Special education means specially designed instruction to meet the unique needs of a child with a disability. It includes instruction conducted in a classroom, home, hospital, institution, or other settings, at no cost to the parent. It also includes instruction in physical education. The term “at no cost to the parent” means that the school division pays for all specially designed instruction. There are five steps in the special education process, and each step builds on the previous one. 

1. Identification and Referral - When it is suspected that a child may have a disability, a referral, which is a written or oral request for an evaluation, is given to the school. There are a number of ways to make a referral, which will be explained further below. The best way to begin the process is to contact your student’s teacher. Once the referral is received the school will contact you to set up a meeting to discuss your concerns and determine next steps

2. Evaluation - If the team determines a disability is suspected, the school the school team which includes the parents will plan an evaluation.  With parent permission the school evaluates the child to determine whether he or she has a disability using multiple measures covering a variety of areas which include: cognitive, behavioral, academic, motor, communication, developmental, social history, and others. Each evaluation is tailored to meet the individual needs of the student. 

3. Determination of Eligibility - Based on the results of the evaluation, a team which includes the parent determines if the child is eligible to receive special education and related services. To be found eligible, the team must determine that the child meets the eligibility criteria for special education in one of the areas outlined by IDEA and the Virginia Department of Education. Eligibility includes determining that the student has a disability, that disability impacts their education, that impact to their education is so significant that it requires specially designed instruction to access a Free and Appropriate Public Education (FAPE).

4. The Individualized Education Program (IEP) and Determination of Services - If a student is eligible to receive special education and related services, a team then develops and implements an appropriate IEP to meet the needs of the child. This team also decides the particular services the child will receive. The IEP must be reviewed and revised at least annually. 

5. Reevaluation- At least every three years, a team must reevaluate the student to determine whether the child continues to need special education and related services, unless the parent and the school agree that a reevaluation is not necessary. Parents and/or schools may request reevaluations more frequently than every three years, if necessary.

Source: The Virginia Family's Guide to Special Education--VDOE 

To ensure that students with disabilities are served appropriately and in a timely manner, specific legal timelines are in place in the Regulations Governing Special Education Programs for Children with Disabilities in Virginia. Key timelines are below; these are not all inclusive. 

• The School Based Team must meet to review the referral within 10 business days of receipt of referral.

• Evaluations must be completed and a decision on eligibility made within 65 business days. Unless the child is not made available, enrolls in school after the beginning of the 65-day timeline, or more information is needed, and the parents agree to extend. 

• An IEP meeting must be held after the school completes its evaluation and determines eligibility within 30 calendar days.

• Parents should receive copies of evaluation reports no later than 2 business days before a meeting to determine eligibility.

• If a school division develops a draft Individualized Education Program (IEP) prior to a scheduled IEP meeting, it shall provide such draft to the parents at least 2 business days in advance of the IEP meeting.

Here’s a great resource for parents!  Fact Sheet for Virginia's Parents Key Timelines for Special Education Processes