Special education services are the most intensive form of support for a student and may go above and beyond what is necessary for your child.

Parents who have noticed or recognized the need for support beyond what their general education teacher can provide should contact the school to request a student support team (S-Team) meeting. That team will help identify a pathway for the student which can include supplemental regular education (like tutoring or skill development), entry into a Gifted / Talented class, or reading / math intervention via tutoring, among others.

A parent’s first step is to request an evaluation through the Preschool ChildFind Office or through your child’s zoned school.

Evaluation requests may be made verbally or in writing and evaluations must be completed within 60 calendar days of parental consent being granted, which is required regardless of who requests the evaluation.

Parents who have noticed or recognized the need for support beyond what their general education teacher can provide should contact the school to request a student support team (S-Team) meeting. 

If informed consent is granted, an evaluation will be conducted within 60 days.

The S-Team will help identify interventions offered through RTI by GT coaches and materials. Data check-ins and regular RTI meetings will be held to discuss student progress.

Children with a disability or medical condition diagnosis from physicians or other health professionals are not automatically eligible for special education services. To be eligible for services, a child must have one or more of the disabilities specified by the Individuals with Disabilities Education Act (IDEA) and be identified, through school evaluation, as needing special services.

IDEA-specified disabilities include: Autism, deaf-blindness, deafness, developmental delay, emotional disturbance, functional delay, hearing impairments, intellectual disability, intellectually gifted, language impairments, multiple disabilities, orthopedic impairments, other health impairments, specific learning disability, speech impairments, traumatic brain injury, and visual impairments.

A child’s disability evaluation should be completed within 60 calendar days of consent being granted.

An IEP Team – which can include various school professionals, general education teachers, a psychologist, disability-related service professionals, the student’s parents, and the student (when appropriate) – will complete the evaluation.

A child’s evaluation must be “full and individual” and include a variety of assessment tools and strategies to gather relevant functional, cognitive, and academic information about a child, including information provided by parents / guardians. While review of existing data (including a child’s classroom work, state assessment performance, or information from the family) is necessary, it is also important that all areas of a child’s functioning are used to determine disability classification as well as educational needs. Evaluation components can include health; vision and hearing; social and emotional status; general intelligence; academic performance; communicative status; and mobility.

The evaluation must also be administered by trained professionals in a child’s native language and in accordance with any instructions provided by the producer of the assessments.

The results of the evaluation will be reviewed / discussed with the parents / guardians and a decision will be made about the eligibility of the child for special education and related services based, in part, on IDEA’s definition of a “child with a disability” and their 13 disability categories under which a child may be eligible for services.

If a child is not eligible for special education and related services, parents / guardians must be told in writing.

IDEA gives certain rights to parents of children in special education. The school must provide a clear and easy-to-read copy of these rights in a family’s native language when a parent asks for them or a child is first tested for a disability; once a year while a child is receiving special education services; if a complaint is filed with the State; or if a family files for due process.

“Parents” can be birth parents; adoptive parents; a judge-appointed guardian; a person the child lives with; someone legally responsible for the child (grandparents, stepparents, or other relatives); or a trained surrogate parent assigned by the school to make special education decisions for a child if parents are missing or won’t talk to the school. Foster parents may make special education decisions for a child if birth / adoptive parents’ rights have been terminated by law or the foster parents have had an ongoing relationship with the child for more than a year and have no interests that would conflict with what is best for the child.

If the child’s parents are divorced, the school must tell both parents about all meetings and parental rights regardless of who the child lives with, unless the custody agreement stipulates otherwise.

Additional information from the Tennessee Department of Education can be found here.

If a child is determined to be ineligible for special education services, parents may request a 504 Plan or explore options outlined below in “I disagree with my child’s evaluations results.”

A 504 Plan is a formal plan that stipulates how a school will provide required access to students with disabilities, or any condition that limits daily activities in a major way, as required by Section 504 of the Rehabilitation Act, the country’s first civil rights law for people with disabilities.

