Eligibility

In Rhode Island many referrals come from Early Intervention (EI), the program for infants and toddlers with disabilities; and from Child Outreach, Rhode Island’s developmental screening program which serves as the first step in locating, evaluating, and identifying children with disabilities. In addition, referrals can always be made by parents, guardians, or the LEA. Pediatricians, early care and education providers, or others who suspect that a child may have a disability, including a developmental delay, are encouraged to request a Child Outreach screening. It is always best practice to communicate concerns to families and to ensure that they are informed of the request. Pediatricians and early care and education providers may also support families in making direct referrals to special education.

School districts must respond to each referral by holding an evaluation team meeting to review the referral within ten school days of its receipt. Parents must be notified of this initial meeting per Rhode Island regulations and be invited to attend. Along with the notification, parents may be sent a referral packet that includes the district’s referral forms, parent information, and questionnaires to ensure that they are prepared for the upcoming meeting and can play an active role.

For many families of preschoolers the initial meeting, called the evaluation team (ET) meeting, serves as the introduction to the public schools. During this meeting, the evaluation team provides an overview of the special education referral, evaluation, and eligibility process. This includes describing the purpose of early childhood special education and the expected outcomes: positive social–emotional skills (including social relationships); acquisition, and use of knowledge and skills (including early language/communication and early literacy); and use of appropriate behaviors to meet needs. Parents and other team members are provided an opportunity to express their concerns and the reason for the referral as well as the child’s functioning relative to the three outcome areas. In addition, the evaluation team reviews the paperwork associated with the referral and any documentation brought by the family, teachers, or others.

Based on the discussion and currently available information, the evaluation team determines whether or not an evaluation is necessary. According to regulations, an evaluation is required if there is a suspicion of a disability, including a developmental delay. If the evaluation team decides to move forward with an evaluation, the team identifies which assessments will be necessary to determine special education eligibility and the parents are asked to sign a consent to evaluate. The evaluation must be comprehensive and individualized to assess specific areas of educational need, including all areas related to the suspected disability or delay. For preschool-aged children, the team must ensure that they consider all developmental domains (physical development, cognitive development, communication development, social or emotional development, and adaptive development) as potential assessment areas.

Families are important participants at every point in the referral process and valuable members of the evaluation team (ET). Evaluation team members include, at a minimum, the child’s parent(s) or guardian(s), the qualified professionals listed below, and other qualified professionals as appropriate:

• a regular education teacher;
• a special education teacher, or where appropriate, a special education provider;
• a representative of the LEA who is qualified to provide or supervise the specifically designed instruction, is knowledgeable about the general education curriculum and available resources, and has the authority to commit
• an individual who can interpret the implications of the evaluation results;at the discretion of the parent or LEA, other individuals who have knowledge or expertise regarding the child, including related service providers; and
• whenever appropriate, the child.

Since children manifest different skills and knowledge under different circumstances, it is important to consider a child’s functioning across environments (e.g., home, early care and education settings). Accordingly, and with parent acknowledgment, it is best practice that this initial meeting includes all of the individuals with whom the child spends significant time.

When considering a referral, the school or district must ensure meaningful communication with parents in a language they can understand. In addition, when considering the referral of a child who is culturally or linguistically diverse, the school teams must include individuals knowledgeable about the impact of language and culture on the data and information being reviewed.

The evaluation must be comprehensive and individualized to assess specific areas of educational need, including all areas related to the suspected disability or delay. For preschool-aged children, the team must ensure that the evaluation considers all developmental domains (physical development, cognitive development, communication development, social or emotional development, and adaptive development) as potential assessment areas. If found eligible, the information learned in the evaluation will also inform the development of the Individualized Education Program (IEP). Evaluations must be conducted in a child’s home language using methods that are most likely to yield accurate information, unless it is clearly unfeasible to do so.

In Rhode Island, evaluating a child for ECSE eligibility involves administering, implementing, collecting, and interpreting different assessments, reports, and other information. The process is both comprehensive and individualized for each child. Best practice typically includes consideration of both assessments that are standardized and norm-referenced, as well as assessments that identify a child’s functioning in everyday settings and situations. In addition, the evaluation must include consideration of any other available information collected from a variety of sources, including information provided by the parent.

