Getting your child evaluated for special education is a process. And you and your child have legal rights every step of the way. Here are 11 legal rights to know if you’re thinking about having your child evaluated:
You can request an evaluation at any time. Your child’s teacher or other school personnel can also recommend that your child be evaluated for services. Evaluations are covered under the federal special education law. This law is called the Individuals with Disabilities Education Act (IDEA).
Your child’s school has to respond to your request within a certain number of days. (The time frame varies from state to state.) The school has to explain in writing why it denied or accepted your request, and what other options it considered. The school also has to tell you how to find more information about IDEA.
In most cases, the school can’t do an evaluation without your consent. You must be fully informed, understand the process, and agree to it in writing. This is known as informed consent. At any time, you can change your mind and withdraw your consent.
Once the school agrees to evaluate your child, IDEA requires they do it within 60 calendar days. But if your state law has a different time frame, that’s the one that’s used.
It’s not enough for the school to use one test or measure to determine if your child has a learning disability . The school must include a variety of tests and data collected from you and your child’s teachers. The goal of a multidisciplinary evaluation is to get a full picture of your child’s functional, developmental, and academic abilities.
An evaluation can’t discriminate against kids based on their race, culture, or language. Tests and procedures must be done in a child’s native language (unless it clearly isn’t possible to do so). This could be a foreign language, sign language, Braille, or a communication technology.
As a parent or guardian, you are a member of the IEP team. You know your child best; your input is invaluable in the evaluation process. The team must also include a general education teacher and a specialist qualified to do the testing for the evaluation. You’re entitled to a copy of the evaluation report and supporting documents at no cost.
There are 13 disabilities listed in IDEA. If your child has one or more of these disabilities and needs special education and related services , the school must provide those services.
If your child’s school won’t do an evaluation, you can file a due process or state complaint to try to get one. If you disagree with the results of an evaluation, you can use due process to try to make the school redo some or all of it.
If you disagree with the results of a school evaluation, you’re entitled to get an independent educational evaluation (IEE). This is done by an outside specialist, but you can request that the school pay for it. If the school feels that an IEE isn’t needed, it can start a due process hearing to show why. You can also pay for an IEE on your own, but it can be very expensive.
If your child already has an Individualized Education Program (IEP), the school typically must reevaluate your child at least every three years. You can request a reevaluation more often (but not more than once a year). The school must have your consent to do new testing but not to review existing data on your child.
