Special education needs can be challenging to identify and navigate, both for parents and educational institutions. But you don't have to navigate the complexities alone. Whether you're an educator, a concerned parent, or a guardian, knowing the rights and responsibilities around Individualized Education Programs (IEP) is invaluable.

The Legal Background: A Federal Mandate

Public and charter schools must follow federal laws requiring the proper evaluation of children who may need special education. These laws are designed to make sure that children with special needs receive the support and services they require.

The Individuals with Disabilities Education Act (IDEA) is one of the main federal laws. It mandates that public and charter schools identify and assess children for a multitude of special education classifications that can range from cognitive and academic struggles to physical therapy needs.

Recognition and Referral: The School's Responsibility

School staff are trained to recognize the signs of developmental, behavioral, social, and emotional challenges and identify potential special needs. Identifying needs as early as possible helps ensure timely intervention and support.

If a child is “reasonably suspected” to have a disability, the school's required to refer the student for a comprehensive evaluation. This process assesses the child's strengths, weaknesses, and specific needs in order to craft an appropriate Individualized Education Program (IEP).

Parental Rights: Taking the Initiative

Parents or guardians often play a critical role in noticing potential disabilities in their child. Frequently, parents end up advocating for their child—one way to do this is to request a special education evaluation. It's possible to request this verbally, but we recommend that you put it in writing. Why? Because it gives the parent a written record in case, there's ever a potential dispute.

Response and Evaluation: The School's Options

Once a parent or guardian makes this request, schools have two choices:

They can agree to the request and issue a consent form for evaluation. The consent form is absolutely necessary for the parent to sign in order for the process to move forward.

Or, they may deny the request and provide a Prior Written Notice (PWN) that outlines the reasons for the denial. Often this will include information on a parent's right to dispute the decision.

Due Process and Mediation: What If the Request Is Denied?

If the school denies a request for an evaluation, parents or guardians can challenge this decision. This might involve mediation or a formal due process hearing. Legal representation is often recommended at this stage.

National Special Education Attorneys Can Help

The process of obtaining an IEP evaluation can be confusing and daunting. However, it's essential for every child's well-being and development.
The Lento Law Firm Team is highly knowledgeable in Education Law and understands the federal IDEA regulations that mandate schools to cater to the needs of every student. For assistance, contact us online or call 888-535-3686.