Within 60 calendar days of receipt of the parental consent to evaluate, the evaluation team of qualified professionals, including the parent(s) meets to review the results of the evaluation and to determine whether the child has a disability and is in need of special education and related services. Children are determined to be either eligible or ineligible for special education and not for a specific service or program. To be found eligible for special education, a child must be evaluated in accordance with the Rhode Island Regulations Governing the Education of Children with Disabilities and determined to have one of the identified disabilities, including a developmental delay, and who, by reason thereof, needs special education and related service.

The participants in the evaluation team meeting to determine eligibility are the same as those in the meeting to review the referral. Please see, “Who participates in the team meeting to review the referral?’ above. Like in the initial meeting, it is best practice that this meeting includes all of the individuals with whom the child spends significant time.

When determining eligibility, the school or district must again ensure meaningful communication with parents in a language they can understand. Also, when considering a child who is culturally or linguistically diverse, the school teams must include individuals knowledgeable about the impact of language and culture on the data and information being reviewed.

To be found eligible for special education, a child must be evaluated in accordance with the Rhode Island Regulations Governing the Education of Children with Disabilities and determined to have one of the identified disabilities, including a developmental delay, and who, by reason thereof, needs special education and related service.

• The disability categories include:
• intellectual disability,
• hearing impairment,
• deafness,
• speech or language impairment,
• visual impairment (including blindness),
• emotional disturbance,
• orthopedic impairment,
• autism spectrum disorder,
• traumatic brain injury,
• other health impairment,
• specific learning disability,
• deaf-blindness,
• multiple disabilities, and
• developmental delay for children between 3 and 8 years of age (up to the ninth birthday).

A developmental delay is defined as a twenty-five percent (25 percent) delay and/or score equal to or greater than two standard deviations below the mean in one of the areas of development listed below; or a score equal to or greater than 1.5 standard deviations below the mean in two or more of the following areas:

• physical development,
• cognitive development,
• communication development,
• social or emotional development, and/or
• adaptive development.

The 25 percent delay in one area of development as listed above may be captured by norm-referenced tests, criterion-referenced instruments including curriculum-based assessments, or significant atypical behaviors. This delay is usually identified through authentic assessments that measure a child’s functioning in everyday environments.

A deficit in academic skills is not required for eligibility, and each of the developmental areas (physical development, cognitive development, communication development, social or emotional development, and adaptive development) carry equal weight during eligibility discussions. For example, a child with social–emotional needs who meets the regulatory criteria for a developmental delay does not need to also present with a deficit in the cognitive domain.

To be found eligible for special education, the evaluation must demonstrate that the child falls into one of the specific disability categories or is experiencing a developmental delay and, by reason thereof, needs special education and related services. It is therefore important to note that eligibility for special education cannot be determined by a doctor’s prescription or a medical diagnosis alone. In addition to the diagnosis, a comprehensive evaluation in accordance with regulations must be performed, and the need for special education determined. Finally, eligibility is determined based on current functioning and not risk factors or the projected implications of a disability/delay on future development.

If a child is found eligible for special education, an IEP meeting is conducted and an Individualized Education Program (IEP) is developed. Informed parental consent must be signed before the initial provision of special education and related service.

Individualized Education Program (IEP)

If a child is found ineligible, the LEA is encouraged to support the family in identifying community-based resources that might be beneficial, as well as inform them of their right to re-refer if concerns persist.

Most of the time families and LEAs can work out differences in perspective or opinion through a collaborative decision-making process. Parents are therefore encouraged to communicate any concerns that they may have with their local LEA representative. When disagreements persist relative to the results of an evaluation, parents may request an independent evaluation. In addition, when parents disagree with the outcome of a special education eligibility determination, they must be notified of their rights and the options for resolving special education disagreements.

When Schools and Families Do Not Agree

For more information on the RI Special Education Procedural Safeguards see When Schools and Families Do Not Agree or contact RIDE’s Call Center at (401) 222-8999 for assistance.

Rhode Island Regulations Governing the Education of Children with Disabilities

View requirements relative to referral, evaluation and eligibility within the Rhode Island Regulations Governing the Education of Children with Disabilities.