The whole process of eligibility for special education services can be confusing but it is important for you to inform yourself about your child’s rights and the obligations of the school system.
In order to be found eligible for special education services under the label of specific learning disability, a student must meet two requirements. The first requirement is that she must demonstrate a processing deficit. The presence of a processing deficit is determined through testing during the educational evaluation. The second requirement is that a student must exhibit a discrepancy between her ability and achievement. During the evaluation, her ability level (also called her “potential to learn”) will be determined, as will her level of academic achievement. Students without learning challenges have essentially evenly matched levels of ability and achievement. Children with learning disabilities are so affected by their processing deficits that they are not able to achieve to their abilities. Special education services are designed to close that gap between achievement and ability.
Even if a student does have a processing deficit, the discrepancy between her ability and achievement may not be great enough for her to qualify for special education services at the time. This most often happens with younger students because it is easier for students to compensate for processing deficits in the earlier grades. One thing that is important to remember is that even if your child was found ineligible for special education services one year, it is within your legal rights to request that she receive another educational evaluation, as long as it has been at least one calendar year from the previous evaluation. If she does have a processing deficit, it may be discovered through another round of testing that the gap between her ability and achievement increased enough to now qualify her for services.
If a student does not qualify for special education services under IDEA, it does not automatically disqualify her from receiving services under Section 504. The following article provides good explanations of the differences between the two types of legislation and the criteria a child must meet in order to qualify for a 504:
Topic
Special Education