trained provided the child with competent teaching in the normal classroom. This stage makes sure that inadequate instruction or a lack of access to suitable instruction are not the cause of learning challenges. For instance, the school must show that regular use of research-based reading strategies was made before considering special education if a student is falling behind in reading.

Evaluate the child’s academic performance on a regular basis

Monitoring progress is crucial. To monitor the child’s academic progress, the school must administer assessments on a regular basis at appropriate intervals. Instead of being a one-time test, these evaluations ought to show how the child responds to teaching over time. This information aids in determining whether, in spite of receiving additional assistance, the child is improving, remaining the same, or slipping further behind.

Give the parents the results of the assessment

It’s important to communicate with families. The parents of the kid must be informed by the school of the findings of these continuous evaluations. This guarantees that parents can be included in the decision-making process and are kept informed. Families are more prepared if and when an evaluation is suggested when they are aware of their child’s performance.

The findings of the assessment show evaluation is appropriate

The school must then decide if it makes sense to proceed with a special education evaluation in light of all the information gathered. The assessment results, which demonstrate that the child’s learning difficulties are substantial and ongoing even after receiving the proper teaching and therapies, should support this choice.

Prong 1: Determining Whether the Child is a Child with an Exceptionality

A child is deemed to have a handicap under federal IDEA statute (CFR 300.8) and KAR 91-40-1(w) if they have undergone a formal evaluation and been found to have one or more of the following conditions:

  • Intellectual disability
  • Deafness and other hearing problems
  • Language or speech disabilities
  • limitations of vision, including blindness

In Kansas statutes, emotional disturbance is sometimes known as “emotional disability.”

  • Orthopedic impairments 
  • Autism
  • TBI, or traumatic brain injury
  • Additional health impairments (OHI) — like epilepsy, asthma, or ADHD
  • Dyslexia and dysgraphia are examples of specific learning disorders (SLDs).
  • Deaf-blindness
  • Several impairments like hearing 

It takes more than just a diagnosis to satisfy this first prong. Additionally, the condition must necessitate special education and related assistance for the kid. A child with a speech disability, for instance, might not require special education if small classroom modifications are sufficient to meet their communication needs. However, the child might be eligible if the disability substantially limits their access to education.

Developmental Delays for Young Children

Kansas also complies with federal guidelines by permitting children who are having developmental delays and are between the ages of three and nine to be identified separately. Accordingly, a young child may be classified as having a disability under this more inclusive, non-categorical label if they are noticeably behind in areas such as social-emotional development, physical skills, or communication—and these delays impact their capacity to learn.

Emotional Disturbance versus Emotional Disability 

It’s also important to note the difference in nomenclature. The word “emotional disability” is used in Kansas statutes, which is consistent with the way IDEA defines “emotional disturbance” in federal law (Public Law 101-476). The phrase “emotional disturbance” will remain in use in court citations such as KAR 91-40-1 until Kansas revises its administrative regulations. Nevertheless, the identical eligibility group and service requirements are referred to by both words.

Exclusionary Criteria

Other potential causes of the student’s issues must also be ruled out by the evaluation team. To make sure that only students who actually require special education services are identified—and that students who require other forms of support, including improved instruction or language assistance, aren’t inadvertently placed in special education—this step is essential.

These are known as exclusionary criteria, and they ensure that a student’s learning difficulties are actually caused by a disability and not by another factor, thus preventing misidentification.

A. Identifying the Struggle’s True Cause

A kid may not be classified as having a handicap under KSA 72-986(f), KAR 91-40-10(c), and 34 CFR 300.306(b) if one of the following is the primary cause of their learning difficulty:

Inadequate reading instruction, which includes not offering clear and methodical instruction in:

  • Awareness of phonemes
  • The Phonics
  • Development of vocabulary
  • Fluency in reading, including reading aloud
  • Strategies for reading comprehension

Math skills were not taught to the learner utilizing efficient, research-based methods due to a lack of sufficient instruction.

Limited English proficiency, in which learning difficulties rather than a handicap are the main cause of the student’s difficulties. Before a kid may be classified as having a disability, these factors need to be thoroughly evaluated and ruled out.

