Eligibility Criteria
The State of Wisconsin has developed specific criteria for each possible area of impairment for which a child may qualify. These eligibility criteria are used to assist the IEP team in determining if the child does or does not have an impairment. The Wisconsin Department of Public Instruction website has further information regarding the different areas of impairment an IEP team may need to consider.
If the child is determined to meet one or more of the criteria listed above, then the IEP team determines if there is a need for specially designed instruction. Questions the team must answer include:
- The child’s needs that cannot be met through the regular education program as structured at the time the evaluation was conducted.
- Modifications, if any, that can be made in the regular education program, such as adaptation of content, methodology or delivery of instruction to meet the child’s needs identified under par. (a), that will allow the child to access the general education curriculum and meet the educational standards that apply to all children.
- Additions or modifications, if any, that the child needs which are not provided through the general education curriculum, including replacement content, expanded core curriculum or other supports.
Once the IEP team determines the child has an impairment and need for specially designed instruction, the team develops the annual IEP and seeks parental consent for implementing the special education services.
Special Education Rights for Parents and Children
This brochure is provided to parents at the time of a referral for special education and at least annually if the child is already receiving special education services. The brochure provides information on the legal aspects of special education, as well as options parents have if they disagree with a decision of the school.
The English, Spanish, and Hmong version of the brochure are available on the Wisconsin Department of Public Instruction website
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