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Date: 04/30/2026

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School & Education

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Part of the Equal Education Library, sponsored by Perkins Coie.

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Understanding the special education process Guide

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Children with disabilities can receive special education services from the age of 3 through age 21. Before that, they can qualify for early intervention services. 

A child must be tested to get special education services. Parents can ask for an evaluation by writing to the school principal. The school must respond within 14 school days. Learn more about asking for a special education evaluation. 

If the school agrees to test your child, they will ask for your consent. When someone gives permission for someone else to do something Within 60 school days of your consent, the school must complete the evaluation and hold a meeting to decide if your child is eligible. The school must test your child in all suspected areas of disability. A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. Learn more about the evaluation and eligibility process. 

If your child is eligible for special education, an Individualized Education Program (IEP) will be written. Learn more about setting up an IEP. 

If your child is not eligible for special education, you can consider asking for a 504 plan. 

If you disagree with the school, there are different ways to resolve problems with the school.

Last full review by a subject matter expert
July 22, 2024
Last revised by staff
December 05, 2024

About our legal information

Take action

Mediation for Special EducationText article
Describes how mediation may be useful when resolving conflicts about Special Education.
Going to a due process hearing for special educationHow-To
Step-by-step guide on how to request a due process hearing for a special education issue, and how the hearing works.
Filing a complaint with the board of educationText article
Describes the process of reporting to the ISBE that your child's school is not following special education laws.

Learn more

Early intervention services for children with disabilities Link
Explains Individualized Family Service Plans (IFSP) for children with disabilities up to 3 years old.
Requesting a special education evaluation Text article
Learn how to ask the school to evaluate your child for special education and related services.
Special education evaluations and eligibility Text article
Learn how the testing process for special education works and the eligibility criteria for children to qualify for help.
Setting up an individualized education program or IEP Text article
Describes the Individualized Education Program for students with special educational needs.
504 plans Text article
Learn about when a student may be eligible for a 504 plan, how 504 plans are different than IEPs, and what to do if you disagree with the school about a 504 plan.
Resolving special education conflicts Guide
Explains how to resolve conflicts in special education.
Understanding discipline of special education students Guide
A student with a disability can be suspended for the same reasons as a student without a disability. But there is a limit to how many days a student with a disability may be suspended in the same school year.

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Part of the Equal Education Library, sponsored by Perkins Coie.

Perkins Coie logo

Take action

Mediation for Special EducationText article
Describes how mediation may be useful when resolving conflicts about Special Education.
Going to a due process hearing for special educationHow-To
Step-by-step guide on how to request a due process hearing for a special education issue, and how the hearing works.
Filing a complaint with the board of educationText article
Describes the process of reporting to the ISBE that your child's school is not following special education laws.

Learn more

Early intervention services for children with disabilities Link
Explains Individualized Family Service Plans (IFSP) for children with disabilities up to 3 years old.
Requesting a special education evaluation Text article
Learn how to ask the school to evaluate your child for special education and related services.
Special education evaluations and eligibility Text article
Learn how the testing process for special education works and the eligibility criteria for children to qualify for help.
Setting up an individualized education program or IEP Text article
Describes the Individualized Education Program for students with special educational needs.
504 plans Text article
Learn about when a student may be eligible for a 504 plan, how 504 plans are different than IEPs, and what to do if you disagree with the school about a 504 plan.
Resolving special education conflicts Guide
Explains how to resolve conflicts in special education.
Understanding discipline of special education students Guide
A student with a disability can be suspended for the same reasons as a student without a disability. But there is a limit to how many days a student with a disability may be suspended in the same school year.

Supporting Law

If you want to learn more, you can use these resources as a starting point or learn more about doing your own legal research.
Individuals with Disabilities Education Act, 20 U.S.C. 1400 to 1500 This will take you to another website.
US Department of Education Regulations, Special Education, 34 C.F.R. 300.1 to 300.537 This will take you to another website.
Illinois Special Education Regulations, 23 Ill. Adm. Code 226.10 to 226.690 This will take you to another website.
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© 2026 Illinois Legal Aid Online. 
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ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.