Legally, every state in the USA is required to provide free and appropriate educational services to any child with any disability, no matter how severe or mild that disability may be, between the ages of three and twenty-one, if there is an educational need. That part is the key, along with the fact that the educational need can not be based on the predominant language in the home being different than English. It also can't be based on economic disadvantage. This is the way the state prevents lower income or disadvantaged kids to being placed in special education when in fact they are not disabled, but simply disadvantaged. Lower income families and those who have bilingual homes can seek sources of help through other means, like ESL or Head Start programs, rather than special education.

It's all about inclusion and studies along with time based experience have shown that mainstreaming disabled children into the regular classroom with early intervention is the key to changing the disability into an ability to become a successful member of society. With this being said and legally expressed, the child's rights can only be established if and when that child qualifies.

HOW TO QUALIFY YOUR PRE-SCHOOL CHILD FOR SPECIAL SERVICES:

1. Get a diagnosis.

When a parent notes a developmental delay and hesitates in receiving an early diagnosis, that parent is unintentionally preventing the child from receiving what he or she has the right to receive. The sooner a parent accepts the need to seek help, the faster a diagnosis can be given, which will lead to the child's right to receive a free and effective way to get the help he or she needs.

Once the doctor agrees that your child is developmentally delayed or disabled in some way, ask the doctor to provide you with a copy of his report which clearly states the delay or disability as being diagnosed. Explain to the doctor that in order for your child to receive special education services, he will need to explain why there is an educational need for the free services. The school will need a copy of this document for legal purposes, so keep it in a safe place.

2. Contact your local public school.

By the time your child is almost three years of age, and you've done what you know to do to improve his or her developmentally delay, get the diagnosis you need and contact the school without delay. Ask to speak to the educational diagnostician or the school

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