The child does not meet the requirements for eligibility in any other way
If there is substantial evidence of a handicap, the student may still be reviewed even if one of the exclusionary conditions is present. However, regardless of how badly a student struggles, they cannot be classified for special education if, after a thorough review, they do not match the eligibility criteria for an exceptionality.

For this reason, it is crucial that the school team adheres to a methodical procedure that comprises:

  • Recording the education that the youngster has received
  • Displaying the metrics used to gauge their academic success over time
  • Data sharing with the family
  • Utilizing a variety of information sources for the assessment

Criteria for Exclusion Based on Disability

Certain disability categories include additional, particular criteria that must be ruled out in addition to the general exclusionary elements that apply to all disability categories. For instance, teams must look for additional potential causes, such as environmental factors or social-emotional pressures, while assessing a student for an emotional disturbance or specialized learning disability.

Prong 2: Determining Whether the Child Needs Special Education [Specially Designed Instruction] and Related Services

The second crucial question is whether a kid needs special education and related services as a result of their exceptionalism, after it has been established that they meet the requirements for one (Prong 1). In the special education qualifying process, this is referred to as Prong 

What Is Special Education?

KAR 91-40-1(kkk) and 34 CFR 300.39(a)(1) describe special education as instruction that is particularly prepared. To assist a youngster with a disability, this refers to instruction that has been modified or tailored:

  • Recognize the material being taught.
  • Participate in the instructional methodology.
  • View the actual instruction (the manner in which it is presented).

The child can access and advance in the general education curriculum alongside their peers thanks to these modifications. Removing obstacles that keep the child from reaching the same academic standards as others is the aim, not lowering expectations.

What Is Meant by “Specially Designed Instruction”?

According to 34 CFR 300.39(b)(3)(i–ii) and KAR 91-40-1(lll), specifically tailored instruction entails modifying the curriculum, teaching strategies, or delivery of instruction to accommodate the special requirements that arise from a child’s exceptionality. The child’s needs must be so great that they cannot be met by standard classroom accommodations alone.

For instance:

  • In addition to behavior charts and check-ins, a student with emotional disturbance may require intensive social-emotional training and counseling as part of their school day.
  • Explicit, multisensory phonics training may be necessary for a student with a special learning disability (SLD) in reading, in addition to what is provided in a regular classroom reading group.

Assessing the Need

The IEP team must consider the following when deciding if specially planned teaching is required:

  • Are the child’s challenges serious, ongoing, and directly connected to their exceptionality?
  • Supports already tried: Did the kid receive general education interventions at Tier 1 or Tier 2? If so, how did they react?
  • What is required for progress: Does the child require specialized, well planned instruction to make significant progress, or would ongoing general education support suffice?

A child satisfies Prong 2 if their requirements cannot be satisfied by interventions or accommodations alone and they require continuous, tailored teaching that modifies the way they are taught.

Specifics and indicators of Exceptionalities in Kansas

It takes more than just identifying a student’s condition to determine whether they are eligible for special education services in Kansas. To assist teams in precisely and fairly determining eligibility, each category of exceptionality contains a set of indications, necessary assessments, and exclusionary factors.

A. Autism

Exclusionary Factor: Neither an emotional disorder nor cultural or environmental variables can adequately account for the child’s challenges.

Prong 1: The child’s communication, social engagement, and repetitive or limited actions are all impaired.

Prong 2: In order to access the general curriculum, the kid needs personalized instruction, such as social skills training, communication help, or structured routines.

B. Developmental Delay

Exclusionary Factor: Not attributable to normal developmental variances or a lack of teaching.

Prong 1: Considerable delays in social/emotional development, physical abilities, communication, or cognition in children ages 3 to 9.

Prong 2: To develop basic skills and get ready for further schooling, the kid requires early intervention or preschool special education services.

C. Emotional Disturbance

Exclusionary Factor: Substance abuse, intellectual handicap, or transient situational stress cannot be the main cause.

Prong 1: Persistent emotional or behavioral issues that impede learning, such as anxiety, withdrawal, or hostility.

