Welcome Parents
Because you are new to our Ex Ed family, you likely have questions. We encourage you to learn as much as you can about the world of special education, and our staff will answer your questions.
General information on the basic building blocks of special education follows.
Evaluation
An evaluation determines whether a child has a qualifying disability and determines their educational needs.
The evaluation begins when you and school staff review all pertinent information on your child and you consent (in writing) to move forward with an evaluation.
Within 60 days, a multidisciplinary evaluation team (MET) determines whether the student is eligible for special education.
Eligibility
How is eligibility for special education determined?
There are three requirements to determine eligibility for special education:
- The child must have a qualifying disability as defined by the IDEA regulations, and this requires an evaluation;
- The disability must have an adverse effect on the child's educational performance; and
- The child must need specially designed instruction in order to access and make progress in the general education curriculum.
The Individualized Education Program (IEP) Team
An IEP is a document that is written and changed in a meeting with:
- the parent of the child
- at least one regular education teacher of the child
- at least one special education teacher of the child
- a school district representative
- an individual to explain the instructional implications of the evaluation results.
The IEP must be reasonably calculated to help the child make appropriate progress in light of the child’s circumstances. The school must implement the IEP as written. Each year an IEP must be updated to meet child's needs.
Least Restrictive Environment
The IDEA requires school districts to offer a continuum of possible placements for students with disabilities. This can include instruction in regular classes, special education resource classes, special schools, home instruction, and hospitals/institutions. Although there is a strong preference for educating a child with disabilities in the regular classroom, this may not always be the LRE. For example, a deaf child who communicates only with sign language may not be able to communicate easily with their hearing peers or staff in a general education classroom. In this scenario, a "more restrictive" environment, such as a special classroom or school for the deaf, may actually be less restrictive for this child.
Specially Designed Instruction
Special education is more than providing accommodations and/or assisting a student with assignments. Students eligible for special education require individualized instruction that responds to their disabilities and enables them to meet the same educational standards that apply to all students.
Discipline
Children with disabilities are subject to the same consequences as their non-disabled peers, but they are guaranteed certain protections under the IDEA. Staff may remove a student who violates the code of conduct from his/her current placement to an appropriate interim alternative educational setting (IAES) or suspension for no more than 10 school days, and no services need to be provided during this time. During any subsequent days of removal, the school must provide services to enable the student to progress toward achieving the goals set in the IEP.
Definitions
504 Accommodation Plans
Students with 504 plans have disabilities and are entitled to reasonable accommodations to level the playing field, but they don’t have IEPs or need specially designed instruction.
Alternate Assessment
Students who cannot participate in regular state testing participate in alternate assessment. Alternate assessment serves the lowest 1% of the special education student population in grades 3-12 who have significant cognitive and adaptive skill deficits.
Assistive Technology
Assistive Technology (AT) includes low-tech and high-tech devices and services to enable students with disabilities to be more productive and independent.
Autism
Autism spectrum disorder (ASD) is a neurological and developmental disorder that affects how people interact with others, communicate, learn and behave. Questions about services for students with autism can be directed to the special education case manager or Ex Ed department chair.
Child Find
Schools have an affirmative duty to ensure that all children with disabilities are identified, located, and evaluated. The federal regulations require that in discharging these "Child Find" obligations, a school must include children who are suspected of having a disability, even if they are advancing from grade to grade.
Community-Based Instruction (CBI)
CBI promotes the teaching and use of academic and functional skills in the student's natural environment, and is a hands-on learning program out in the community.
Dyslexia
Dyslexia is a neurologically-based learning disorder that affects how a student reads, writes and/or spells. Dyslexia does not qualify as a disability under the IDEA, but students typically qualify for special education instruction and services under the category of specific learning disability (SLD). Visit the Arizona Department of Education dyslexia webpage to learn more.
Extended School Year (ESY)
ESY services provide special education instruction and services beyond the normal school year at no cost to the family. ESY is not required for all students with disabilities and is not respite care or a summer recreation program. ESY is designed to prevent skill regression that may jeopardize a student's progress.
