Your child was evaluated, and the school denied services. The decision may be upsetting, but how can you get the help your child needs? What are your options?
If your school/district denies special education services to your child, they are required to provide a written explanation for its decision. This written explanation can be found in the Prior Written Notice and within the Non-Eligibility Determination document. Furthermore, the school must supply you with a copy of the evaluation report and assessment summaries. Additionally, it must inform you of the process to appeal its decision as stated in the Parent Rights and Responsibilities in Special Education: Notice of Procedural Safeguards booklet, which should be offered to you, or emailed to you, at or after every meeting.
Take the time to thoroughly read the school’s explanation. If you find any part of their reasoning unclear, you have the legal right to request clarification. This can be as straightforward as making a phone call to the school or district special education department. For a more detailed discussion, consider requesting an in-person meeting with district staff.
If your child struggles with school due to a disability or a suspected disability, the team should consider the student’s eligibility for a 504 plan. For more information on the differences between a 504 Plan and IEP, see my Blog 504 Plan Explained.
If you disagree with any of the school’s specific assessments involved in the special education evaluation of your child, you might consider pursuing an Independent Educational Evaluation (IEE). An IEE can take place if you feel that one or any of the assessments given to your child is inaccurate. An IEE is paid for at the district’s expense and is performed by a qualified professional who is not affiliated with the school. When a parent requests an IEE on an assessment previously completed, the school district can either provide a list of suggested outside professionals to independetly test you child, or they can decide to go to due process and argue in front of a Hearing Officer to deny the IEE. The district cannot simply say “no” to the request for an IEE.
These days, many businesses and other groups provide out-of-school programs for children who are struggling in school. Look up local learning centers in your area. Ask other parents about their experiences. Consider whether it makes sense to use a personal tutor for your child. In most cases, you have to pay for these services.
The school may offer programs for students who are struggling but do not qualify for an Individualized Education Plan (IEP) or a 504 plan. These programs can include tutoring, peer mentoring, or tiered interventions. It’s important to inquire about the additional resources your school provides for students facing difficulties.
The Individuals with Disabilities Education Act (IDEA) mandates that every state establish a Parent Training and Information Center (PTI). The primary objective of these centers is to equip parents with the necessary skills and information to effectively collaborate with schools that offer special education services. PTIs often provide resources such as libraries, support groups, and additional materials. The staff at these centers can also address specific inquiries regarding the special education regulations in your state.
You can also call your state’s Department of Education – Special Education Department. You can ask them questions regarding laws and responsibilities as well as receive guidance as to the next steps that are available to you.
As a Special Education Advocate, I assist parents in navigating the complexities of the special education system. The evaluation process for children with learning, thinking, and accessibility differences can be intricate and confusing.
I can help you understand your options and negotiate a solution with the school.
Get in touch for a free initial 15-minute consultation!
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