Eligibility
How do I receive special education services for my child?
The special education eligibility process starts when a person familiar with the child makes a written or verbal request or referral for special education services. Check out our information on the eligibility process to learn more.
What can I do if I disagree with the school’s eligibility decision?
If you feel the school’s evaluation was inaccurate or did not fully address all your concerns, you can request an Independent Education Evaluation (IEE).
An IEE paid for at the school’s or public expense may be an option as determined by IDEA in certain situations.
Note: An IEE must meet the same standards that are required of a school evaluation, but the evaluator cannot be affiliated with the school district.
The school is offering a 504 plan instead of an IEP - what is the difference?
While IEPs and 504 plans both support children with disabilities, they do so in different ways. Check out the information below to see which option may suit your child’s needs best.
|
IEP |
504 Plan |
Appropriate when… |
A disability limits access and progress in the general education curriculum |
The student must: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment |
Decisions are made by… |
A Multidisciplinary Team (MDT) |
A 504 Team |
Usually managed by… |
A special education teacher |
A school counselor |
Reviewed… |
Annually, with eligibility determined every three years |
Annually, with eligibility determined every three years |
Provides… |
Specialized instruction and related services |
Accommodations and related services |
Authorized by… |
Individuals with Disabilities Education Act (IDEA) |
Section 504 of the Rehabilitation Act of 1973 |
Ensures… |
Educational rights |
Civil rights |
Plans for… |
A child’s special education experience at school |
How the school with provide support and remove barriers to the general education curriculum |
My child currently has a 504. Can I request an IEP evaluation anyway?
Yes, students may move from one plan to the other as their needs change. If you feel your child’s current plan is inappropriate, talk to their school team about your options, which may include updating the current plan or evaluating for a different kind of support.
Does my child need a medical diagnosis to qualify for an IEP?
No, they only need to demonstrate the characteristics of someone within one of the IDEA disability categories. For example, a child without a formally diagnosed learning disability may still qualify under “Specific Learning Disability” if they demonstrate a psychological and educational profile similar to that of a student with a learning disability.
Some families are comfortable without having a formal medical diagnosis, while others prefer to seek one out. While this decision can be a personal one, it may help to seek a formal diagnosis when your child’s disability may also require support from medical professionals or other community-based providers.
Does my child need to be failing classes to be eligible for services/special education?
No, their disability only needs to impact their ability to access and make progress in the general education curriculum.
Evaluation
What types of evaluations are being completed to determine eligibility for special education?
Depending on the concerns present, evaluations may include:
- A psychological evaluation (to measure student strengths and gaps in areas like memory, cognition, and thought processes)
- An education evaluation (to measure student strengths and gaps in academic areas like mathematics, reading, and writing)
- Behavioral evaluations (these may identify markers of disabilities like ADHD, autism, or mental health challenges, as well as their impact on learning)
- Parent, student, and/or teacher interviews
- Evaluations for speech and language processing, fine motor abilities, or other areas that may need related services at school
- Other evaluations as deemed appropriate
Does the school need my consent to evaluate or give my child an IEP?
Yes. You can refuse consent by simply saying no or not answering when asked when the school requests an evaluation. A school can’t give your child special education services without your written consent—you have the final say. However, the school can ask an impartial hearing officer to help resolve the issue through due process proceedings if they disagree with your decision to deny consent.
Parents have the right to informed consent throughout the special education process and may refuse evaluation. Informed consent means you know what the school wants to do, and you understand and agree in writing. Signing the IEP shows that you consent.
Once an IEP is place, you can still revoke your consent. But if you do so, the entire IEP ends, and your child is treated as a general education student.
Can I refuse consent for some evaluations/assessments?
Yes – parental consent is required for all evaluations. However, consent for all evaluations is given when you sign the Consent to Evaluate form. If you have concerns about certain evaluations or evaluation types, make sure you confirm the full evaluation plan with the school before giving consent.
How many times/how often can my child be reevaluated?
Students with IEPs are reevaluated every three years. A reevaluation may also occur more frequently if the team agrees to it, or if the parent requests an evaluation. Students without current IEPs may be evaluated as part of the eligibility process when the team agrees evaluations are warranted.
How will my child be assessed according to grade level and what if they aren’t able to access the grade level general education curriculum?
