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sonulik
sonulik asks:
Q:

I disagree that my 10 yr old son has a learning disability.

He was referred to a student success team meeting by his teacher because he is behind. Do I have a right to not let him take a special education evaluation test or even if he is diagnosed with a disability, do I have a right not giving a consent for transferring him to a special education program? I signed him into a homework club, I help him with his homeworks on a daily basis, he is doing a progress, but very slow. I just dont trust his teacher and I think he is descriminating against him.
In Topics: My Relationship with my child's school, Learning disabilities, Special education
> 60 days ago

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Expert

Louiseasl
Sep 29, 2012
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What the Expert Says:

Hello and thank you for writing to JustAsk!

I can sense that there may be some history behind this question.  The best way I know how to answer this is to give you some resources to help you make informed decisions.  Keep in mind that days of traditional "special education" are long gone and that much help is given through assistive technology and guidance within the classroom.  

To understand the process and parental rights you can read here:

http://www.WrightsLaw.com

For help to understand the current information about special education (which has changed so in recent years) and  more about Learning Disabilities / related challenges with academic attainment you may wish to read here:
 
http://www.ncld.org/types-learning-disabilities/what-is-ld?
gclid=CKPc2pyz27ICFQioPAod_moA1A


To learn about the testing process go here:  http://www.Nasponline.org  (pick parent tab)

I hope this helps you.

Louise Sattler, Psychologist

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Additional Answers (4)

jmangram
jmangram writes:
Yes you do have a right to refuse the evaluation and a right to refuse special services. But they should not transfer him to a program, they should provide the services he needs in his regular education classroom. If you disagree with the evaluation the diagnostician gives him, then you have a right to seek a private diagnosis. IF you do decide to get him evaluated and they write his IEP then you have the right to stop services if you feel they are not benefiting him or ask for more services if you think he is not getting enough.

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phigginson46
phigginson46 writes:
Yes, you have the right to refuse testing or placement in a special education program.  Ask your schools Special Education coordinator or principal for a copy of your  "Parents Rights" in regards to special education.  It is a lengthy document, but should provide you much needed information.
> 60 days ago

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SaraAugustini
SaraAugustini writes:
Sonulik,
   I would like to say to you that you have many rights but have him tested to see why he is behind. It could be something simple or it could be something that requires extra help. As for not allowing him to go into a special ed. program I am not sure about your state laws. Here in Texas and NY that would be considered child neglect and you could be reported. I would say have him tested and see what the evaluation shows, it just means that you are a concerned parent and want to know what is going on with your son. They may just get him some extra tutoring or just time with a specialist for the one area he is delayed in. I know how you feel, my son was diagnosed with autism and that was the hardest thing for me to hear, but in the end it was the best thing to know. I now understand how to approach him with teaching him. I hope that you get the answers you are looking for when it comes to his delay.

Best Wishes
> 60 days ago

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Sivasubramanyam1016
Sivasubrama... writes:
Every child is born intelligent. (Few are by birth have retard intelligence.)
Present educational system is such that they are busy in producing certificate holders, not having time to identify weak area of student, it can be a problem with wrong teaching technique. I am running a coaching center where I came across many made duller by schools. I wondered that they are not technically taught from the core of the subject. I took initiative and elevated the child to above average standards. I can assure and authenticate the student if brought to my presence. All the schools are not up to the rank.
> 60 days ago

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