Special Education Services are available to students with disabilities from age 3 until they graduate or until they are 22, as long as the need for services is indicated in the Individualized Education Plan or IEP. Many families need support and information to navigate Special Education Services. Our website contains many resources for information and assistance in understanding this complicated system.

Our Special Education Fact Sheet is a great place to start learning about Special Education!

The Illinois State Board of Education (ISBE) also has helpful information.

Requesting Special Education Services

Some students may have disabilities evident only when they are confronted by academic challenges. Parents or teachers may request a case-study evaluation, where the child is tested for academic deficits. The case study evaluation is followed by a meeting with the special education team and parents to discuss whether the student is eligible for Special Education Services based on the results of the case study evaluation. This is an opportunity to meet to discuss the results of psychological testing, observations by teachers and other professionals as well as the concerns of the parents and the student.

Independent Evaluation

If a parent is not satisfied with the school’s evaluation of student needs, they have the right to request an independent evaluation at the school’s expense. The school district may agree to pay for this second evaluation or they may disagree and tell parents that a second evaluation will occur only if the parents are willing to pay. Before the second evaluation, both parties should agree in writing regarding who will pay.

IDEA – Individuals with Disabilities Education Act

IDEA is the acronym for the Individuals with Disabilities Education Act. “The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities. Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.” From the U.S. Department of Education IDEA Website. For more information on this landmark law, please visit the IDEA Website.

IEP – Individualized Education Plan

An Individualized Education Program (IEP) is created based upon the recommendations of the IEP team once eligibility is determined. IDEA identifies the following participants of the IEP team:

The public agency must ensure that the IEP Team for each child with a disability includes:

  • The parents of the child
  • Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment)
  • Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child
  • A representative of the public agency (who has certain specific knowledge and qualifications)
  • An individual who can interpret the instructional implications of evaluation results and who may also be one of the other listed members
  • At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate
  • Whenever appropriate, the child with a disability

In accordance with 34 CFR 300.321(a)(7), the public agency must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under 34 CFR 300.320(b). [34 CFR 300.321(a) and (b)(1)] [20 U.S.C. 1414(d)(1)(B)]

Parents are crucial in the special education process and the language of IDEA highlights this point. As the above indicates, many students also participate in their own IEP’s, particularly as they begin to plan transition. This is a very important way for students to build self-advocacy skills. Families can choose to bring others to the IEP with them. It’s important, however, to be courteous and notify the school of additional participants ahead of time. Some parents/guardians want a friend there for moral support and to take notes. Some choose to bring another person who knows the student and can contribute to the information used to develop a plan. Advocates are also sometimes invited by families to help them in the IEP process. It is at the IEP meeting that the IEP team decides how to implement the IEP.

Inclusion and Least Restrictive Environment

These terms refer to the concept that students with disabilities should be included in the classroom setting that is the least restrictive environment for them to learn. Least restrictive environment is the classroom where your child makes the most growth emotionally, socially, and academically. This comes from the Individuals with Disabilities Education Act.

If You Disagree – Complaints and Mediation

  • What if I disagree with a team decision in the IEP? ISBE recommends you make a request for an informal meeting with your school. If that meeting does not result in a successful solution, then call a formal IP meeting. Document everything discussed in the meeting.
  • How can I file a complaint if my school district is not following IDEA guidelines?
    • Contact the ISBE mediation coordinator at the following: (866) 262-6663 (toll-free for parents) or (217) 782-5589.
    • Mediation Request Form: You can find the Mediation Request Form on ISBE’s website or request it by calling the ISBE Special Education Division at (217) 782-5589 or (866) 262-6663.
    • How to Submit: Once you have the Mediation Request Form, you can submit it by email, mail, or fax to the ISBE’s Special Education Department
      • Email: statemediation@isbe.net
      • Mail: Illinois State Board of Education, Special Education Department, 100 North First Street, N-253, Springfield, IL 62777-0001
      • Fax: (217) 782-0372
  • If mediation is not successful, your next option is to file a complaint with ISBE. A complaint for special education can be filed no more than a year from the initial incident. You will fill out a complaint form detailing information about the alleged violation, including when, where, and why it occurred. https://www.isbe.net/Pages/Special-Education-Complaint-Investigation-Process.aspx

Advocacy and Legal Help

Information is power! Parent Training and Information Centers (PTICs) provide training and information to parents of infants, toddlers, school-aged children, young adults with disabilities and professionals. This assistance helps parents participate more effectively with professionals in meeting the educational needs of their children with disabilities. PTICs work with families to obtain appropriate education services, work to improve educational results for all children, resolve problems between families and schools or other agencies, and connect children with disabilities to community resources that address their needs.