Inclusion
The IDEA requires schools to place students in the least restrictive environment (LRE). Unless a student's IEP requires an alternative arrangement, students with disabilities should be educated in a regular classroom with appropriate aids and supports, alongside their non-disabled peers. Inclusion is the opportunity for students with an IEP to receive instruction in the general education classroom with their same age typical peers, with instruction provided by a general education teacher and/or a special education teacher.
Least Restrictive Environment (LRE)
The IDEA requires school districts to offer a continuum of possible placements for students with disabilities. This can include instruction in regular classes, special education resource classes, special schools, home instruction, and hospitals/institutions. Although there is a strong preference for educating a child with disabilities in the regular classroom, this may not always be the LRE. For example, a deaf child who communicates only with sign language may not be able to communicate easily with their hearing peers or staff in a general education classroom. In this scenario, a "more restrictive" environment, such as a special classroom or school for the deaf, may actually be less restrictive for this child.
Medicaid Reimbursement
Schools can be reimbursed for services considered to be medically necessary provided to Medicaid recipients in accordance with a student's IEP. Services may include:
- Audiology
- Behavioral health
- Nursing
- Occupational therapy
- Personal care
- Physical therapy
- Specialized transportation
- Speech therapy
Multi-Tiered System of Supports (MTSS)
MTSS is a general education initiative that uses data to match academic and social-emotional supports to address the needs of the whole child and may be a process before a special education evaluation. Visit The MTSS Process to learn more.
Paraprofessionals
Federal regulations allow appropriately trained and supervised paraprofessionals to assist in delivering special education and services to children with disabilities, but paraprofessionals are not a replacement for special education teachers or related service providers.
Secondary Transition
Secondary transition is a bridge between K-12 education and the opportunities of adult life, including higher education/training, employment, and independent living. A student's IEP team collaborates with the student to develop a transition plan to identify measurable postsecondary goals, services and supports.
Specially Designed Instruction (SDI)
Specially designed instruction is different from the instruction in a general education classroom. SDI means adapting the content, methodology, or delivery of instruction. This means special education goes beyond simply providing accommodations and/or academic support to a child with disabilities.
Although the spirit of the federal special education regulations is that parents and schools will arrive at a consensus, sometimes conflict arises. Parents and school staff are encouraged to communicate and work together to reach an agreement that is in the best interest of the student.
Some problems are best resolved at the school level, either by contacting the teacher or the principal. Here are some examples:
- Homework, assignments, grading
- Lunch menu/choices
- Start/end times
- Concerns with a staff member
- Concerns with other students
- Issue at recess, lunch, before/after school
- Bus issues/transportation routes/pick-up/drop-off time
- Dress code questions
- Fire drills, school lockdowns, security questions
- COVID questions/concerns
- Facilities, air conditioning, bathrooms, drinking fountains
- Student classes/schedules
- Absences and tardies
- Extracurricular activities
- Personal loss or damage of items
- Field trips
Although parents cannot veto an IEP they disagree with, parents have several options:
- First Step – Address questions about your child’s program with the Exceptional Education (Ex Ed) classroom teacher.
- If concerns and questions are not resolved in a reasonable amount of time:
- At the preschool, elementary, and middle school level, bring concerns to the school principal.
- At the high school level, bring concerns to the Ex Ed department chairperson.
- You can contact Central office Ex Ed staff by phone at 520-225-6610 or by emailing Ex Ed.
- You can ask the school to reconvene the IEP team.
- When parents ask this in writing, the school must act to reconvene the IEP team within 45 school days.
- If you disagree with an IEP team decision, you can request mediation or file a due process complaint against the district.
- The IDEA provides these processes as a means for resolving disputes between parents and schools concerning the identification, evaluation, placement, or the provision of a free appropriate public education.
