Feature Articles > Special Education Needs > Special Education Needs in the US: Overview

Special Education Needs in the USA

by Karen Moffitt

Special Education Needs are actually part of a broader description, Exceptional Student Education. An exceptional student is one who has special learning needs. The special assistance received in school is called Exceptional Student Education, ESE, or Special Education. This includes both children with disabilities and children who are gifted. The goal is to provide every exceptional student with a free, appropriate public education (FAPE), help them progress in school, access the general curriculum, and prepare for life after school.

What are the US laws that cover Students with Special Needs?

The Individuals with Disabilities Education Act (IDEA 2004) requires all U.S. public schools to provide for the special needs for all children, ages 3 through 21, with disabilities. For infants and toddlers with disabilities birth through two and their families, special services are provided through an early intervention system. Each state determines what they consider to be an “appropriate” education. Generally speaking, public school programs for special education are superior to services provided by private schools.

NB Remember, in the US, all state-run schools are called “public schools”.

The American Disabilities Act of 1990 provides safeguards to protect persons with disabilities from discrimination of any kind. This means that your child cannot be denied access to any program, such as field trips, school clubs, organizations, or sports activities, solely because of a disability.

Section 504 of the Rehabilitation Act of 1973 provides services to children who may not qualify as disabled under IDEA 2004 but who need additional supports of services to fully access the education system.

These federal laws apply to all fifty states, the District of Columbia, the Commonwealth of Puerto Rico, and the outlying areas (US Virgin Islands, Guam, American Samoa, and Commonwealth of the Northern Mariana Islands).

WHO IS ELIGIBLE FOR SERVICES?

All children living in the US, regardless of nationality, language spoken, or length of residency, are eligible to attend public school and receive services. If you think your child has special needs, request a free evaluation to determine if he or she has a disability, as defined by IDEA 2004, and to develop a specific program for your child.  Remember, just because your child is entitled to services, don’t expect the school to be falling all over themselves to give them to you. You must be your child’s strongest and persistent advocate.

HOW ARE DISABILITY CATEGORIES DEFINED?

IDEA 2004 provides specific definitions of 13 disability categories. Each state then further defines the specific criteria for eligibility (i.e., test scores, behavior scales, etc.). Once a student becomes eligible for ESE services under at least one of the  so-called exceptionalities, specifically spelled out in the GSGI SEN Definitions, his or her Individual Educational Plan (IEP) for disabilities is developed. 

WHAT IF MY CHILD IS GIFTED?

A child is considered gifted if he or she has superior intellectual development and is capable of high performance. Most public schools have programs for gifted students starting at grade 3 or higher. However, the federal government does not require gifted programs. If your child is identified as being in need of a gifted program, an Educational Plan (EP) will be developed. Usually, EP's are developed every three years, but can be reviewed more frequently if needed. You will be invited to EP meetings.

 What services are available for my child from Birth through age 2?

 The public schools provide services to parents and infants and toddlers from birth to age 2 who need early intervention services because they have developmental delays. These delays may be in cognitive development, physical development (including vision and hearing), communication development, social or emotional development, or adaptive development. Ask you child’s doctor or the State Health Department to put you in contact with the appropriate early intervention services.

 What services are available for my child from Age 3 through 5?

Pre-kindergarten programs are available for children with disabilities under the age of 6.  Your child does not have to be identified with a specific disability but rather show developmental delays. Contact your local public school for referral to services.

Students under the age of 5 are served in a variety of ways, depending on parent/guardian preferences and school recommendations. A child can receive services at home, in childcare settings, or in a classroom setting.

What Programs and Services are available for Kindergarden-grade 12?

Special education services may be provided to K-12 students in a variety of ways. They can be in a self-contained special education classroom, be pulled out of their regular classroom to receive special services in a resource room, or have special materials and consultation services provided to their regular classroom

teacher. The ideal situation is for your child to attend your neighborhood school and to remain in the regular classroom setting with support services.

What other services besides educational services are available?

In addition to special education programs, additional “related services” are available to your child. This includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services. These services may be available to your child even if they do not need for special education services.

How is a child with special needs Identified?

If you suspect that your child may be delayed in normal development or in need of special services you should contact your local Public School. You can also go online to the individual state’s Department of Education website to find specific local contact information. Child Find is a public school service charged with locating and assisting children in the community who may need special help in one or more areas of development. Child Find services are provided to all families without regard to income. If needed, an informal assessment (screening) will be conducted. Your child may then be referred to community early intervention programs such as: Developmental Evaluation & Intervention, Early Intervention Program, and/or the Public School Pre-K Exceptional Student Education programs.

What are the Referral Procedures?

