Section 504 of the Rehabilitation Act of 1973 grants parents the right to request a professional evaluation when they suspect their child may have special needs. The evaluation is provided at no cost and should be conducted by a group of teachers and therapists who specialize in the area of concern. Request an evaluation for your student by speaking with her principal or by sending a written request to her school. When school employees suspect a disability, they must obtain written permission from parents before conducting an evaluation. According to the Department of Education website, when parents refuse an evaluation, the school may request a due-process hearing to override their decision. Schools use evaluations to determine whether students qualify for special education. If you disagree with your child's evaluation, you may arrange an alternative private evaluation, which school officials must consider so long as it is conducted by qualified professionals. You may request re-evaluation for a student receiving special education any time you think his abilities have changed. Routine re-evaluations occur every three years.
Under the Individuals With Disabilities Education Act (IDEA), parents have the right to work with special education teachers and therapists to develop an Individualized Education Plan (IEP). The IEP defines educational and developmental goals and implements a time line for meeting them. Your student's evaluation serves as the foundation on which his IEP will be structured. If you disagree with the evaluation, you may not request that parts of it be disregarded when writing the IEP. Instead, request a second opinion before developing the IEP. Revisions and updates are made to the IEP when your child is re-evaluated and at annual meetings between you and your child's educational team.
Part of the IEP outlines a placement plan for the student. Under IDEA, parents must be given details of the plan, and they should act as active participants in developing it. There is no standard approach to placement, since every child is different. Make sure your child's individual strengths and areas for improvement are considered. Decide whether you want your child to learn in a traditional classroom, a special education classroom or a combination. If she requires one-on-one time with therapists, determine scheduling with her educational team. She may need extra help from a teaching aide, or devices to assist with hearing difficulty or language delay. The school should provide these tools. Since you spend a significant amount of time with your child, observe his progress once he is placed and request changes when necessary.
Schools that receive funding from the U.S. Department of Education must comply with the Family Educational Rights and Privacy Act (FERPA). FERPA grants parents the right to access their child's educational records, including IEPs. FERPA protects your family's privacy. Educational records are confidential and, in most cases, can only be released with your written consent. According to the Department of Education website, exceptions are granted when requests for records are made by school officials, accrediting organizations, approved research organizations, law enforcement officials, health and safety officials, those with a court order and financial aid professionals. Parents have the right to request changes to inaccuracies in their child's records. If changes are refused, you can arrange a formal hearing. If you don't win the hearing, request an addendum be added to your child's record stating your opposition to the objectionable sections.