Understanding Your Rights
Under the Individuals with Disabilities Education Act (IDEA), parents have specific rights when it comes to their child's education, including the right to disagree with evaluation results. Evaluations are critical as they determine eligibility for special education services and help shape the Individualized Education Program (IEP).
What to Do If You Disagree
If you disagree with the evaluation results, you have several options. You can request a meeting with the school to discuss your concerns, ask for a reevaluation, or seek an Independent Educational Evaluation (IEE) at public expense.
Requesting an Independent Educational Evaluation
An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the school district. If you disagree with the school's evaluation, you can request an IEE at the school district's expense. The district must either agree to the IEE or initiate a due process hearing to show that its evaluation is appropriate.
Timelines and Procedures
The timelines for requesting an IEE or a reevaluation can vary by state. It is important to review your state's procedural safeguards notice to understand the specific timelines and procedures that apply to your situation.
Preparing for a Meeting
Before meeting with the school to discuss your disagreement, gather all relevant documents, including the evaluation report, your child's IEP, and any other assessments or reports. Prepare a list of questions and concerns you want to address during the meeting.
Seeking Legal Advice
While this article provides educational information, it is not a substitute for legal advice. If you are considering legal action or need detailed guidance, you may want to consult with a special education attorney or advocate who can provide advice specific to your situation.
Practical tips
- Review the evaluation report thoroughly and take notes on areas of disagreement.
- Request a meeting with the school to discuss your concerns about the evaluation results.
- Consider requesting an Independent Educational Evaluation (IEE) if you believe the school's evaluation is inaccurate.
- Keep detailed records of all communications with the school regarding the evaluation.
- Familiarize yourself with your state's procedural safeguards notice to understand your rights and timelines.
Common mistakes to avoid
- Not reviewing the evaluation report thoroughly before meeting with the school.
- Failing to document communications with the school about the evaluation.
- Waiting too long to request an Independent Educational Evaluation (IEE).
- Assuming that the school's evaluation is final and cannot be challenged.
Frequently asked questions
- What is an Independent Educational Evaluation (IEE)?
- An IEE is an evaluation conducted by a qualified examiner not employed by the school district, which parents can request if they disagree with the school's evaluation.
- Who pays for the Independent Educational Evaluation?
- If you request an IEE at public expense, the school district must either pay for it or initiate a due process hearing to prove their evaluation is appropriate.
- How do I request a reevaluation?
- You can request a reevaluation by writing a formal letter to the school outlining your concerns and reasons for the request.
- What should I bring to a meeting with the school?
- Bring the evaluation report, your child's IEP, any additional assessments, and a list of questions or concerns you want to discuss.
- Can I get legal help if I disagree with the evaluation?
- Yes, consulting with a special education attorney or advocate can provide guidance specific to your situation.