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A Victory for Parents in Washington State: More Time To Review Special Education Eligibility Assessments

Posted by Joseph D. Lento | Apr 21, 2026 | 0 Comments

Rachelle Miller, a Spokane mom of two, was baffled when her son's school district determined he was ineligible for special needs services before she'd had a chance to review his eligibility evaluation report. Parents have a crucial role to play in making sure their kids get the education that's right for them, she points out, but they can't if families and schools aren't working with the same information.

Determined to find a solution, Miller turned to the Washington state legislature, armed with solid research and pragmatic ideas. Lawmakers on both sides of the aisle agreed with her arguments, and Miller and her husband shared the podium with the state's governor when he signed a new bill addressing the issue into law. Going forward, parents will have at least five days to review their child's eligibility assessment and the opportunity to meet with school officials to discuss it.

School districts in Washington that make a determination about a child's needs without allowing for parental review first will be in violation of the new mandate. The LLF National Law Firm's Education Law Team can help shepherd parents' dealings with the school — whether they're in Washington or anywhere in the U.S. — to resolve the oversight, and will escalate the matter through the district and state levels as needed to ensure parents have input into their child's education. Call us today at 888-535-3686 or send us a message online and tell us about your case.

Omitting Parental Review Can Set Children Back

The Individuals with Disabilities Education Act (IDEA) guarantees children with disabilities a free public education and requires schools to assess students for eligibility. IDEA also specifies that parents should be allowed to review the assessment and discuss it with administrators, but it does not clarify that parents should have enough time to read the report, consult whatever resources they need to fully comprehend it, and consider all its implications.

Families nationwide have complained for years that this omission means they're not able to ask informed questions about complex, high-stakes documents that can cover a range of data, including:

  • their child's grades and test scores
  • feedback and observations from their child's teachers
  • medical records, including psychological evaluations

In many cases, parents don't even see the report until they're sitting down with school officials to discuss it.

These assessment reports inform and shape eligibility determinations, Individualized Education Programs (IEPs), and accommodations. If they haven't fully processed the report, parents could inadvertently agree to plans that aren't, in the long run, in their child's best interests.

Advocating for Your Child's Education

Thanks to the herculean efforts of one Spokane mom, Washington has a new law (HB 2557) that will ensure that parents and schools can work together as partners in a child's education. When Washington families aren't given the five days they've been promised to review an assessment, the LLF National Law Firm's Education Law Team can help bring the school back into compliance.

Families outside Washington state might not have useful new laws in the books to appeal to, but they're not without recourse. Parents need to play a role in their children's education, as Ms. Miller points out — and the Education Law Team agrees. Contact us so we can get to work protecting your child's future: call 888-535-3686 or send us a message online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the LLF National Law Firm today, and let us help secure your academic career.

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