Either you or your child’s teacher may refer your child for an evaluation for possible services. Talk to your child’s teacher to find out the precise referral procedures. Your child may be referred at any age or grade level. The purpose of the evaluation is to ascertain information to better meet your child’s educational needs.

Prior to any testing, you will be contacted by the guidance counselor to obtain your written consent for individual evaluation. Once you have given permission, your child must be evaluated within 60 days. All of the diagnostic testing is provided free of charge regardless of income. Once the evaluation is completed, you will be invited to the school for a meeting, called a "staffing". During this meeting, your child’s evaluation will be reviewed, and it will be determined if your child meets the criteria to qualify for an exceptional program. If you do not speak English or have trouble understanding English, ask the school to provide an interpreter (this should be someone other than your child). If your child needs special education, an Individual Education Plan (IEP) will be developed to address your child’s specific needs.

What is an IEP?

You and a team of professionals will develop an Individual Education Plan (IEP) based on the specific needs of your child. This plan will be reviewed and updated on a yearly basis, but may be revised at any time during the school year. The IEP will include measurable goals and objectives that address your child’s individual learning needs. You will be notified of all IEP meetings and are should be an active participant on the team. Other team members may include the ESE Specialist, Behavior Specialist, ESE teacher, basic education teacher, speech, occupational, or physical therapists, guidance counselors, psychologists, and agency representatives.

It is at this meeting that you will come to an agreement with the school as to what is an appropriate education for your child. You know your child the best and you need to be firm in asking for what your child needs. If the school cannot provide appropriate services for your child, they will pay for placement in a private school.

You will be given many forms at this meeting explaining your and your child’s rights in areas ranging from education, discipline, and complaints. Read these thoroughly and hang on to them.

Can my child be placed in a regular education class?

The law requires that whenever possible children with disabilities are educated in the same classroom with children who are not disabled.  Special classes, separate schooling, or other removal of your child with disabilities from the regular classroom should only occur when the severity of your child’s disability means that he or she cannot achieve satisfactory performance with the use of supplementary aids. Your child should be placed in the "least restrictive environment" to provide opportunities to participate with students in regular education for academic, non-academic, and extra-curricular activities, to the extent appropriate to meet his/her needs.

What is the Curriculum?

The public school curriculum is aligned with each state’s standards. Each state determines their specific instructional content, academic achievement standards, assessments, or programs of instruction. Your child should complete the same coursework as students without disabilities to the extent possible.

Can my chld attend school during the summer?

Extended School Year (ESY) is a program that provides exceptional education services beyond the normal school year to eligible ESE students with disabilities. The decision about whether your child is eligible for ESY is made on an individual basis at an IEP meeting. The meeting consists of you, teachers, therapists, a local educational agency designee, and your child as appropriate.

What if I don’t feel the school is meeting the needs of my child?

If, at any time, you cannot come to an agreement with the school regarding your child's education, you have the right to ask for an impartial hearing. A hearing may be held on any matter relating to the identification, evaluation or placement of your child, or the provision of a free, appropriate public education to your child. The hearing will be conducted by your state’s Department of Education with an impartial administrative law judge. To obtain a hearing, you must provide a written request for a due process hearing to the Director of Exceptional Student Education. The school district office has a form you may complete regarding your request for a hearing.

Can I get an Independent Education Evaluation?

If you do not agree with the evaluation provided by the school - that is, if you do not think they gave the appropriate tests or reached the correct conclusions - you have the right to request that an independent educational evaluation be conducted at public expense. An independent educational evaluation means that a qualified person, who is not an employee of the school district, will test your child. Public expense means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you.

If you request an independent educational evaluation, the school district, without unnecessary delay, must either initiate a due process hearing or ensure that an independent educational evaluation is provided.

If you do request an independent educational evaluation, the school may ask why you object to their evaluation; however, you are not required to give a reason.

What if I have problems with the school?

From time to time, parents and the school may disagree about a child's ESE program placement, or discipline issues. If at all possible, the best way to a resolution is with the school. The appropriate steps to solve problems are as follows:

• Speak to your child's teacher to try and solve the problem. If an agreement is not reached;    
• Speak with the ESE Specialist to schedule a conference or speak to the Principal. If an agreement is still not reached;    
• Contact the school's district ESE Coordinator, or ESE Directory at the ESE District Office.

If a solution to the problem is not found, you may request mediation or a due process hearing. The Director of Exceptional Student Education administers all requests for mediation and due process proceedings.

As a parent, you have the right to participate in mediation with the school district as an informal way to resolve disagreements between you and the district. The Department of Education makes mediation available at no cost to you or the school district. 