The Department of Education released a guidance letter about this to ensure that a child’s IEP goals align with “the state’s academic content standards for the grade in which the child is enrolled.”
So, if your child is in the sixth grade, but reads at a fifth-grade or even a third-grade level, the IEP goals must still be tied to the standards for the sixth grade. If your child is far below grade level, they aren’t expected to close the gap between where they are and their current assigned grade level content. Your child just needs to show steady progress toward achieving it.
Still, kids usually don’t struggle with all subjects to the same extent. IEP goals should allow kids to catch up in areas where they’re behind. Kids should get accommodations to allow them to learn grade-level content where they’re able to.
The idea behind standards-based IEPs is to hold students to the same standards as their peers, and to provide the support they need to reach those standards, even if it takes a while.
According to the guidance letter, goals must be “ambitious but achievable.” They should aim to close the gap between your child’s performance and grade-level standards. But they also need to be realistic.
The idea behind standards-based IEPs is that given the right support (accommodations) most kids should be able to achieve the standards.
Placement
How do I choose the right school/placement for my student with a disability?
As part of the IEP team, you will work with others to determine the best placement for your child. If you’re looking into private schooling, home schooling, DCPS options, or DC public charter school options, you can reach out to us for more information on specific schools and programs.
How can I get my child placed in smaller classes?
As part of the IEP team, you will work with others to determine the best placement for your child. There are benefits and drawbacks to every placement (including smaller classes), so it is important for the team to review all data and make the best decision for your individual child. For more information, check out our resources on the Continuum of Services and Least Restrictive Environment (LRE).
How can a student move from a more restrictive setting to a less restrictive setting?
As part of the IEP team, you will work with others to determine the best placement for your child. The team will review your child’s data at least once a year to determine the best setting. If you feel you need to meet more frequently, it’s your right to call a meeting at any time to discuss data and placement.
What is the difference between inclusion and resource room?
Inclusion refers to specialized instruction that occurs within the general education classroom. Resource room (also known as small group instruction) refers to specialized instruction that occurs outside of the general education classroom.
Why won’t the school authorize a dedicated aide or paraprofessional for my child?
In general, this decision is based on the child's needs that inform the IEP. The IEP team must agree that the child requires an aide to receive a free appropriate public education.
What is ‘stay put’ and the rights associated with it?
“Stay put” rights apply when you dispute a change the school wants to make to your child’s IEP. When you invoke this right, your child’s current placement can remain the same until you and the school resolve the dispute. This right comes into play when you disagree with (or “dispute”) a change the school district wants to make in your child’s educational placement. The term “placement” means more than simply a location. It includes the services set forth in the IEP.
Location of Services
Why did I get a letter saying my child’s school is changing next year?
This may be due to programming changes at schools or a change in the supports in your student’s IEP. Please contact the point of contact on the letter for more information.
Are charter schools subject to FAPE like public schools? What about private schools?
Charter schools are public schools. So yes, they are required to provide a Free and Appropriate Public Education (FAPE). Private schools do not receive federal funding from the government under IDEA, so they are not required to provide a free and appropriate public education or an IEP to students with disabilities. However, private schools should provide equitable services.
How do I find out how ‘successful’ a school is at educating/serving students with disabilities?
Data can tell us a story, but it can’t tell us everything. Each school collects data on its students pertaining to test scores, student academic progress, discipline, and various other levels of achievement. However, the most important determining factor about whether a school is a good fit for your child is whether you and your child feel a part of the greater school community, if you have open and constructive dialogue with the teachers and administrators, and if you feel as though they have your child’s best interests at heart as you navigate the special education process. Like anything else, schools can be excellent in some areas and could improve in others. You might find it helpful to connect with other parents and discuss their experiences and ask questions. You may also reach out to schools across the city to learn about their special education policies. There is a guide of helpful questions to ask on www.myschooldc.org.
IEP Meetings/Goals
How do I know if my child is making sufficient progress toward their IEP goals?
Communication is key. Stay in touch with your child’s teachers and review progress reports and other materials. Your school may also have a portal like PowerSchool, Class Dojo, Google Classroom, Canvas, or Schoology to provide updates on grades or behavior. You will also receive an IEP progress report with information on how your child is progressing on each of their goals 3-4 times a year (check with your child’s school to see if progress reports are issued quarterly or each trimester).
How do I know that the IEP goals are appropriate and ambitious?
