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Frequently Asked Questions


Questions

Are students who are in gifted programs included under the Individuals with Disabilities Education Act (IDEA)?

No, IDEA is a law for students with disabilities. However, gifted students are considered exceptional education students in Florida. This means they are eligible for ESE services, have some procedural protections, and have written educational plans.

What is the role of parents under IDEA?

IDEA was reauthorized in 1997, and many of the changes made emphasize the important role parents play in the education of their child in exceptional student education. The law is clear that, in addition to other rights, parents have the right to:
  • Be included in any meeting wherein evaluation, placement, or services will be discussed
  • Give or refuse informed consent prior to evaluation and placement
  • Receive a copy of the Individual Education Plan (IEP) at no cost
  • Review their child’s educational records
  • Request an independent evaluation
  • Due process

What procedures are used to determine if a student meets eligibility requirements for exceptional student education services?

The process of evaluating a student for ESE services involves several steps. The first step must be a referral for evaluation completed by parents, teacher, or others. After a referral is made, the school district will decide what type of evaluation needs to occur and will secure the parents’ informed, written consent. The evaluation process is a way of collecting information about a student’s learning needs, strengths, weaknesses and other pertinent items. Information may be obtained from such sources as screenings, tests, conferences, observations, interventions, and records review.

After all parts of the evaluation are completed, a meeting will be held to determine whether or not the student meets the eligibility criteria for any of the exceptional student education programs. The parents are invited to the meeting. The purpose of the meeting is to review all reports, records, observations, test results, and referral information in order to discuss eligibility for special services.

If a student meets eligibility criteria, an Individual Educational Plan (IEP) will be developed that identifies services to meet the unique needs of the student.

How can students with disabilities be included fairly in the statewide testing program?

Most students with disabilities are expected to participate in the statewide testing program unless the IEP committee determines that the regular state assessment is not appropriate for the student. Appropriate reasons for exclusion of students with disabilities are the following:
  • The student cannot be expected to master the Sunshine State Standards because of cognitive functioning level.
          and
  • The student’s instruction is individualized, skill and context specific, and directed at mastery of the Sunshine State Standards for Special Diploma.
          and
  • The student's inability to master the Sunshine State Standards is not due to absences, or social, cultural, or economic disadvantage.
For the few students who are excluded from the regular state assessment, the IEP team must determine how each student will be assessed for progress. The results of the alternate assessment must be given to the parent.

For students who take the regular statewide assessment, appropriate accommodations must be identified by the IEP team and implemented at the time of testing. For additional information, go to the accommodation section on the website.

How can I find out more about the McKay Scholarships available to ESE students?
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