You have asked to have your child tested for a disability as you have noticed he/she is struggling. The school responded by stating that they prefer to wait to test children until they are a certain age or have completed some type of intervention. You feel your child should be tested now. What can you do?
The first step would be to meet with the teacher to discuss your concerns. There may be programs or accommodations to help your child available through early intervening services. These may be put in place before an evaluation or for a specific timeline while you wait for an evaluation to take place. There are no arbitrary age guidelines for evaluations. This decision should be individual and based on the needs of the child. Repeat your request in writing and , if denied, meet with your special education director to address your concerns. If the situation is still not resolved, an independent evaluation may verify your concerns. Mediation and a due process hearing are also options.
How can I get a copy of my child’s evaluation so I can be prepared for the case conference?
When you give your written permission for the evaluation, the coordinator should ask if you would like to receive a copy 5 days before the case conference or if you would like to met with school personnel that can explain the evaluation results to you 5 days prior to the conference. This does not always happen and you have the right to request either of these options at that time. This should be recorded on the permission for evaluation form.
What is Section 504? What is a 504 plan?
Section 504 is a federal law enacted to prevent discrimination on the basis of disability. The definition of “disability” is much broader than the Article 7 qualifications. This law pertains to schools along with any entity that accepts any federal funds. A 504 plan is to ensure that students with disabilities have the same opportunities as their peers. Every school should have a 504 Coordinator. A referral for a 504 plan should be made to the coordinator and be accompanied by documentation of a disability and of how it affects the student’s education. A request for a 504 plan should also be requested if a child has been evaluated and did not qualify for special education services under Article 7. Individuals familiar with the student will meet to discuss eligibility and, if eligible, develop a written plan to accommodate the student’s needs. Different or special treatment may be necessary in order to insure equal opportunity. A Section 504 fact sheet is available at: http://www.hhs.gov/ocr/civilrights/resources/factsheets/504.pdf Why is the IEP so important?
The IEP is a written plan that is developed to provide an appropriate and individualized program for each student with a disability. It is specific in all areas of service for the student including the special education program, related services and how the student will access the general education programs and environments. This includes educational, nonacademic and extracurricular activities. Once the IEP is agreed upon, all services must be provided as written. The IEP is the basis for the student’s school career.
When I attend case conferences, I feel intimidated by the professionals and feel that I am not actually a part of the committee.
It is important to try to not be intimidated when it is your child that is being discussed. You are the parent, you do know your child best and you do have important information to share. All you have to share needs to be taken into consideration when making decisions about your child’s program and future. Remind yourself each time you have contact with school personnel that you are an involved, caring and knowledgeable parent and it is important to be involved, as well as your responsibility to be an advocate for your child. When you enter the conference room, show you are prepared, make friendly eye contact and introduce yourself, if necessary. When you present yourself as part of the team it is easier to be accepted by others in the same way. You have the right to bring a friend, advocate or someone to give you support. It is courteous to let the school know who you are asking to attend as they do need to let you know who they intend to have at the meeting also. NEVER consider yourself “just a parent”!
How do I know what special education services are available and what is appropriate for me to request?
Each child is unique and will have unique needs. Law requires that the program must be appropriate for the individual child. It is appropriate for you to request whatever you feel your child needs to benefit from his or her education. There is a list of Related Services available in Article 7, pages 93 through 98. This list in non-exhaustive and your child may also have other needs that may need to be considered. There should always be someone attending the case conference that knows what is available, knows about the school’s resources, knows about the general education programs and is qualified to either provide or supervise special instruction and has the authority to provide those resources. | 