Prong 2: For the child to thrive academically and socially, therapy, behavior assistance, or counseling are required.

D. Gifted

Exclusionary Factor: High achievement or general classroom success alone cannot be the exclusionary factor.

Prong 1: The pupil has extraordinary aptitude in academic, creative, or intellectual domains.

Prong 2: To remain engaged and challenged, the student requires specialized education outside of the standard curriculum.

E. Intellectual Disability

Exclusionary Factor: Not brought on by a lack of opportunity, emotional instability, or sensory deficiencies.

Prong 1: Deficits in adaptive behavior and below-average intellectual performance.

Prong 2: The student requires continuous academic and practical training that is adapted to their rate of learning.

F. Learning Disability

Exclusionary Factor: Not brought on by inadequate training, emotional issues, or poor English skills.

Prong 1: Processing issues cause a substantial discrepancy between aptitude and performance in reading, writing, or math.

Prong 2: The child needs focused techniques, such as customized reading programs or multisensory education.

G. Multiple Disabilities

Exclusionary Factor: A number of substantial impairments must be present; a single primary disability is not included.

Prong 1: Co-occurring disabilities (e.g., cognitive + physical impairments) that collectively have a significant influence on learning.

Prong 2: The student requires a highly customized curriculum that addresses a variety of skill areas, including academics, mobility, and communication.

H. Orthopedic Impairment

Exclusionary Factor: Must not be brought on by a brief physical impairment or injury.

Prong 1: A physical condition that impacts school participation, such as cerebral palsy or amputation.

Prong 2: Needs customized instruction, mobility aids, or adapted equipment in order to participate in learning activities.

I. Other Health Impairment

Exclusionary Factor: Cannot be caused by transient health conditions, cultural norms, or environmental factors.

Prong 1: Acute or chronic illnesses that impact energy or alertness, such as diabetes, ADHD, or epilepsy.

Prong 2: Requires behavior plans, classroom assistance, or health-related education in order to advance academically.

J. Sensory Impairments

Exclusionary Factor: Minor impairments or transient sensory problems that don’t affect education cannot be the cause.

Prong 1: Loss of vision or hearing that restricts communication and educational opportunities.

Prong 2: Needs assistive technology, training, or specific resources (such as braille or interpreters) in order to participate in school.

K. Speech or Language Impairment

Exclusionary Factor: Unaffected by second language learning, lack of teaching, or dialectal variances.

Prong 1: Learning-impairing issues related to voice, articulation, fluency, or language understanding.

Prong 2: Requires communication assistance or speech-language treatment to improve social and academic abilities.

L. Traumatic Brain Injury

Exclusionary Factor: Must be caused by an outside factor rather than a birth defect.

Prong 1: Learning-related cognitive, emotional, or physical changes brought on by brain injury.

Prong 2: May call for memory techniques, social-emotional support, or retraining of abilities in light of new difficulties following an accident.

Reporting Requirements

The evaluation team must write an evaluation/eligibility report once the evaluation and eligibility determination are finished. This report has to contain:

  • The evaluation’s findings, and
  • The eligibility decision of the team.

This document is added to the student’s academic record and formally certifies if the child is eligible for special education services. Crucially, the parent must receive a copy at no expense (KAR 91-40-10(b); 34 CFR 300.306(a)(2)).

Furthermore, the report must contain certain information as required by state and federal rules (KAR 91-40-10(a), (e); 34 CFR 300.311) to ensure transparency and clarity in the eligibility decision-making process.

Conclusion 

It can be intimidating to comprehend the special education qualifying process, but it doesn’t have to be. Every stage, from determining the child’s needs to navigating federal regulations and Kansas-specific laws, is designed to make sure that students get the assistance they need when they need it. Understanding the two-prong test, excluding criteria, and documentation requirements is crucial for making an informed choice, whether you’re a parent attempting to advocate for your child or an instructor handling a challenging situation.

K Altman Law is available to help you at every stage. You can defend your child’s educational rights, lobby for services, and understand evaluations with the assistance of our skilled special education lawyers.

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