If you’ve ever been told by a school administrator or special education team, “Your child isn’t struggling academically, so they don’t qualify for special education,” you’re not alone and your frustration is valid. Here in Northern Virginia, even in some of the most well-resourced and sought-after school districts, I hear this statement at least once a month. It is not just misleading; in many cases, it reflects a fundamental misunderstanding of federal law and an overly narrow reading of what qualifies a child for support. And it causes real harm to students with disabilities.
What the Law Actually Says
Under the Individuals with Disabilities Education Act (IDEA), students are entitled to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The purpose of IDEA is not solely to help students who are failing academically. It is to support students whose disabilities adversely affect their educational performance which includes social, emotional, behavioral, and functional domains.
According to IDEA, a child may be eligible for special education services if they meet two criteria:
1. The child has one or more of the thirteen disability categories defined by federal law (such as autism, emotional disturbance, specific learning disability, or other health impairment).
2. The disability adversely affects the child’s educational performance, and as a result, the child needs special education and related services.
Importantly, “educational performance” is not limited to grades or test scores. In Letter to Clarke (2007), the U.S. Department of Education clarified that educational performance must be broadly interpreted to include non-academic skills such as communication, social interaction, behavior, and emotional well-being.
This means that a child who is earning good grades but struggling to speak in class, navigate peer relationships, manage emotional regulation, or maintain daily routines may still qualify for special education. To say otherwise is to misunderstand or worse, misrepresent the law.
Why This Misconception Persists
Schools are not always operating in bad faith. Many educators and administrators care deeply about their students and want to help. But they are also working within systems that are under-resourced, overwhelmed, and sometimes poorly trained on the nuances of federal and state law.
In some cases, school teams are pressured to limit the number of students identified for special education due to a variety of constraints. (There are several reasons why school professionals might be concerned about over-identifying students. This is a topic for another blog yet to be written as it’s complicated.) Providing individualized support costs time and money. Staff must be hired, meetings held, documentation completed, and progress monitored. This can create unspoken incentives to interpret eligibility narrowly particularly when a student appears to be “doing fine” on paper.
It’s also true that general education interventions such as Response to Intervention (RTI) or Multi-Tiered Systems of Support (MTSS) are sometimes overused as reasons to delay or deny evaluation, even though IDEA clearly states that no single intervention process can be used to refuse a parent’s request for evaluation.
The Impact on Students
When schools deny evaluations or services based on academic performance alone, they overlook entire categories of need. Children with autism, ADHD, anxiety, or depression may pass state tests and earn high grades while quietly suffering through each school day. These students are often masking their challenges, expending enormous cognitive and emotional energy just to appear competent. That effort can come at great cost to their mental health, social development, and long-term outcomes.
This is especially true for gifted students with disabilities, sometimes referred to as twice-exceptional (2e) learners. These children may ace their spelling tests while simultaneously melting down after school, unable to articulate their emotions or maintain friendships. The myth that smart kids don’t need support is not just incorrect, it is damaging. (Special note: I have real discomfort with the term “twice-exceptional.” I’ll unpack that more fully in another post. The idea that a child becomes exceptional by virtue of disability or intelligence feels both narrow and misleading. As parents and caregivers, we are meant to see our children as exceptional regardless of diagnosis, test scores, or perceived potential. And we also hold the reality of their struggles. The word “exceptional” often erases the work, the effort, the scaffolding that makes success possible. More than semantics, this is about the cultural and systemic harm that comes from misusing, misunderstanding, or misclassifying disability and intellectual ability. The consequences are widespread. That’s a bigger story, and one worth telling soon.)
Who Is Most Affected
The students who are most harmed by this misinterpretation are often those who are already marginalized. Research from the Civil Rights Data Collection and organizations such as the National Center for Learning Disabilities has repeatedly shown that:
- Students from low-income households are less likely to be identified for special education services, even when they meet eligibility criteria.
- Students of color, particularly Black and Latino boys, are often either over-identified in some categories (such as emotional disturbance) or under-identified in others (such as autism or learning disabilities).
- English language learners face particular barriers, as their language differences are sometimes mistaken for learning difficulties or vice versa.
Meanwhile, families with more financial and cultural capital often hire advocates, pay for private evaluations, and secure services through persistent pressure. This creates a system in which access to education is uneven, shaped not just by need but by a parent’s ability to navigate the system.
What Parents Can Do
Parents who suspect their child may need support should know this: You have rights, and you do not need to wait until your child is failing.
Here are a few steps families can take:
- Request a special education evaluation in writing. You have the right to ask for an evaluation at any time. Schools are required by law to respond within specific timelines.
- Join your district’s Special Education Advisory Committee (SEAC). These groups help shape local policy and provide critical feedback to school boards. Most districts list their SEAC meeting schedules online. Heck, just go to the open meetings and learn. Have conversations. Share your story.
