Common Terms You Might Hear in Special Education

Special Education Legal Terms

Individuals with Disabilities in Education Act (IDEA): This is the federal law that protects the right of every child to a free and appropriate education (FAPE). It means that schools are required to provide the support services that every child needs in order to learn. If your child’s needs go beyond what their public school can support, your school district is required to pay for an educational setting that can meet those needs (such as a private or therapeutic school). This doesn’t mean it’s always easy to get the services your child needs—most special education parents will tell you it isn’t, unfortunately. But it’s a good idea to understand your legal rights under IDEA. Importantly, IDEA applies to all children in the United States, regardless of their family’s immigration status. If your primary language is not English, IDEA also protects your right to have your child’s educational documents translated, and to have a trained interpreter present in meetings with school.

Free and appropriate education (FAPE): You might hear this acronym in relation to IDEA. It refers to the legal right of every child in the United States to an appropriate public education, regardless of any disability they may have. (Learn more above, under IDEA.)

“Least restrictive environment”: Special education law requires students to be placed in the “least restrictive environment,” which means that your child should be in a general education classroom (with support), as long as they are able to learn there.

Procedural Safeguards: A set of federally-mandated rights and protections for children with disabilities and their parents / caregivers, including guidance on how they can resolve any disputes.

Mediation: Mediation is a confidential, voluntary process that allows parties to resolve disputes without a formal due process hearing. An impartial mediator helps the parties to express their views and positions, and to understand the other’s views and positions. The mediator’s role is to facilitate discussion and help parties reach an agreement, not to recommend solutions or take positions or sides. If the parties reach an
agreement, that agreement is legally binding and may not be appealed.

Bureau of Special Education Appeals (BSEA): A state office that specializes in supporting parents, students, school districts, private schools and state agencies in matters concerning eligibility, evaluation, placement, individualized education programs (IEPs), special education services and procedural protections for students with disabilities.

Evaluation and Assessment Process

Evaluation: Getting your child support will always start with a formal evaluation. This is the process of assessing your child’s skills, challenges, and needs to determine what support (if any) they are eligible for in school. You can request an evaluation of your child at any time. Once you sign the evaluation consent form, school is legally required to complete the process within 30 school days. (This doesn’t always happen, but that’s what the law says!) An evaluation by your child’s school is free. If you prefer, you can also pay for a private evaluation.

Independent Educational Evaluation (IEE): A parent may request an independent assessment at public expense if s/he disagrees with an assessment conducted by the Local Education Agency (LEA). The request must be made in writing to the student's school. The school district will either agree to pay for the independent assessment or will file a due process complaint to demonstrate that the assessment conducted by the school district was appropriate. A parent may also pay for an assessment themselves or obtain an assessment through insurance. If you acquire an independent assessment and would like it to be considered by your child's IEP team, be sure to provide it to LEA staff in advance of the IEP meeting.

Functional Behavioral Assessment (FBA): A process led by a trained professional such as a behavior interventionist or psychologist that identifies a specific or target behavior that interferes with a student’s education.

Consent: There are instances when you will be asked to provide your consent during the special education referral, evaluation, and placement process. Consent is voluntary on your part and you may withdraw your consent at any time. Your withdrawal of consent does not undo an action that has occurred after you gave your consent and before you withdrew it. Providing consent means that you:

• Have been fully informed about the action for which you are giving consent.
• Understand and agree in writing to that action.

Other Educational Support Services

Individual Education Plan (IEP): An IEP is a legally binding document that lays out the supports your child should receive in school, if they have one of the 13 specific diagnoses that make them eligible. Your child’s IEP might include services like one-to-one or small group support, accommodations related to the learning space and tools (such as where and how they sit in class), and transportation to and from school. You will be part of the process of determining what’s in the IEP, including attending IEP meetings with your child’s IEP team. You do not have to accept or sign the IEP until you believe it includes all the support services your child needs. By law, the IEP must be translated into your primary language. You will be part of the process of determining what’s in the IEP, including attending IEP meetings with your child’s IEP team. You do not have to accept or sign the IEP until you believe it includes all the support services your child needs. By law, the IEP must be translated into your primary language. The IEP will include:

• The child’s current development and/or performance in school, and goals that can be reasonably accomplished in a school year;
• Special education and related services (including but not limited to counseling, speech, occupational, and physical therapy), paraprofessional support, assistive technology, behavior intervention, and modifications;
• Participation with nondisabled children;
• Date services will begin, how often they will be provided, where they will be provided, and for how long; and
• Means of measuring the child’s progress and review