Illinois has a Parent Training and Information Center that provides assistance with special education.

  • Family Matters Parent Training and Information Center was awarded a grant from the U.S. Department of Education to become a Parent Training and Information Center in October 2002, to serve the entire state of Illinois outside of the Chicago area. Beginning in October 2025, Family Matters will serve the entire state. Family Matters provides information, referral, links, and training to parents, students with disabilities, and special education professionals. Parents can get assistance with special education problems or concerns, obtain information, and seek training opportunities through a toll free help line 1-866-436-7842. Regional coordinators in the North, South, East, West, and Central areas of the state offer free workshops on special education rights, responsibilities and related topics. The mission the Family Matters, Family Support Program and the Parent Training and Information Center is to build upon families’ strengths, empower parents and professionals to achieve the strongest possible outcomes for students with disabilities, and to enhance the quality of life for children and young adults with disabilities.

Equip for Equality is the statewide protection and advocacy organization in Illinois. They provide legal assistance for a variety of issues, including special education, for families of children who receive services. They have a toll-free helpline available at 1-866-KIDS-046 (1-866-543-7046). Helpline staff can answer questions, provide support and assist with learning about legal rights. The website for Equip for Equality has helpful information and instructions on how to request legal assistance at www.equipforequality.org.

Documentation

When first considering special education evaluation for your child, it is also a good time to learn about how you can advocate and be an effective part of the process. The following points are lessons learned and shared by parents experienced in the special education process.

  • Another method of documenting requests is to make the request in writing and leave a space at the bottom of the request for a staff person at the school to sign, indicating receipt of the request. Some parents prefer this method since there is a face-to-face contact with the school staff. Sometimes, parents are able to schedule an appointment to review the request on the day that the request is tendered.
  • Make sure everything is in writing! Even the request for a special education evaluation should be in writing. Some people find it effective to send a letter requesting a special education evaluation by certified mail with a return receipt request to make sure that the school received the request.  Documentation is very important for the obvious reason that you are attempting to communicate something to the school, but it is important for other reasons as well.
  • Participate in school activities with your child. This will help you and the school staff get to know each other. Your children will benefit from the relationships you forge with the people who care for them.
  • Work to build positive relationships with the school district staff. Remember, you will work with these people as long as you are living in the district and your children attend their schools.
  • Be an active member of your child’s IEP team. Parents and children are not only invited to special education meetings, but need to participate in the IEP process.
  • Surround yourself with supportive people during IEP meetings. You may bring family members, friends, advocates or an attorney to the IEP meeting. It is important and courteous to notify the school if you are bringing additional participants to the meeting.
  • Take good notes for all contacts with school staff. Many parents keep a log of everyone with whom they come in contact. Some logs are spiral notebooks with the following information: *Date of contact  *Person contacted  *Phone number and extension of the person contacted  *Content of discussion  *Agreements made during the contact  *Follow up plans identified during the contact
  • If you prepare as though Due Process is possible from the start, it is less likely that you will have to engage in Due Process.
  • If problems arise regarding your child’s special education plan, you will want to be able to provide any documentation that you have. There are timelines by which the school must abide that have been established in  state law concerning special education. In due process cases, these timelines can be very important in determining whether a school is compliant with the law. It may seem like a technicality, but records of such transgressions may make the difference between prevailing in a due process hearing and losing the case completely.
  • Some diligent parents will submit a summary of the conversation in writing to the person with whom they had the discussion to ensure that everyone is on the same page. Follow up agreements can be documented here with due dates and the people responsible for tasks to be completed.