- Contact your school board representative. Share your experiences and advocate for equitable, inclusive practices. Your voice is part of the policy-making process.
- Request a copy of your state’s Parent’s Rights Handbook in your preferred language. Every state provides this. While it may be dense, advocacy organizations and disability rights groups can help you understand it.
- Connect with a parent advocacy group such as the Council of Parent Attorneys and Advocates (COPAA), your state’s Parent Training and Information Center (PTI), or local disability rights organizations.
- Connect with your Division Ombuds Office. When you’re facing challenges with your child’s special education services—whether it’s confusion about eligibility, disagreements over services, or feeling unheard by your IEP team—it’s easy to feel overwhelmed, isolated, or stuck.
You can also request a meeting with a school social worker, counselor, or special education administrator to talk through your concerns. You do not need to present a diagnosis to begin the process. If your child is struggling to access the full benefits of school because of a suspected disability, you have the right to explore whether special education services are appropriate.
What Schools Can Do
Schools can support both legal compliance and student well-being by:
- Training staff on broad interpretations of educational performance under IDEA.
- Using multi-source, multi-setting evaluations that look beyond grades and test scores.
- Partnering with families early and often, recognizing the strengths they bring to the table.
- Proactively referring to students with clear social-emotional or behavioral difficulties for evaluation, even if they have strong academics.
- Ensuring that cultural and linguistic factors are considered in evaluation and placement decisions.
How School Boards and Local Government Officials Can Support Special Education Services
Investing in special education is not just a legal mandate—it’s a moral obligation and a sound economic strategy. When students with disabilities receive appropriate services early, they are more likely to succeed in school, need fewer intensive interventions later, graduate at higher rates, and participate more fully in the workforce and community life. That means lower costs over time for schools, healthcare systems, and public assistance programs.
What School Boards and Local Officials Can Do:
1. Prioritize Special Education in Budgeting
-
- Fully fund early intervention and specialized instruction.
- Ensure that funds earmarked for students with disabilities are used transparently and directly.
- Recognize that while upfront costs may be higher, the long-term savings are substantial. For example, the National Early Childhood Technical Assistance Center reports that every $1 spent on early intervention can save $7–$17 in later services.
2. Support Inclusive Programming and Staffing
-
- Invest in training and retaining special education teachers, aides, and service providers, who are in critically short supply nationwide.
- Fund co-teaching models, behavioral specialists, and therapeutic support staff to reduce over-reliance on restrictive settings or out-of-district placements.
3. Ensure Program Accountability
-
- Require regular reporting on student outcomes—not just compliance data.
- Include parent feedback in program evaluations.
- Ensure that Individualized Education Program (IEP) decisions are being made based on student need, not cost or staffing limitations.
4. Advance Equity and Access
-
- Address disproportionate identification and discipline of students of color and English language learners in special education.
- Fund outreach and interpretation services so all families can participate meaningfully in IEP and eligibility meetings.
5. Champion Public Understanding
-
- Use your platform to correct common myths—for instance, that students with disabilities are a “burden” or that special education “takes away” from general education.
- Emphasize that inclusive education benefits all students, academically and socially.
Failing to fund special education doesn’t save money—it shifts costs elsewhere: to juvenile justice systems, adult services, and families left to fill the gap. But when local leaders commit to early, effective, and equitable support, they foster thriving schools, healthier communities, and long-term economic resilience.
Strong special education services aren’t extra. They’re essential.
What We Do at The Parents and Children Project
At The Parents and Children Project, we are not only here to help families navigate evaluations, IEP meetings, and support plans—we are also working behind the scenes to create a broader cultural shift. Our team is in ongoing conversation with school staff, district leaders, and local elected officials. We are advocating for systems-level change while supporting individual students and families every day. What we’re finding is that most people genuinely want to do right by kids, even if they sometimes see the path differently. These conversations matter. And so does showing up, again and again, for the kids who can’t yet advocate for themselves. Know this: you are not alone. We are writing our letters, having hard conversations and yes, sometimes crying or losing our cool when it comes to our own kids. But when it comes to the betterment of other people’s children, all children we remain steadfast and laser-focused. We’ve got you.
Final Thoughts
We must stop equating educational needs with academic failure. The law does not support that view, and our students deserve better. Children are complex, whole people. Their needs cannot be reduced to report card columns and standardized test scores.
By holding space for the full range of student experiences—and honoring the law in both letter and spirit—we can create schools that are more responsive, more inclusive, and more humane.
Because every child matters. And every child deserves a chance to thrive.
Need help advocating for your child’s special education rights? We offer consultation, evaluation, and advocacy services for all families. Contact us today to get started.
This article is not intended as legal advice. I am not an attorney and cannot provide legal counsel. If you have specific legal questions about your child’s education, I recommend reaching out to a special education attorney or a legal advocacy organization in your area.