• Mediation may be used to resolve disagreements relating to the identification, evaluation, educational placement, or the provision of a free, appropriate public education to your child, or whenever a due process hearing is requested.
• Mediation is voluntary for both parties.
• Mediation is conducted by a qualified and impartial mediator who has been trained in effective mediation techniques.
• Mediation shall be scheduled in a timely manner and shall be held in a location that is convenient to both parties.
• Mediation is confidential so that discussions which occur during the mediation process may not be used as evidence in due process hearings or civil proceedings.
• Mediation shall not be used to deny or delay your right to a due process hearing, or to deny any other rights afforded to you.
• Any agreements reached during mediation will be put in writing and signed by both parties. The parties may be required to sign a confidentiality pledge prior to beginning the mediation. A list of qualified and impartial mediators is maintained by the Florida Department of Education, and mediators are selected from that list on a rotating basis. Mediators may not be employees of school districts, or other agencies which provide educational services to students with disabilities, however, a mediator is not considered an employee of a school district or other agency just because he or she is paid to serve as a mediator.

 Can I get Transportation to school for my child?

Bus transportation is provided at no cost to all students who live more than two miles from their assigned school. Special door-to-door transportation will be provided for your child with disabilities, regardless of the distance from home to school, if your child has medial equipment or medical conditions requiring a special transportation environment. If your child has an aide or monitor, a shortened school day, or is assigned to a school side out of your neighborhood, transportation will also be provided.

If I am moving to the US from another country, how do I get my child enrolled in Exceptional Student Education?

If your child is currently receiving any Exceptional Student Education (special education) services in another country, be sure to bring a copy of Individual Education Plans for your child, any assessment information, and student health records. You should go to your neighborhood elementary, middle, or high school to register. The ESE Specialist in that school will schedule an IEP team meeting to determine the program and services that best meet your child's needs. If the education plans or assessments need to be updated, the school will make arrangements for you. However, in the mean time your child is entitled to immediate services. NB In all 50 states, all children have the right to a place in the public school (K-12) neighborhood district where they live, no matter how unexpected the child or how overcrowded the school. 

WHAT IF MY CHILD HAS SPECIAL HEALTH CARE NEEDS?

Talk to your child’s school nurse about any health conditions, including allergies, your child may have. Your child may be eligible for related services even if they are not identified as a special education student. An independent health plan will be developed for your child. If your child needs related services, such as transportation or a shorten school day, because of a health condition, these will be provided.

If your child’s health requires him or her to be absent from school more than 18 days per year (they need not be consecutive), they are eligible for a hospital/homebound program. A teacher will come to your child either at home or bedside in the hospital.

CAN THE SCHOOL REQUIRE MY CHILD TO TAKE MEDICATION?

No. You cannot be forced to medicate your child (e.g., Ritalin) as a condition of his or her attending school, receiving services, or receiving an evaluation for a disability.

WHAT IF I WANT MY CHILD TO ATTEND A PRIVATE SCHOOL?

If your child attends a private school, he is still eligible for special education and related services. Contact your child’s private school and request special education evaluations and services. The same definitions of disability and services provided by the public school apply to private schools. These services must be as good as services provided to the local public school children. The services are to be provided by the public schools at no charge to you. The services may include professional development for your child’s private school teachers, physical therapy, occupational therapy, and educational materials in specialized formats. If the services cannot be provided to your child at the private school, then the public school must provide transportation to the location agreed upon by you.

WHAT IF MY CHILD ATTENDS A CHARTER SCHOOL?

Charter schools are new phenomena in US education sweeping the nation. They are funded with public monies but are operated by private entities. There is no charge to you for your child to attend a Charter School.

Charter schools are required to serve child with disabilities in the same manner as public schools. All of the above questions and answers apply to charter schools too.

IS THERE ANYONE WHO CAN HELP ME NAVIGATE THROUGH THIS SYSTEM?

There are numerous parent programs available in each state. Contact the National Dissemination Center for Children with Disabilities (NICHCY) for specific contact information. Parents who have a child with a disability and have been through the system are available to help you with all of your questions and needs.

NICHCY can be reached at P.O. Box 1492, Washington , DC 20013. Their website address is www.nichcy.org and their Resources for Special Education Needs in the USAemail address in nichcy@aed.org.

SOURCES: INDIVIDUALS WITH DISABILITIES ACT 2004, AMERICANS WITH DISABILTIES ACT OF 1990, SECTION 504 OF THE REHABILITATION ACR OF 1973, §34 CODE OF FEDERAL REGULATIONS, NATIONAL DISSEMINATION CENTER FOR CHILDREN WITH DISABILITIES.

For additional resources, go to the GSGI SEN: USA Sources