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Before your child can receive special education services, a determination of "eligibility" must be made. There are two criteria that must be met: first, the child must have a disabling condition and second, the disabling condition must have an impact on his educational performance. 

Disabling conditions include: 

- Mental Retardation
- Hearing Impairments
- Speech or Language Impairments
- Visual Impairments
- Serious Emotional Disturbance 
- Orthopedic Impairments
- Autism
- Traumatic Brain Injury
- Specific Learning Disabilities 
- Other Health Impairments
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State regulations outline the evaluation procedure and the criteria for determining eligibility. These state regulations can be viewed by clicking on the area of disability with which you are concerned.


Under Alabama law, a team of qualified professionals, including the parent, make the eligiblity determination. A written report will be made by the team at the time the determination of eligibility is made. The eligibility report contains a wealth of information about your child and you should ask to receive a copy of that report.

If the team decides your child is not eligible for services you can challenge that decision through a due process hearing. You will be required to present evidence in support of your contention that the child is eligible. An independent evaluation by non-school personnel may be required.

About Susan Shirock DePaola

Susan Shirock DePaola is an attorney in Montgomery, Alabama who served for 10 years as a hearing officer for special education cases. In other words, Ms. DePaola decided special education cases like yours! She began serving as a lawyer representing parents and children in 1999.

She has a doctorate in elementary education and 10 years experience as a teacher and an administrator in public and private schools.

She has been practicing law since 1982 and has served as a consultant with the Southeastern Regional Resource Center, the Mississippi State Department of Education, the Virgin Islands Dept. of Education and she has taught special education law at the University of Alabama.

Her perspective is unique. With legal experience, classroom experience and her experience as a school administrator she can look at all of the facets of a problem.

As a parent of a student with a disability your case will receive close scrutiny and you will not be urged to file for a due process hearing unless Dr. DePaola is convinced that your case has merit. Any other approach simply creates bad feelings between the school system and parents.

The best case scenario is for parents and school system personnel to understand that we are trying to work together even though we may have disagreements at times which require outside resolution. Having a lawyer representing you does not necessarily mean a hostile relationship between the school system and you! Look for a lawyer to assist you who believes that it is a part of his or her responsibility to preserve your good relationship with school personnel.


Click here for Dr. DePaola's resume.

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Susan S. DePaola, Attorney
Montgomery, Alabama
Specializing in Special Education for Children with Disabilities
http://specialeducationattorney.com