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Family Road Map Guide

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Review: How Your Child Gets Special Education<br />

Services<br />

The Basics:<br />

• A federal law called the Individuals with Disabilities Education Improvement Act (IDEA 2004) guarantees that a<br />

student with disabilities will receive a “free appropriate public education” (FAPE) that is “designed to meet<br />

his or her unique needs.”<br />

• When the evidence shows that your child’s needs cannot be met in the regular education program, he or she is<br />

entitled to an individualized program of special education services.<br />

TO GET THESE SERVICES, THE PARENT AND SCHOOL MUST (ORDINARILY) GO THROUGH THE<br />

STEPS BELOW. This is a general explanation of the process. Regulations (and what things are called) can be different<br />

from state to state, so it’s important to start learning how the system works where YOU live. Fact sheets and workshops<br />

produced by advocacy groups can be a big help. Your state’s department of education website may have useful information,<br />

too.<br />

Your child has symptoms:<br />

1. physical<br />

2. behavioral<br />

3. developmental<br />

STEP 1<br />

The school receives<br />

a request to evaluate<br />

your child. That starts<br />

a timeline (number<br />

of days by which the<br />

school must act or<br />

respond).<br />

Your child’s school will have to carry out a school evaluation for your child to<br />

be certified to receive special education services. A request for a school evaluation is<br />

made in writing by:<br />

• you (the parent) OR<br />

• your child’s teacher OR<br />

• other school staff OR<br />

• a state child protection agency<br />

If the school AGREES, you must sign<br />

a form giving permission to evaluate your<br />

child.<br />

The Parent Consent form includes:<br />

• areas to be tested<br />

• why these areas are being tested<br />

If the school DOESN’T AGREE, you<br />

may appeal this decision to a state<br />

agency, using due process rights. The<br />

school must explain these rights to you.<br />

STEP 2<br />

The school system<br />

gathers information<br />

about your child’s<br />

condition, abilities,<br />

and school<br />

performance.<br />

A school assessment team is formed to evaluate your child. The team usually<br />

includes the school psychologist and may include other school specialists, depending<br />

on the child’s problems.<br />

The team gathers information using:<br />

• Standardized tests, checklists, and health history<br />

• Observation of the child<br />

• Information reported by you, the teachers, and others involved in your child’s<br />

education or treatment<br />

• Evidence about methods the school used to handle the problem in the regular<br />

program (Response to Intervention).<br />

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