IEP teams must ensure that goals for students are challenging and measurable. All students with disabilities will be held to high standards, so long as they are achievable given their current level and correspond with grade-level standards for the grade they are assigned. Each goal should address academic or functional needs, include benchmarks and short-term objectives, and lead to a corresponding special education service.
I don’t think my child is making progress toward their IEP goals. What should I do?
It is important to allow some time for the IEP (6-7 months, at least) to be in place as the goals are based on a school year. However, if you have concerns, you can also call an IEP meeting and request data from your child’s teachers about their progress. They should be able to give you information to say whether they are making academic progress or if they feel your child may benefit from more accommodations, adjusting the goals to make them more achievable. Remember, the goals are also meant to be challenging and hold your student to the same high expectations we have for every student.
If you think that your child isn’t meeting any goals, it may be time to request an IEP meeting. In this meeting, the teachers can demonstrate the progress (or lack thereof) academically and the goals can be modified or the accommodations can be adjusted, with data to support these changes and how they can help your student to meet the goals that are aligned with the grade level standards on their IEP.
Who can accompany me to help advocate for my child at my student’s IEP meetings?
Parents can bring whoever they’d like to their child’s IEP meeting. We recommend someone who knows your child well in a variety of contexts and who can be objective. It might be helpful to ask an advocate or educational professional who has some experience as a teacher or specialist provider who does not work for the District to sit in on the meetings. Advocates for Justice and Education, Children’s Law Center, and various other educational consultants and advocates are options in the DC area. It may also be helpful to bring a friend, family member, or another trusted person for support.
Can an IEP meeting be held without me?
Parents have the right to attend all IEP meetings regarding their child, but a meeting can be held without them if they know of the meeting and choose not to attend.
Can the IEP be changed without a meeting?
Small changes, like typo fixes or adding a note the team forgot to include, can be done without a meeting. In this case, the school will draft the changes and provide an IEP Amendment Form for you to sign to authorize the changes. For bigger edits, like the addition of multiple goals or services, a meeting is needed.
How do I prepare for an IEP meeting? What should I expect?
Expect to meet with a school representative, at least one of your child’s teachers, and any related service providers they encounter like counselors or occupational therapists. In order to prepare, review any drafted documents provided by the school and bring your questions and comments along. Many parents also find it helpful to write a list of questions ahead of time or to bring a friend, family member, or another trusted person to support.
Can my child’s IEP be removed? How?
Yes. During reevaluation, the team may find that a child has made significant progress and is no longer eligible for an IEP. In this case, the team can decide to exit your child from special education services.
If your child still qualifies but you no longer wish for them to receive services, you have the right to revoke your consent for services by providing a statement in writing. Revoking services removes all your child’s supports, so make sure to work with the school team to develop a plan you feel comfortable with before considering fully ending your child’s IEP.
When should parents/the school/teacher tell my child about their IEP?
Children often notice themselves struggling long before they understand why that might be happening. It can be empowering to give your child the words to understand a diagnosis and show them that their IEP is meant to be a tool to help them learn the same things as the other students, but in the way that works best for them.
I want my child to participate in their IEP meetings. How can I facilitate this?
Your child has a right to participate in every IEP meeting and they should! They learn valuable skills about self-advocacy and that their participation matters. The level of involvement your child should have in their IEP meeting should consider their age as well as their understanding of the process and any expectations of the meeting they are participating in. If you would like to bring your child to the meeting, they can simply show up with you and their name can be recorded on the attendance sheet. Space should be created to explain the reason for the meeting, any potential changes or decisions that must be made, and what they can do to contribute. Conversations caregivers should have with their student before the IEP meeting would be about their disability, the goals they have been working to meet, areas of strength they have, areas of weakness that they could use additional support, any accommodations they receive, and strategies they think would be beneficial for helping them to work on the areas of difficulty or other suggestions of supportive measures to learn better.
If the child is middle/high school age, they can present any career interests or future plans they have and define their goals to be integrated into the IEP and transition plan.
Does an IFSP transfer to an IEP or must a child be re-evaluated between Pre-K and Kindergarten?
A child with an IFSP (which provides for services prior to age 3 unless extended) does not automatically receive an IEP (which can provide for services after turning 3). In fact, not all children who have IFSPs will qualify for IEPs. OSSE Strong Start will hold a transition conference for a child who will be exiting IFSP services to discuss the initial evaluation process for an IEP and special education services after age 3 and other resources as appropriate. The IFSP team, the student’s family, and the school in which the child will enroll will all meet.
