Understanding if your child is eligible for special education services in Colorado is crucial for ensuring they receive the support they need. Here's a breakdown of the key information you need to know.
Eligibility for Special Education
To be eligible for special education, your child must be found to need certain educational services because their ability to learn is impacted by a disability. This means they cannot reasonably benefit from general education classes without additional services. Under the Individuals with Disabilities Education Act (IDEA), your child must require special education due to their disability in one or more specific categories.
Requesting an Evaluation
If you believe your child may have a disability affecting their education, you can ask the school district to evaluate your child. Upon your request, the school district must either seek your permission to conduct the evaluation or inform you that it will not conduct the evaluation, providing you with prior written notice in a reasonable time.
The school district can also initiate an evaluation if staff members suspect your child may need special education. Once the district receives your written consent, it must complete the initial evaluation within 60 calendar days, unless you refuse or fail to make your child available for testing or change school districts.
Evaluations for Wards of the State
A Ward of the State, as defined by IDEA, is a child who:
- Is considered a ward under state law, or
- Is in the custody of a public child welfare agency.
If the rights of the parents have not been terminated and no educational surrogate has been appointed, the school district must make reasonable efforts to contact the parent before relying on a foster parent for consent or appointing an Educational Surrogate Parent (ESP).
If the child is a Ward of the State and not living with their parent, the school district does not need parental consent for an initial evaluation if:
- The school district cannot locate the parent after reasonable efforts;
- The parents' rights have been terminated; or
- The rights to make educational decisions have been assigned to another individual selected by a judge who provides consent for the evaluation.
Disagreeing with the School District's Evaluation
If you disagree with the school district's evaluation, you have the right to request an Independent Educational Evaluation (IEE) at the district's expense, or you can pay for one privately. The IEP team must consider the IEE results when developing your child's educational program. The independent evaluator must not work for your child's school district.
The school district will cover the IEE cost only if it has conducted its own evaluation and you disagree with the results. You are entitled to one IEE per district evaluation with which you disagree. Upon your request for an IEE, the district must either inform you where to obtain an IEE and the necessary criteria or file a due process complaint if it believes its evaluation was appropriate.
The district cannot ignore or refuse your IEE request without filing a due process complaint. You are not required to explain why you disagree with the district's evaluation, although having a written record of your request is beneficial.
Criteria for Independent Educational Evaluations (IEE)
The criteria for an IEE must match those used for district evaluations, including the qualifications of professionals conducting the evaluation. The district must pay the full cost of an IEE that meets its criteria, though it may set a cost limit. If the limit hinders your ability to obtain an IEE, you must be allowed to justify exceeding the cap.
Once an IEE meeting the district's criteria is completed, the IEP team must consider the results to determine your child's educational needs, eligibility, and provision of a Free Appropriate Public Education (FAPE).
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