Did you know that in the 2021–2022 school year, approximately 7.3 million students (about twice the population of Oklahoma) in the U.S. received special education services? That’s a big number, right? But for a lot of families, getting all that support starts with making a parent request for a special education evaluation.
Getting an evaluation can be a bit scary if you think your child might need extra help at school as an education lawyer understands. Worry no more. Read on to learn what I have for you through this whole guide breaking down the process and yours and your child’s rights as a parent, so you know exactly what to expect.
How To Request A Special Education Evaluation
If you suspect your child might need special education services, the first thing you need to do is request an evaluation. It’s not as complicated as it sounds, just a simple written request to your child’s school can start the process as our friends at K Altman Law can explain.
1. Prepare A Formal Application
To apply for an evaluation, you need to write to your child’s school. It is essential, therefore, that the application be made in writing to have a record to retain for the information about your concern. Explain clearly what you are seeing whether your child has a problem with reading identified with behavioral problems or cannot reach others.
Tip: Don’t just hand over the letter and assume everything will be alright. Make a copy and document when you deliver it to the school. You never know when evidence might come in handy, right?
2. The School’s Response
There usually is a response time upon receiving such a letter from the school. The time varies among states, but the average time for response is 15 days. During this time, the school reviews your concerns and makes a decision that an evaluation is necessary.
If they decide to conduct an evaluation, they will require your written consent before they take any action. If they decide that an evaluation is inappropriate, they need to provide you with a written statement that explains the reason for their decision.
What To Expect During An Evaluation
What occurs after the school consents to review or discuss whether your child should be evaluated? It’s a fact-finding process to determine whether your child is eligible to receive special education.
1. Team Process
An assessment is not a single test or observation. Rather, it is a group of professionals: teachers, psychologists, speech therapists, and more, depending on what your child needs. The team will see your child for many aspects, they will assess his or her cognitive ability, skills that are academic in nature, and even his or her interaction with other people.
2. Evaluation Timeline
In general, the school will have around 60 calendar days to complete the evaluation after consent is given. There will be tests, as well as observations of the child, and information gathered from your child’s teachers and others that regularly have a working relationship with your child.
3. Post Assessment
Once the evaluation has been conducted, the school will hold a meeting with you to review the results of the evaluation. This is often where you find out whether or not your child will qualify for special education services; if this is the case, what the exact type of service(s) your child will be receiving. You may often hear this referred to as an IEP, or Individualized Education Program meeting, if your child qualifies for services.
Your Rights As A Parent
As a parent, you have a number of rights that occur in this process. It is important for you to know these rights so that you can fully advocate for your child at each turn.
1. Right To Request An Evaluation At Any Time
You do not have to wait for the school to suggest that they bring the child in for an evaluation. If you think your child is not what they are presented as, then, at any time, you may request an evaluation. Do not think twice about asking for your child to be evaluated if you feel that they need it; this is within your rights.
2. Right To Give (Or Refuse) Permission
Without your permission, nothing happens. That is, before an evaluation is conducted, the school should first obtain a written consent coming from you. And in case you do not agree, you are still capable of withdrawing your consent. You may withdraw it anytime if you change your mind.
3. Right To An Independent Educational Evaluation (IEE)
For example, if you don’t like what the school says about your child’s evaluation, you can appeal for an Independent Educational Evaluation or an IEE. That means a professional from outside the school district will evaluate your child, and in some circumstances, the school must pay for it. You don’t have to take what the school says if it doesn’t feel right.
4. Right to Attend Meetings
You have the right to be present at any meeting regarding your child’s evaluation and service. That is your opportunity to raise questions, give your observations, and ensure that everyone in the team understands your child. Do not fear questioning-speak; you know your child better than anyone else.
5. Right To Disagree
However, in case you do not think that the school has made the right decision concerning your child, you can still contest the case. For example, you can opt for mediation or file a complaint or hear the process from a due hearing-all to determine that your child’s needs are met.
What Happens When The Child Is Eligible?
If your child is deemed eligible by an evaluation, the natural course of action would be for the school to draft an Individualized Education Program, or IEP. This basically determines what goals and objectives should be set for your child, the services that they will get, and how you will be able to track how they move along in these goals.
The meetings between the school and yourself will be ongoing with regards to updating and reviewing when necessary.
What If The Child Is Not Eligible?
IDEA does not automatically qualify all children for special education, but that doesn’t mean there’s no hope. There’s still a 504 Plan which can include specific accommodations to help them thrive in class if your child is not qualified.
You and the school can work with each other to figure out what else is available, even if your child doesn’t qualify for special education.
Requesting an evaluation for special education can seem like a dramatic step, but it is an important one if you feel your child may benefit from special education services. Knowing your rights, and also familiarizing yourself with the process, will arm you with the tools you’ll need to support your child to get what she needs. Contact a lawyer for more information if you need support through this process.
