Does your child need special education services?
How do you know if your child needs special education services? In my own experience with my child, it became clear almost immediately that she was not able to adapt to the expectations of her preschool classroom. She was shutting down and refusing to engage with teachers, not getting along with her peers despite having always been very sociable, struggling to maintain attention for any activities beyond a minute or two and overall not adjusting to the expected routine.
With older children you might notice that their grades have suddenly plummeted, they are repeatedly seeking to stay home from school for a variety of reasons and/or have been having unusual behavioral outbursts in the classroom. In other instances, you may describe some recent behaviors your child has exhibited during a routine check up and the pediatrician might suggest that you have an evaluation conducted by a private specialist. These evaluations seek to assess for possible learning disabilities or other impairments that could be impacting your child’s performance in school, which in some instances can result in a diagnosis confirming the need for educational supports.
First of all, it is important to remember that you are not alone. In the era of the internet and social media it is quicker and easier than ever to find local support groups composed of families going through similar situations. These groups are a wealth of knowledge, resources, support and companionship.
Requesting that your child receive an evaluation for special education services is very straightforward. To do so, you simply contact the principal, relevant school personnel or the school’s administrator for special education and request an evaluation to determine your child’s eligibility. This request should always be made in writing. Once the request has been received, the district has five school days to contact you in order to receive your written permission to begin the evaluation. It’s important to remember that the school cannot begin conducting assessments without your written consent, so as soon as you receive the consent form you should sign and return it to the address provided (and always keep a copy for your own records).
There are some important, legally mandated timelines to keep in mind once you begin this process. The school must complete the evaluations within 30 school days of the parent’s written consent and within 45 school days a team meeting must occur to discuss the evaluations, determine eligibility and complete a formal service plan (i.e. Individual Education Program (IEP)) or accommodation plan (i.e. 504 Plan) for an eligible student – both of which will be compared and explained further in a separate post. You have a right to receive the special education evaluation reports two days prior to the team meeting but must alert the school that you would like copies to review in advance. These reports can be quite detailed so it is important to remember to request copies prior to the meeting in order to ensure that you are prepared to ask any relevant questions or express concerns with the evaluators’ findings.
The team will use these evaluations as the basis of their discussion in determining if your child is eligible for special education services. Remember that you are also a member of this team and your insights into your child’s strengths, weaknesses and needs are an invaluable source of data and important contribution to the process. If your child is found eligible, they will also use these results to develop the IEP, which will outline specific services and supports believed necessary to enable your child to access the academic curriculum.
If your child is found not eligible for special education services you will receive a notice from the school that details the reasons for the denial, as well as a notice that specifies your rights. If you disagree with the decision you have a right to appeal. The best option in the case where you disagree is to first notify the school and schedule a meeting with the special education administrator to discuss your concerns regarding your child’s needs and attempt to reach an agreement that is satisfactory to both sides. Especially if you have other children in the same district it is always best to maintain a good, positive relationship with school personnel. In the event that this does not resolve the matter, you have options available to you, including:
Problem Resolution System (PRS): administered by the office of Program Quality Assurance (PQA) at the Dept. of Education. Parents can call PQA to ask a question regarding the laws relevant to a specific concern and/or file a written complaint.
Bureau of Special Education Appeals (BSEA): an independent organization with the Massachusetts Department of Education that conducts mediations, due process hearings and issues advisory opinions to resolve disputes between parents and school districts.
Remember, the system is flawed and confusing (and overall not designed in favor of parents), so do not become discouraged if you are struggling at any or all stages of the process. Reach out to an experienced special education attorney or advocate to advise you as to whether your situation merits taking the next step to seek resolution through the legal channels your state makes available to parents.
And if you belong to or have knowledge of a wonderful special education parents support group or an experienced advocate, please share the name in the comments or drop me an email or message on instagram. I am always adding to my list of resources with the intention to share it so that other parents in a similar position can find a safe space to channel and process what can be a difficult, but ultimately very rewarding road to obtaining the necessary educational services for their child with special needs.