Special Education Process
Identifying a student as eligible for special education services is a carefully managed process guided by State and Federal regulations, as well as APS Special Education policies and procedures (25 4.4). Evaluations required to make this determination are completed only with parent/guardian permission.
- School-based student support teams review available information regarding students who are experiencing problems that adversely affect their educational performance. Students suspected of having a disability are referred for evaluation.
- An eligibility committee at the student’s school reviews assessment data from school-based evaluations as well as any information provided by parents to determine if the student has a disability which requires special education services.
- When a student is found eligible for special education services, an Individualized Education Program (IEP) is developed with the participation of the school staff, the parents/guardians, and the student (when appropriate). An IEP is a statement of the special education and related services that will be provided to the student, which is updated at least annually throughout a student’s eligibility for special education.
Parental Consent and Age of Majority
From the Virginia Department of Education’s Family Guide to Special Education:
“Giving permission, or written consent, is voluntary on the parent’s part and may be withdrawn at any time. However, the parent must give written consent before the school:
- Conducts any evaluations which would be used to qualify the child for special education;
- Changes the identification of the child;
- Places the child for the first time in a program providing special education and related services;
- Changes the child’s IEP or placement, including any partial or complete ending of special education or related services;
- Releases information from the child’s school record to non-school personnel;
- Accesses the child’s Medicaid or other insurance benefits; or
- Invites someone to an IEP meeting from a participating agency that is likely to provide or pay for secondary transition services.
NOTE: It is only necessary to obtain parental consent from one parent.”
Read more at this link.
Age of Majority
From the Virginia Department of Education’s Family Guide to Special Education: “Transfer of Rights: Once a child turns 18 years old, rights under special education law transfer to the student. If a child cannot make decisions on his or her own, parents will need to take steps to continue to be involved.* The IEP Team must include a statement at least one year before a child turns 18 years old that the parent and child have been advised that the educational rights transfer to the child upon reaching eighteen. For more information on this topic, refer to Transfer of Rights for Students with Disabilities Upon Reaching the Age of Majority in Virginia.”
*The forms below can be used to certify that a student is unable to provide informed consent for educational decisions made under the Individuals with Disabilities Education Act (IDEA).