"Can they even do that!?": Tips For When a School Refuses to Evaluate a Child for Special Ed

Facing a situation where a school declines to evaluate your child for special education services can be disheartening and confusing. But don't lose hope; you have options and rights. Here are some steps you can take when the school refuses to evaluate a child for special ed.

Being an advocate means taking time to think and learn.

1. Understand Your Rights: Under the Individuals with Disabilities Education Act (IDEA), parents have the right to request an evaluation if they suspect their child has a disability that requires special education services. If the school refuses, they must provide a written explanation for their decision. This is your starting point – understanding why the school declined and knowing your rights under the law.

2. Request a Written Explanation: If the refusal was verbal, request a formal written response. This document should outline the specific reasons for the school's decision not to evaluate. It’s not just about having a record; it's about understanding their perspective, which can be crucial in deciding your next steps.

3. Gather Documentation: Compile any relevant information that supports your request for evaluation. This could include your child’s academic records, reports from teachers, observations from you or other caregivers, and any assessments from outside professionals. This documentation will be vital if you need to challenge the school's decision.

4. Consider an Independent Educational Evaluation (IEE): If you disagree with the school's assessment or lack thereof, you have the right to seek an Independent Educational Evaluation (IEE) at public expense. While schools are not bound to accept the findings, they must consider them in any decision-making about your child's education.

5. Explore Dispute Resolution Options: If you're not satisfied with the school's response, you have several options. You can request mediation, where a neutral third party helps to resolve the dispute. Another option is filing a complaint with your state's education department or seeking a due process hearing, which is a more formal legal proceeding.

6. Seek Support and Advocacy: You don’t have to go through this alone. Seek support from local or national advocacy groups, connect with other parents who have been in similar situations, or consider consulting with a special education advocate or attorney. These resources can provide valuable guidance and support.

7. Stay Involved and Informed: Keep engaging with your child's education. Attend school meetings, stay in touch with teachers, and continue to advocate for your child’s needs. Staying informed and involved is key to ensuring that your child receives the appropriate support.

As a parent, your involvement and advocacy are critical in ensuring your child receives the education they deserve. Don't be discouraged by setbacks. Instead, use them as a catalyst to explore all avenues available to you. By understanding your rights, gathering evidence, and seeking support, you can effectively advocate for your child and ensure their educational needs are met with the respect and attention they deserve.