Section 504 is broad – it protects any student with “a physical or mental impairment which substantially limits one or more major life activities” including learning, concentrating, thinking, and communicating. The law covers a variety of learning / thinking differences (dyslexia, ADHD, anxiety, and many others), even if the student takes medication that helps alleviate symptoms and / or if they are perceived as having a disability, but don’t.

Section 504 serves two main purposes:

Preventing discrimination against people with disabilities in programs and activities that receive federal funding by requiring the provision of reasonable accommodations for programs and activities as long as fundamental alterations aren’t necessary, and unfair advantages aren’t given.

Providing access to a free and appropriate public education (FAPE) for students with disabilities – meaning a child is granted accommodations and / or modifications that are required (and necessary) for a child to access their education.

If you’re interested in a 504 plan for your KCS student, you should submit a formal written request for evaluation to your school.

It is important to remember that an identified disability must affect the child’s educational performance, in order to be eligible for state and federal standards for special educational services.

The best first course of action is to discuss the evaluation  with the school team. 

If agreement can’t be reached at the school level, parents are encouraged to contact Sue Ownby, KCS Special Education (Family / Parent) Liaison.

Beyond that, parents can request a 504 Plan; share concerns with the school; request reassessment, further evaluations, or an Independent Educational Evaluation (IEE). Parents also have the right to make a state complaint or request a due process hearing – a resolution session and mediation will come before the hearing.

An Individual Education Plan (IEP) must be written by the IEP Team within 30 calendar days of a child being found eligible for special education and related services.

In addition to the parents / legal guardians and the child when appropriate, an IEP Team should include: at least one regular education teacher and one special education teacher; an individual who can interpret the instructional implications of evaluation results; other individuals with knowledge of the child; and a school representative who is qualified to provide, or supervise the provision of, specially designed instruction to meet the student’s unique needs and is knowledgeable about the general education curriculum and the availability of school / district resources.

Parents should receive a draft copy of the student’s annual IEP, which does not yet include granted services, 48 hours in advance of this meeting. In the IEP Meeting, the IEP Team will discuss the draft and agree upon appropriate accommodations and modifications.

The above information applies only to the initial and annual IEP meetings, not addendum meetings that happen during the school year.

They can be! IDEA recommends students be invited, when appropriate, to be a part of the IEP Team and participate in IEP meetings.

Additionally, IDEA requires that students be invited to any IEP meeting where transition services will be discussed.

Transition services are designed to help students plan for life after high school.

An IEP has two general purposes: to set reasonable learning goals for a child and to state the accommodations / modifications that the school district will provide for that child.

When creating the IEP, it is important to consider the child’s strengths; the parent’s concerns for enhancing their child’s education; the results of the initial and most recent evaluations; and the child’s academic, developmental, and functional needs. Other special factors should be considered for children whose behavior impedes learning; have limited English proficiency; are blind or visually impaired; or are deaf or hard of hearing.

Specifically, IEPs should include information about the child’s present levels of academic achievement and functional performance from objective data in tests and assessments; measurable annual goals, including academic and functional goals; how the child’s progress towards meeting the annual goals will be measured and when progress reports will be provided to parents; the special education and related services and supplemental aids that the school will provide; any program modifications and supports for school personnel that will be provided, and accommodations necessary to complete State and district-wide assessments; and, after the child turns 14-years-old, appropriate measurable postsecondary and independent living skill goals and the transition services needed to meet these goals.

The child’s special education and related services and supports, including accommodations and / or modifications, should begin as soon as agreed upon in the IEP Team meeting.

Both are designed to support students with learning challenges, but they work in different ways.

A 504 Plan provides accommodations for students who do not need specialized instruction. These plans support a child who has a disability so they receive accommodations that will ensure access to their learning environment. Supports can be adjusted as necessary.

An IEP is developed to uphold a child’s rights according to IDEA and outlines required specialized instruction and related services.

Review TnSTEP’s document “The Difference Between IEPs and 504s” here.

