Advocating for Your School-Aged Child

Your child's rights in determining eligibility for special education and related services:

You have the right to request in writing that your child be evaluated to determine if he or she is eligible for special education and related services. This evaluation is more than just a single test. The school must gather information from you, your child's teacher and others who would be helpful. An assessment of your child must then be conducted in all the areas that may be affected by the suspected disability

If the public school agrees that your child may have a learning disability and may need special help, the school must evaluate your child at no cost to you.

Teachers or other professionals can recommend that your child be evaluated, but the school must get your explicit written consent before any part of the evaluation is started.

If the public school system refuses to give your child an evaluation, they must explain in writing the reasons for refusal, and must also provide information about how you can challenge their decision.

All tests and interviews must be conducted in your child's native language. The evaluation process cannot discriminate against your child because he or she is not a native English speaker, has a disability or is from a different racial or cultural background.

Your child cannot be determined eligible for special education services only because of limited English proficiency or because of lack of instruction in reading or math.

You have the right to be a part of the evaluation team that decides what information is needed to determine whether your child is eligible.

You have the right to a copy of all evaluation reports and paperwork related to your child.

Once you give parental consent to the evaluation, it must occur within a specific timeframe established by the school, which varies, or within 60 days if your state had not designated a timeframe prior to July 1, 2005.

Your child's rights once determined eligible for special education and related services:

A meeting to design an Individualized Education Program (IEP) must be held within 30 days of your child being found eligible for special education services. An IEP should set reasonable learning goals for your child and state the services that the school district will provide.

You and your child have the right to participate in the development of the IEP, along with a team that will include: your child's teachers, a representative from the school administration who is qualified to recommend and supervise special programs and services as well as representatives from other agencies that may be involved in your child's transition services (if your child is age 16 or older). You can also request an advisor to help you better understand your rights and responsibilities as a parent, and request that this person be present.

Your child has a right to the least restrictive environment possible. Unless members of the IEP team can justify removal from the general education classroom, your child should receive instruction and support with classmates that do not have disabilities. Also be sure that special education services or supports are available to help your child participate in extracurricular activities such as clubs and sports.

During an IEP meeting, the IEP team will develop goals for any related services, such as occupational or speech therapy, which could help your child. Be sure the team specifies how often and for how long these services will be provided as well as in what setting the services will be provided. This team will also identify behavioral strategies to support your child's learning in school and at home.

Be sure to discuss what kind of assistive technology devices-such as speech recognition software, electronic organizers or books on tape-could help your child. Assistive technology services include evaluating your child for specific devices, providing the device and training your child to use the device. Also discuss any accommodations such as extra time and/or privacy and whether these are for all tests.

You have the right to challenge the school's decisions concerning your child. If you disagree with a decision that has been made, discuss it with the school and see if an agreement can be reached. If all efforts don't work, IDEA provides other means of protection for parents and children under the law. These other ways of settling your dispute allow parents and school personnel to resolve disagreements. Options include mediation with an impartial third person, a due process hearing or a formal hearing in a court of law.

An IEP meeting must be held once a year and comprehensive re-evaluation must be done every three years unless you and the school agree it is unnecessary. However, you may request an IEP meeting at any time.

Other tips for advocating for your child

Collect as much information as possible. Be sure to keep copies of all reports and paperwork. Also, keep a log of all the people you speak to, their phone numbers and other pertinent information, as well as the time and date of your call and the details of the conversation. After making a call, you can send a follow-up letter reminding the person of the important points, such as any information they promised to provide you or information you think should be in that person's files. Also learn as much as possible about IDEA and other laws that could help your child.

Talk to your child about school. Find out what he/she likes and dislikes and what kind of frustrations he/ she is experiencing. Understanding what your child is going through is an essential part of being an advocate.

Don't be afraid to ask questions or say no. It's important to work together with the school to plan your child's education, so make sure you know to what you are agreeing. Don't be afraid to ask for clarification, request further testing, or challenge the school's decision regarding services.

Stay level-headed. Being involved in a process where lots of people are talking about your child can be very emotional. Remember that the people involved are there to help, even if you disagree with them. You will be most helpful to your child, if you hear everyone out and express yourself calmly and specifically.

Get support from others. Talking to other parents with children who have similar difficulties may give you ideas and tips you can benefit from. It's also good to team up with other parents to bring your concerns to the school system or agencies.

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