Parents are their children’s biggest supporters and strongest advocates. You want the best for your child, especially when it comes to their education.
You also know your child better than anyone else. When you receive a special education services evaluation report from your school district, you may feel that it doesn’t fully reflect your child’s needs or that some key areas were overlooked. Fortunately, you have options if you disagree with the school’s evaluation results.
Your rights in California
Both federal law (the Individual with Disabilities Education Act) and California law provide children with disabilities with legal rights, including the right to:
- Receive prior written notice (PWN) in your native language whenever your child’s school proposes or refuses an action, such as an evaluation, eligibility determination or placement.
- Inspect and review educational records.
- Request an Independent Educational Evaluation (IEE), paid for by the school district. If the school refuses to pay for the IEE, they must file for a due process hearing to prove their evaluation was correct.
- Use alternative dispute resolution, such as mediation, to resolve the disagreement.
There are several reasons why you may feel the school’s evaluation doesn’t fully reflect your child’s needs, such as the following:
- The evaluation didn’t cover all the areas you were expecting.
- You feel the results are inaccurate or incomplete.
- You think your child qualifies for services, but the eligibility decision says they don’t.
Carefully review the evaluation report, including the tests used and the areas assessed. Document any concerns you have, such as missing areas, questionable interpretation or lack of parents’ input. Contact the school to request a meeting to discuss the evaluation. You can also ask for an additional assessment if you believe a required area was omitted.
If you aren’t making any progress with the school, or if you find yourself in disagreement, you will likely want to send a written request to them stating that you disagree with the school’s evaluation and requesting an IEE. You are not required to give them a reason for your request.
It’s essential to remember that you don’t need to go through the IEE process alone. Experienced legal guidance can help you get the services you need for your child.