Before a student can be served in special education, there is a legal process through which he/she must be identified as a child with a disability.  This disability must affect educational performance to a marked degree in order for a child to receive special education services.  All children with disabilities are not automatically eligible for special education services.  Some common sense should be followed in deciding whether or not a child should be referred for evaluation to determine eligibility.  In considering a referral, the teacher or parent should ask him/herself, "Is this child functioning academically two or more years below his/her age peers in all subjects or in a specific subject area?"  If this is true, the following factors should be considered:
 

    1.  ATTENDANCE:
        Excessive absences may be responsible for poor educational performance.  Referral for truancy
        should be made.
    2. STANDARDIZED TEST SCORES:
        Scores that reflect a consistent pattern of low achievement in all areas (below the fifth percentile)
        may indicate a need to refer.  A consistent pattern of low achievement in a particular subject area
        (more than 20 points below other standard scores) may indicate a need to refer.
    3.  VISION AND  HEARING:
          If acuity in these areas has been screened (and corrected if necessary) and the student continues
          to have learning problems after a period of adjustment, a referral should be considered.
    4.  MEDICATION:
        The fact that a child is on medication is not cause for an automatic referral.  Educational
        performance must be affected in order for a child to receive special services.
    5.  RECORDS:
         If the student is relatively new to the school, there may be previous evaluations of which the school
         is not aware.  Some detective work should be done.  Referral may not be necessary if previous
         recommendations are found and implemented.

If the above factors have been ruled out and evaluation is to be considered, the legal process begins.  The timeline for the evaluation process may be found on the page titled "Introduction".