Tip 1

What rights does my child have under IDEA?

1. Know Your Rights under the IDEA

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities receive a Free Appropriate Public Education (FAPE). This law not only outlines the provisions for a free education but also the process for special education eligibility, including evaluations. Understanding your legal rights is the first step in advocating for your child.

Under the IDEA, students with disabilities have the right to a public education that meets their unique needs. This includes individualized services that are designed to help the child make progress in the general education curriculum. The core principles of the IDEA include:

• Zero Reject: Schools must educate all children with disabilities.
• Nondiscriminatory Evaluation: Schools must use a variety of assessment tools to gather information about your child's educational needs.
• Free Appropriate Public Education (FAPE): Your child has the right to receive special education services at no cost to you.
• Least Restrictive Environment (LRE): To the maximum extent appropriate, children with disabilities should be educated with children who are not disabled.
• Procedural Safeguards: Parents have specific rights, including the right to due process if they disagree with the school's decisions.

Tip 2

How do I request a special education evaluation?

2. Request an Evaluation

If you suspect your child has a disability that may require special education services, you can request an evaluation. This is often the first step in the process. Make a written request to your child's school, and they must respond within a specific time frame, usually 10 calendar days. Once a request is made and parents give permission for the evaluation, a school district has 60 days to complete the evaluation.

It's essential to know that you don't have to wait for the school to suggest an evaluation. If you, as a parent or guardian, suspect that your child may have a disability, you can initiate the process. The school is legally obligated to respond promptly to your request and move forward with the evaluation.

Tip 3

Who evaluates my child, and what do they look at?

3. Evaluation Team and Process

Once you've requested an evaluation, a team of professionals, including school staff, will assess your child's needs. This is where the IEP team comes into play. The team may include a school psychologist, special education teacher, regular education teacher, and other relevant professionals. They use a variety of assessment tools, including test results, to gather information about your child's educational needs.

These evaluations can encompass various aspects of your child's learning, including their cognitive, emotional, and physical development. The team will consider not just test scores but also your child's classroom behavior, performance on assignments, and feedback from teachers.

Tip 4

What if I disagree with the school's evaluation?

4. Independent Educational Evaluation (IEE)

What if I disagree with the educational evaluation the school has completed for my child? If you disagree with the evaluation results conducted by the school, you have the right to request an independent educational evaluation (IEE) at public expense. This means that the evaluation will be conducted by an independent assessor, not employed by the school system. Understanding when and how to request an IEE is crucial for ensuring your child's needs are adequately addressed.

It's important to note that the school is not obligated to provide an independent evaluation at public expense unless certain conditions are met. However, they must consider your request and respond within a reasonable timeframe. If the school refuses to fund the IEE, they must initiate a due process hearing to demonstrate the validity of their evaluation.

Tip 5

How does the school decide if my child is eligible for special education?

5. Eligibility Determination

After the evaluation, the IEP team will meet to determine whether your child is eligible for special education services. They will assess the evaluation results, your child's present levels of performance, and the impact of the disability on their ability to access the general education curriculum. This meeting is the eligibility determination step.

During this meeting, the team will review all the gathered data, including test results and reports from professionals involved in the evaluation. They will also consider your input as the parent or guardian. The purpose of this step is to decide whether your child's needs cannot be met through general education alone and if they require specialized services and support.

Tip 6

What happens after my child is found eligible?

6. Individualized Education Program (IEP)

If your child is found eligible, the IEP team will work with you to develop an Individualized Education Program (IEP). This written document outlines the specific educational services and supports your child will receive, including annual goals tailored to their needs.

The IEP is a highly individualized plan that is to be focused on your child's unique strengths and weaknesses. It's designed to provide the necessary support to help your child succeed academically. This plan will detail the services, accommodations, and modifications your child will receive, as well as the timeline for achieving their goals.

Tip 7

What kinds of special education services can my child get?

7. Special Education Services

Once your child's eligibility is determined, they have the right to receive special education services that meet their specific needs. These services should be designed to help your child make progress in the general education curriculum, given their disability.

Special education services can take various forms, depending on the child's specific needs. It could involve additional one-on-one support from a special education teacher, speech therapy, occupational therapy, assistive technology, or other interventions that are tailored to address the child's unique learning challenges.

Tip 8

What are procedural safeguards?

8. Procedural Safeguards

It's essential to know your procedural safeguards as a parent of a child with special needs. These safeguards protect your child's rights and include the right to due process if you disagree with the school's decisions. This process can involve an impartial hearing and ensures that your child's needs are addressed fairly.

Procedural safeguards are in place to ensure that your child's rights are protected throughout the evaluation and IEP process. They provide a mechanism for parents to resolve disputes with the school system. This includes the right to an impartial hearing if you disagree with the school's decisions regarding your child's eligibility, evaluation results, or the content of the IEP.

Tip 9

How can I stay involved during the evaluation process?

9. Stay Informed and Engaged

Throughout the special education evaluation process, keep communication lines open with the school personnel involved. Attend the IEP meetings and stay engaged in your child's education. Providing feedback and additional information about your child's needs is critical for their success.

Participating in IEP meetings is not just a formality; it's an opportunity for you to actively contribute to the planning and implementation of your child's education. Be prepared to ask questions, express your concerns, and advocate for the services and accommodations you believe will best support your child. Remember, the school values your input as an essential part of the IEP team.

Quick answers

Questions parents ask most

Do I have to wait for the school to suggest an evaluation?

No. If you think your child may have a disability, you can start the process yourself with a written request, and the school is legally obligated to respond.

Who pays for an independent educational evaluation?

You can request one at public expense. The school doesn't have to pay unless certain conditions are met, but it must consider your request, and if it refuses to fund the IEE it must start a due process hearing to defend its own evaluation.

What does FAPE mean?

Free Appropriate Public Education. Under IDEA, your child has the right to special education services that meet their needs, at no cost to you.

What is the least restrictive environment?

It means that, to the maximum extent appropriate, children with disabilities are educated alongside children who are not disabled.

Getting support

Have an evaluation coming up?

Understanding the terms and steps involved in the special education evaluation process is crucial for ensuring that your child receives the best education possible. By knowing your rights, participating in the process, and advocating for your child, you can help them reach their full potential. Remember, every child has the right to a Free Appropriate Public Education (FAPE), and it's your role as a parent to make sure

About the author. Kelly Berstecher is the founder and senior special education advocate at Nexus Education Services. A former special education teacher, professional consultant and trainer, and COPAA member, Kelly helps Pennsylvania families and professionals navigate complex special education decisions. More about Kelly →