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You are here: Families & Children > Special Education > Special Education Rights for Children & Families > Does Your Child Need Special Education?
Click on a question below:
How do I know if my child needs special education?
What is an assessment?
Who can ask for an assessment?
What happens after someone asks for an assessment?
What can I do if the assessment says that my child CAN'T get special education and I don't agree?
What happens if the assessment says that my child CAN get special education and I agree?
Will my child be assessed again?
How do I know if my child needs special education?
The law says that a student can get special education if they have certain disabilities, like:
- Mental retardation;
- Hearing problems or deafness;
- Speech or language problems;
- Problems seeing or blindness;
- Serious emotional problems;
- Serious orthopedic problems;
- Other health problems;
- Learning disabilities;
- Autism; and
- Serious brain injury.
Your child's school must spot children that need special education. But they may not notice that your child needs help. If you think your child has a disability and needs special education, ask for an assessment.
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What is an assessment?
An assessment is when special evaluators decide if your child needs special education, and what kind of help they need.
They do tests, have interviews, and watch your child. No matter what kind of disability your child may have, part of the assessment will be psychological and part of it medical. The rest of the assessment will test the specific things that your child has problems with.
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Who can ask for an assessment?
Certain people can ask for an assessment (called "referral for an assessment"). For example, a:
- Parent or foster parent,
- Teacher,
- School psychologist, or
- Your family doctor.
To ask for an assessment, send a letter to your local educational agency (LEA). The letter doesn't have to be too specific. It should say:
- The child's full name and date of birth;
- If the child is in school, and the name of the school;
- If the child has had special education services in the past;
- Your name, address, and phone number;
- That the child has problems in school; and
- That you want an assessment because you think the child needs special education.
Keep a copy of your letter. Give a copy of your letter to your child's teacher or school principal. If your child is not in school, send the letter to your school district's director of special education.
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What happens after someone asks for an assessment?
The LEA has 15 days to give the parent an assessment plan. The plan has to be in the parent's primary language. It must use words that are easy to understand. The plan says what kind of tests the LEA will do.
The LEA has to give the parent a copy of the notice of parental rights along with the plan. The parent has 15 days to decide if they to agree to the assessment plan.
| NOTE: The child won't get special education unless the parent agrees. |
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What can I do if the assessment says that my child CAN'T get special education and I don't agree?
If you don't agree with the LEA's decision, you can get another assessment by an evaluator of your choice. You won't have to pay.
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What happens if the assessment says that my child CAN get special education and I agree?
After you give them permission, the LEA has 50 days to make an individualized education program (IEP) for your child.
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Will my child be assessed again?
After your child starts to get special education, the LEA has to assess them every 3 years. This is called a "triennial review." If your child needs it, a teacher, parent, or foster parent can ask to have an assessment sooner.
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Last modified: 03/17/2008
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