English is not our native language. We need assistance/counseling about the special education process in another language. What can we do?
Parents have the right to receive information or communicate with a staff member at their school in their language. Please reach out to your school directly for more information on their language service providers. Regardless of whether your child is a DCPS or charter school student, you have the right to an interpreter and translated documents.
I don’t think the school is consistently implementing my child’s IEP. What can I do?
Communication is key. Stay in touch with your child’s teachers and review progress reports and other materials. Your school may also have a portal like PowerSchool, Class Dojo, Google Classroom, Canvas, or Schoology to provide updates on grades or behavior.
If you still have concerns about IEP implementation, you have the right to call an IEP meeting to discuss your concerns.
You also have the right to dispute resolution through the Office of Dispute Resolution. Families can contact this office to intiate mediation services or file a formal due process complaint.
My child was absent and missed their services. Is the school required to provide make up services?
If your child is absent from school, the school is not required to make up those hours, but the IEP team has to consider the impact of the loss of service on the student’s IEP. The school is required to provide services missed during out of school suspension.
My child has an IEP. Can the school retain my child a grade due to progress?
Students with IEPs can be retained at the discretion of the principal if they don’t meet the promotion criteria or attendance requirements.
Discipline
Can my child with a disability be suspended or expelled? What discipline protections does my child have as a result of their disability?
Yes, special education students can be suspended for disciplinary infractions. However, they cannot receive longer or more stringent suspensions than their general education peers would receive for the same infraction.
In addition to the protections all students have, special education students have the right to a Manifestation Determination Review (also called a manifestation meeting) in the following circumstances:
- A special education student is suspended for ten or more cumulative days in a school year,
- A special education student is being considered for expulsion,
- or a special education student is being considered for a disciplinary change in placement (for example, a non-voluntary transfer).
See our School Discipline page for more information.
What behavior supports are available to my child during the school day?
All students benefit from behavioral supports, systems, and routines in school. However, special education students often require a bit more support to promote healthy behaviors. Check out our Emotional, Social, and Behavioral Development page for more information.
Transportation
How do I obtain transportation services in my student's IEP?
Transportation services are available to students who meet the appropriate criteria. This should be discussed in your child’s annual IEP meeting, but don’t hesitate to call a meeting to discuss transportation if something has changed or you suspect your child is eligible.
What kind of transportation options are available for my student with an IEP?
OSSE DOT provides yellow bus service between home and school for qualifying special education students. This does not support aftercare, extracurriculars, or dropping students at varied locations (ex. Alternating relatives’ houses, sports practice, etc.), so you may want to fully explore your family’s needs before establishing this service. Transportation eligibility is determined at your student’s annual eligibility meeting.
I have a problem with my child’s transportation services. Who do I talk to?
OSSE DOT can help! You can reach out to them directly at [email protected] or (202) 724-8600.
Before & Aftercare, ESY, and Extracurriculars
What is ESY? How can my child qualify?
Extended School Year (ESY) is available to students who will experience significant learning loss over the summer and will take an extended amount of time to recoup lost learning. It is not tutoring, summer school, enrichment, or credit recovery. ESY will provide goal-aligned instruction to maintain learning over the summer. Eligibility should be discussed in your child’s yearly IEP review.
Are there any supports available for my child with a disability in an out-of-school before/after care setting?
IEP information should be shared with other providers and caregivers working with the student to ensure success across different environments and programs. Certain programs may not have the staff or resources that the schools do to implement the supports the student receives in school, but parents can work with these programs to develop plans for accessibility and inclusion.
Can my child with a disability participate in extracurricular activities or sports?
Extracurriculars are a great opportunity for students to bond with peers, find mentors, and build skills and values outside of the classroom setting. Schools are required by law to make reasonable accommodations for students with disabilities to participate in extracurricular activities with their non-disabled peers. Talk to your child about which activities they want to join and what accommodations they may need, then discuss those needs with your school and the club mentors or coaches to build a support plan.
Records and Procedures
How do I request all my child’s educational records?
You should reach out to your child's school (or previous school if you are looking for previous records) directly.
What are due process proceedings? How do I file a complaint?