- For additional information, visit Welcome to Dispute Resolution (azed.gov)
Consent
Parents must give written consent before the district can conduct evaluations for special education eligibility. After eligibility is determined, parents must give written consent before the initial provision of special education services.
Discipline
The district determines discipline. There is nothing in the IDEA regulations or in state law that allows a school to cede to parents or a student’s IEP team the deciding voice on whether discipline is to be imposed or the scope of that discipline.
Evaluation
When parents request an evaluation in writing, the school must respond within 15 school days. The school must either begin the evaluation process with a review of existing data, a conversation that involves the parent, or the school must refuse to conduct the evaluation and inform the parent of the refusal in a prior written notice (PWN) that outlines the reasons for refusing the parental request.
IEP Meetings
The parents of a child with a disability must have the opportunity to participate in any meeting regarding the identification, evaluation, educational placement of the child, and the provision of a FAPE to the child. When parents ask in writing for the IEP team to reconvene to review and revise the IEP, the school must do so within 45 school days.
Although the regulations stress the importance of parental participation, there is nothing in the regulations that suggests that parental participation means that the parent can determine how a meeting will be conducted or that the parent’s wishes or suggestions will prevail. The IEP team must consider the input and suggestions of parents, but the IDEA regulations do not require that all of a parent’s suggestions be incorporated into the IEP.
If parents disagree with any IEP team decision, they can request mediation or file a due process complaint against the district. If parents believe the district made a procedural error, the first step is to contact the district ombudsperson at 520-225-6610. If the matter is not resolved, parents can file a procedural complaint with the Arizona Department of Education Office of Dispute Resolution.
Independent Education Evaluation (IEE)
Under the IDEA, a parent has the right to an IEE at public expense if the parent disagrees with the district’s evaluation.
Notice
Parents have the right to receive from the district prior written notice (PWN) of the district’s proposal or refusal regarding any decision related to identification, evaluation, placement, or the provision of a free appropriate public education (FAPE).
Parents have the right to receive from the district a procedural safeguards notice (PSN) at least once annually and upon initial referral, parent request for an evaluation, at the time of some disciplinary actions, and upon receipt of a state complaint or due process complaint. This document advises parents about their rights and procedures if there is disagreement with the school.
Placement vs. Location
The IDEA regulations do not permit a placement decision to be based solely on parent preference; however, it is one factor the district may consider. The IDEA regulations state that school districts must have a continuum of alternative placements available for children with disabilities. This includes instruction in regular classes, special education resource classes, special schools, home instruction, and instruction in hospitals and institutions. Placement refers to options along the continuum of placement options available for a child with a disability. Location refers to the physical surroundings, such as a classroom, where the student with a disability receives special education services.
Placement is an IEP team decision, but location is not. A district may have two or more equally appropriate locations that meet the child’s special education needs, and school administrators have the flexibility to assign the child to a particular school or classroom, provided it is consistent with the student’s IEP. This means that a placement decision is not the determination of a particular classroom within a school or the identification of a particular teacher or staff member who will provide services to the student.
Records
Parents are allowed to inspect and review any education records relating to their child that are collected, maintained, or used by the district, meaning special education records relating to the identification, evaluation, placement, or the provision of a FAPE to the eligible student. The district must comply with a request to inspect or review records without unnecessary delay and not more than 45 days after the request has been made.
Revocation
Parents can revoke consent for the continued provision of special education and related services to their child in their entirety, but not for a particular service. After a parent revokes consent in writing, the district must discontinue all special education and related services to the child within a reasonable period and provide the parent with PWN acknowledging the revocation. If after revoking consent, the parent asks for another evaluation, the process is the same as an initial evaluation. The district will respond by beginning the evaluation process with a review of existing data or decline to evaluate the student by informing the parent via PWN.
Parents, if you have a question or concern about transportation for your Exceptional Education student, phone Monica Ayon, district ombudsperson, at 520- 225-6610.
Reminder: you can see your child’s transportation route in
ParentVue.