IEP Team: The IEP team is a group of individuals who share information and work together to determine whether your child has a disability and requires special education services, and if so, what services are appropriate. You are an important member of the IEP team. IEP team members may include, but are not limited to:

• general education teacher;
• special education teacher;
• school psychologist;
• social worker;
• district representative;
• you, the parent; and
• your child
  

504 Plan: A 504 plan documents accommodations for children who have a disability that interferes with their access to learning, but does not qualify them for special education services. For example, if your child is visually impaired, a 504 plan will establish the required accommodations to make the classroom accessible for them. 504 plans cover children with a broader range of disabilities than IEPs, so a child who is not eligible for an IEP may still receive a 504 plan.

Multi-tiered Systems of Support (MTSS): This is a system of classroom supports that are available to all children who need them, not just those who are eligible for special education services. For example, if your child’s evaluation shows that they do not have a disability but they are reading below grade-level, they can receive additional support in reading.

Response to Intervention (RTI): Similar to MTSS, RTI is a system for providing learning support to students who don’t qualify for special education.

General education classroom: This is a mainstream classroom that includes children with and without disabilities.

Sub-separate classroom: This is a “substantially separate classroom” for students with more significant disabilities. Places in these classrooms are reserved for children who need more support than they are able to receive in general education classrooms. Sub-separate classrooms usually have more adults and fewer children than general education classrooms.

Pull-out: A pull-out is a time for your child to come out of their regular classroom and get one-to-one or small group support with a learning specialist or paraprofessional.

Push-in: A push-in is a time for your child to receive one-to-one or small group support from a learning specialist or paraprofessional without leaving their regular classroom.

Twice-exceptional: Twice-exceptional or “2e” refers to students who have a disability that affects their learning and are also gifted in another area of learning. For example, a student with autism who excels in writing, or a student with dyslexia who is gifted in music or math.

Accommodations: Tools and procedures that give students with disabilities equal access to instruction and assessment. They are designed to level the playing field for students with disabilities, and are generally grouped into the following categories:

• Presentation
• Response
• Timing/Scheduling
• Setting

Modifications: Modifications change the content and/or the instructional level of the curriculum. While accommodations are changes in formats or procedures, modifications change the difficulty level and/or quantity of the content being taught. Modifications are made for students with disabilities who are unable to master all of the content an instructor is teaching due to their disability. For example, assignments might be modified significantly for an elementary school student with cognitive impairments that limit his or her ability to understand the content in the general education class in which they are included.

Behavior Intervention Plan (BIP): A plan that is based on the results of a Functional Behavioral Assessment (FBA) to address problem behavior. It includes:

• The target behavior(s) and goal(s)
• Positive behavioral interventions and strategies
• Accommodations or modifications
• How the plan will be monitored and updated if needed

Specially Designed Instruction (SDI): Specially designed instruction consists of adaptations to the content, approaches, or the delivery of instruction to address the unique needs that result from a child’s disability. The purpose of specially designed instruction is to ensure the student has access to the general curriculum and is able to meet the educational standards of the school district that apply to all students.

Transition Services: For students with IEPs, “Transition” means planning for life after high school. Beginning when the student is age 14, the IEP team will discuss the student's goals, transition needs, and transition activities at each IEP meeting until the student graduates or until the end of the school year in which they turn 21. Transition focuses on improving students’ academic and functional achievement in many different settings, including education, employment, and independent living. It is a student-centered process. That means that it addresses the unique strengths, needs, and preferences of each student.

Extended School Year (ESY): Extended school year services are special education programs and services provided during July and August. They may be recommended for students with disabilities who require special education over the summer to prevent substantial regression. If ESY services are recommended, the IEP will specify the program and services that will be provided in July and August.

Manifestation Determination: A Manifestation Determination is a meeting between the parent or caregiver and members of the school community. It is held when a student with a disability is subject to a disciplinary change of placement. The review for manifestation determination will include a discussion of the student's disability, the behavior that led to the removal, and whether the behavior was related to his/her disability or related to a failure to implement the student's IEP. A disciplinary change of placement occurs if a student is removed from his/her current educational program due to a superintendent's suspension, principal's suspension, and/or teacher removal:

• For more than 10 consecutive school days; or
• For more than 10 cumulative school days in a school year as a result of a pattern of removals.