IDEA requires states to provide due process proceedings to resolve special education disputes. If you have a complaint or dispute that cannot be resolved at the school level, you have the right to file for due process proceedings with the OSSE Office of Dispute Resolution (ODR). This process includes statements from you, the school, a resolution meeting, and the opportunity for mediation. If the issue is still not resolved, the process then moves into a due process hearing. From the evidence and statements provided in this hearing, an impartial hearing officer will determine the next steps that must be taken by the school (if any).
For more information on due process proceedings, check out the ODR Parent Guide.
Can I dispute information in my child’s record and request a change?
The Family Educational Rights and Privacy Act (FERPA) protects educational records and parents’ [and students 18 and older] rights to review and submit amendments as well as to control the disclosure of those records. There is a form to fill out regarding requests to change information in the record.
Transitions
What are potential post-secondary and vocational options available to my child with a disability?
Programs available to students with disabilities will be addressed in the transition plan, according to your child’s future goals and eligibility for graduating with a high school diploma. Many DC schools offer career prep programs, information on internships, apprenticeships (i.e. with DC EMS and Fire, Metropolitan Police Department, or hospitality and restaurant services programs), IT training, post-secondary education resources, employment preparation support, and/or military enlistment information. DC3C The Special Education Cooperative has resources tailored to students with disabilities with more technical assistance, employment training, and collaboration across school and agencies within DC to hire individuals with disabilities.
How can the school support my disabled child who wants to enlist in the military?
People with physical disabilities are generally not allowed to join any branch of service due to an inability to perform to the rigorous fitness standards and physical challenges that military life brings. However, conditions such as autism aren’t necessarily an automatic disqualifier. They are evaluated on a case-by-case basis. Some branches of services such as the Marines are more selective and it is more difficult to attain waivers. For consideration to enter any military service, you must undergo thorough medical testing. DCPS offers JROTC programs and the career-prep program which covers military enlistment and the list of requirements, including information about physical fitness test and the ASVAB exam to qualify.
Do my child’s supports follow them to college?
There is no legislation in place that offers the same level of support in college that students in K-12 schools receive. IDEA no longer applies to students once they graduate high school. However, universities offer academic support, but students will need documentation of their disability and a demonstrated need for accommodations. The services offered will be at the discretion of the university once the student has submitted the appropriate documentation of their disability from a licensed medical professional that demonstrates the impact of disability on one or more major life activities and makes a recommendation for accommodation.
What is the difference between the high school diploma track and the IEP certificate track?
Students with IEPs may finish high school with a traditional diploma or an alternative certificate. The diploma track requires students to complete the same course credits and requirements (community service, attendance, etc.) as their non-disabled peers, although they will still receive IEP supports.
For students whose disabilities prevent them from completing the kinds of courses required by the diploma track, a Certificate of IEP Completion may be more appropriate. Families and students should be aware that a Certificate of IEP Completion is not equivalent to a diploma or GED, which are required for many jobs and postsecondary education opportunities.
Early consideration is best when it comes to transition planning. The multidisciplinary team should discuss which track is most appropriate for the student when the graduation process starts as students enter ninth grade. For more information, you can view the DC high school diploma requirements here and learn more about the two tracks within DCPS here (For information about these tracks at a specific public charter school, please reach out to the school directly.)
Behavior Interventions and Supports
What behavioral supports are available for my child at school?
All students benefit from behavioral supports, systems, and routines in school. However, special education students may require a bit more support to promote healthy behaviors. Check out our Emotional, Social, and Behavioral Development page for more information.
What is an FBA? How do I request one?
A Functional Behavioral Assessment (FBA) is a process schools use to determine why a student is demonstrating a challenging behavior. Through a process of data collection (ex. Examining school records, interviewing staff or the student, screeners, etc.) a team, typically led by a school psychologist, behavior specialist, or other mental health professional determines the function of the challenging behavior.
This function may be to get social attention, access tangible items or preferred activities, escape or avoid demands or non-preferred activities, or sensory sensitivities (seeking or avoiding sensory input.) Once the function is determined, the team can use the information to develop effective supports.
It is important to note that an FBA only determines the function of a single behavior - FBAs themselves do not provide supports or go into a broader behavioral evaluation. It is also important to note that FBAs are not a special education service - they are tools available for all students, regardless of ability/disability status.