The best first course of action is to discuss the IEP and placement with the school team. If agreement can’t be reached at the school level, parents are encouraged to contact Sue Ownby, KCS Special Education (Family / Parent) Liaison.

Beyond that, parents may request a 504 Plan; share concerns with the school; request reassessment, further evaluations, or an Independent Educational Evaluation (IEE). Parents also have the right to make a state complaint or request a due process hearing – a resolution session and mediation will come before the hearing.

IEPs are reviewed by the IEP Team at least once a year, but additional reviews may be requested and, if necessary, the IEP can be revised.

Benchmarks or short-term objectives are required only for children with disabilities who take alternate assessments aligned to alternate achievement standards.

Special education is “specially designed instruction.” According to IDEA, that means adapting as appropriate the content or delivery of instruction to meet the unique needs of an eligible child.

A modification is an adjustment to grade-level standards and could include making a change to what is being taught to or expected from the student. An example would be reducing the number and complexity of state standards a child must master on a solar system lesson compared to their classmates.

An accommodation is a change that helps a student overcome or work around their disability. An example would be allowing a student to provide test answers orally instead of in writing while still expecting them to know the same material and answer the same questions as other students.

Related services under the Individuals with Disabilities Education Act (IDEA) are provided to help a student make meaningful progress on the goals / objectives identified in their IEP.

An example would be providing a student with occupational therapy to improve pencil grip so they can write instructional responses, or providing an interpreter for a deaf student so they can participate in classes. 

IDEA does identify supplementary aids and services such as adapted equipment; assistive technology; extra staff; training for students, parents, and staff; peer tutors; and one-on-one aids, but states and schools may offer related services not explicitly mentioned in IDEA. 

IDEA specifies that, as appropriate, children with disabilities must be educated alongside children who are not disabled and only be placed into special / separate classes or schools if the nature or severity of the disability inhibits education in a regular classroom with the use of supplementary aids and services.

Placement is determined annually based on the IEP.

IDEA identifies the continuum of alternative placements that includes different options for a student to receive services, including in general education and special education classes; at a special education school; at home; or in a hospital or other public or private institution.

The best first course of action for parents who disagree with their student’s LRE provisions is to discuss the IEP and provisions with the school team. If agreement can’t be reached at the school level, parents are encouraged to contact Sue Ownby, KCS Special Education (Family / Parent) Liaison.

However, parents have the right to make a state complaint or request a due process hearing – a resolution session and mediation will come before the hearing.

The first step would be to have a conversation with the child’s teacher or principal.

Ideally, a resolution can be identified. If not, an addendum IEP or 504 meeting should be requested. A school has 10 school days (for an IEP) and a “reasonable amount of time” (for a 504) to schedule and convene the appropriate team.

The outcomes of this meeting could include a revision of the IEP to include services, goals / objectives, accommodations, etc. A functional behavioral assessment (FBA) and behavior improvement plan (BIP) should be considered for recurring and ongoing behaviors

It’s important to note IEP / 504 students can be excluded from school day activities / instruction for up to 10 (consecutive or nonconsecutive) school days for violations of student conduct.

If a suspension could exceed those 10 days or those 10 days have been depleted, a manifestation determination meeting must be held by the IEP team to answer two questions:

• Is the behavior a direct result of the student’s disability?
• Did the school’s failure to implement the IEP substantially impact the student’s behavior?

If the answer to both questions is no, discipline can be administered as it would for general education students. 

If the answer is no to one question, the team should discuss what programmatic changes should be made to ensure the behavior doesn’t continue.

A functional behavioral assessment (FBA) and behavior improvement plan (BIP) should be considered for recurring and ongoing behaviors.

If a student is removed from their zoned school, their IEP will be implemented in their new setting.

Please consider first contacting your child’s school to discuss your question, then submit it to be considered for inclusion in this section of our website. Please note, every question won’t be added as the goal is to keep all information applicable to as wide an audience as possible.