1 What is Special Education?

Special education has been supported by federal law since 1975 through the The Education of All Handicapped Children Act [PDF]. The law has been reauthorized and amended several times and is current known as the The 2004 Individuals with Disabilities Education Improvement Act [PDF] or IDEA.

Special education is a set of services provided to children ages birth to 21 years with a disability, aged birth to 21 years, who have been found eligible to receive special education and related services  as documented through an Individualized Education Plan (IEP) (ages 3-21 years) or an Individualized Family Service Plan (IFSP) (ages 0-2 years). The services are provided at no cost to the child’s parents and are determined by a team of professionals and family members according the child’s identified unique developmental or educational needs. The goal of any plan is support the child to participate in the general education curriculum and state academic content standards to the fullest extent possible.

Federal law

Special education is defined in IDEA as:
34 CFR §300.39 Special Education

(a) General.

(1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including–

(i) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(ii) instruction in physical education.

(2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section–

(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards:

(ii) Travel training; and

(iii) Vocational education.

More details can be found in the in US Code of Federal Regulations. In addition, the Center for Parent Information and Resources (CPIR) provides training curriculum on IDEA Part B that includes slides, trainers’ guide, and handouts as well as a training curriculum on IDEA Part C. The CPIR also provides key terms to know in special education.

The Open Education Resource created by Granite State College, The Roles and Responsibilities of The Special Educator, provides a chapter that provides more details for defining and understanding special education.

state regulations

Each state interprets the federal laws and regulations and establishes state regulations that support the law in order to receive federal funding to provide special education services. At a minimum, states must address the federal laws and regulations, but states have the option to add regulations. The state-added regulations must be reported to the US Department of Education (USDOE) as well as to the local education agencies in the state as state-imposed regulations and policies. In Virginia, these regulations are found in Virginia’s Administrative Code. Each state’s special education regulations are also usually posted on their state department of education website: Regulations Governing Special Education Programs for Children with Disabilities in Virginia [PDF].

The Virginia Department of Education (VDOE) provides excellent special education guidance for school professionals and families of individuals with disabilities:

• The Virginia Family’s Guide to Special Education [PDF] (2023) – this document explains the special education process, parental rights and procedural safeguards to help parents understand their rights and responsibilities, their child’s rights, and the school’s responsibilities to meet the needs of their child. This document is often distributed to parents during assessments, eligibility and/or IEP meetings. It is also available in different languages on the VDOE website. 
• A Video Guide to the Special Education Evaluation Process for Families (2024) – This resource hosts stand-alone videos, or all can be watched in succession, to provide addition guidance on the special education evaluation process. It includes an introduction, identification, evaluation, eligibility, individualized education program (IEP), reevaluation, early intervention, and what’s next.
• Your Family’s Special Education Rights [PDF] (2013)- this document is Virginia’s Procedural Safeguards Notice as required by law. It explains procedural safeguards and alternative dispute resolution, provides information about independent educational evaluation, confidentiality of information, procedures when disciplining children with disabilities, requirements for unilateral placement by parents of children in private schools at public expense, and a notice of parental rights concerning the use of public benefits or insurance.
• Students with Disabilities-Guidelines for Assessment Participation – A Guide for Educators and Parents [PDF] (2018) – this document provides information about Virginia’s assessment programs (Standards of Learning and Virginia Alternate Assessment Program), the procedures for determining how students with disabilities participate in these programs, and the role of the IEP team and 504 Committee.
• Evaluation and Eligibility for Special Education and Related Services-Guidance Document [PDF] (2018) – this document is designed to support educators, parents, and IEP teams  with information on the regulatory requirements and best practices for evaluation and eligibility determination.
• Parents’ Guide to Special Education and Dispute Resolution [PDF] (2008) – this document helps parents understand opportunities for dispute resolution in Virginia and includes information about mediation, complaints, and due process hearings.
• Discipline of Children with Disabilities – Technical Assistance Resource Document [PDF] (2010) – this document provides information to help school administrators and parents understand the federal law and regulations around discipline regarding children with disabilities.