What is a BIP? How do I request one?
While IEPs can provide useful support, some students require more in the form of a Behavior Intervention Plan (BIP). A BIP creates a clear, actionable plan to support your student’s school team in helping to minimize a target behavior. BIPs are developed through collaboration between you, your child, and the school team and include:
- A Description of the Target Behavior (ex. “Leaving the classroom without permission”)
- The Function of the Target Behavior: Why does the child engage in this behavior? (ex. social attention or task avoidance)
- Prevention Strategies: What can the team do prevent this behavior? (ex. previewing non-preferred assignments or positively narrating student actions)
- Replacement Behavior: What should the student do instead of the target behavior? (Note: this must serve the same function as the target behavior.)
It is important to note that BIPs are not a special education service - they are tools available for all students, regardless of ability/disability status.
My child’s IEP/BIP isn’t working and my child is having behavior challenges. What can I do?
IEPs and BIPs are living documents – if they are not working, the team should work together to adjust them to appropriately meet student needs. If you’re concerned about the effectiveness of your child’s plan, you have the right to call a meeting with the school team to discuss your concerns and make alterations to existing services as needed.
Student Life
I believe my child is being bullied at school but they’re non-speaking or not telling me. What can I do?
First, ask your child explicitly in a way they can understand and define what bullying is and reinforce that you want to help and will believe what they have to say. For non-speaking children, look closely at behavior, emotional, and physical signs.
Secondly, you can consult teachers and other parents of students in school to ask whether they have noticed any instances in school involving your child around bullying.
Follow the guidance of your school’s Bullying Prevention policy to report or investigate incidents of bullying.
My child with a disability is demonstrating harmful behavior toward others, but I’m not sure it’s bullying. What can I do?
Defining bullying and talking to your child about what bullying is are the first steps to learning about the behavior your child is exhibiting toward other students. It is important to discuss with the school/teachers about the interactions your child has with others and the dynamics they have with students in their class, on the playground, etc., and discuss social supports and use social stories if your child is demonstrating behaviors that could be harmful to other students. Your child could be mirroring behavior that they were exposed to or retaliating against others for bullying acts against them. It is important to have contact with their school and care providers to set up safety plans and interventions to promote safe and supportive environments for all students.
My student with a disability has been bullying others. How do we obtain assistance for this?
Students who are bullying others, even if they have disabilities, are held to the same code of conduct as other students in school. They will be required to participate in interventions, including introduction of replacement behaviors, learning about the appropriate and expected behaviors, sensitivity training and prevention of bullying such as addressing social-emotional, behavioral and academic needs as well as identifying community and mental health resources and subject to consequences and progressive discipline for bullying actions.
My student feels uncomfortable/doesn’t use/won’t ask for the accommodations we have agreed upon because they feel ____. What can we do to help them?
Request an IEP meeting and involve your child in their own educational process. Self-advocacy can be empowering and help your child to understand the role of the services and accommodations in their success, while also showing them that they are necessary to help them to learn. Empower them to make decisions, ask questions, and facilitate the meeting by leading with their areas of strength, the goals they want to achieve, and how they think they can address areas of opportunity/weaknesses through alternate methods of instruction or support. The student can even request different accommodations so long as the team feels they would help the student reach the goals listed on the IEP.
My child with a disability feels singled out in the classroom about behavior, disability, or poor grades. How can we help him?
An IEP meeting between teachers and parents, and perhaps the child depending on their age can address an issue like this and help everyone involved to re-examine the supports in place in the IEP. Many teachers use classroom management strategies that can appear punitive to students with disabilities who have difficulty meeting the expectations placed in the classroom for behavior, participation, or achievement. This can help teachers see the potential negativity around using methods like rewards and punishment for students who simply cannot meet the benchmarks due to challenges beyond their control. An open dialogue and a willingness to work together to implement better supports and promote a positive classroom environment for all is what is necessary to help students feel better about their performance and achievement at school.
What rights do incarcerated students with disabilities have?
Students who are incarcerated and have a disability are still entitled to FAPE, with some exceptions, and can still receive their right to an education with an IEP, including appropriate modifications and placement. However, given their incarceration, students are no longer entitled to be placed in the Least Restrictive Environment with non-disabled peers, or receive transition planning. Note: If the individual with a disability is being tried for a crime as an adult, they may be ineligible for FAPE.