For a parent, receiving a denial of special education services is both frustrating and confusing. Regardless of whether the denial is about eligibility for an Individualized Education Program (IEP) or some other service, knowing what your rights are and what actions can be taken is important to ensure you effectively advocate for your child’s education.
Why The Services Are Being Denied
The first step is to determine why the services are being denied. In schools, if there is a refusal to initiate or change the identification, evaluation and educational placement of a child, or provision of FAPE (Free Appropriate Public Education) they are obligated to give written notice.
- This notice – prior written notice – must include:
- Reasoning of the decision must be provided in a clear manner.
- Data or records that were evaluated for making the decision need to be available.
- Other options that were considered and denial reasons need to be available.
Legal Rights Provided To You.
If you have not received this notice, you can obtain it through writing. Finding out how the school justifies its decision will provide you with adequate information to know what your next step should be.
Encourage Scheduling A Meeting
- Suggestion of a follow up meeting with the school may be beneficial with regards to the IEP team. The follow up meeting creates an opportunity to answer relevant and clarifying concerns as well as to understand how the conclusions were made.
- Some misunderstandings can be resolved through a simple talk. A conversation is helpful if there was some miscommunication or if some other forms of documentation was received that can help out your child’s case.
Request An Independent Educational Evaluation (IEE)
Disagreement has always come up due to school’s evaluations, however it is one’s right to ask for an independent evaluation at school’s expense. This means a new assessment shall be performed by a professional who has no ties with the school.
Use Dispute Resolution Options.
Suggesting the use formal ways to the parents with the school with regards to the child’s education under the disable act is very helpful. Using collaborative, voluntary processes can lead towards a beneficial resolution.
Due Process Complaint- A formal legal proceeding which an administrative judge gives the information then make a ruling. This is more confrontational and is bound to have legal representation.
State Complaint: We are referencing a written complaint submitted with your state’s education agency. The office undertakes an investigation and renders a decision within a designated period.
Document Everything
Ensure that you have a copy of all communications, documents, meetings, evaluations, and notices. If you put evidence into dispute resolution processes, this documentation could be vital. Communication in writing aids greatly in providing evidence towards tracking and justifying school’s actions.
Understand Your Child’s Rights
Children with disabilities are by law entitled to receive a free appropriate public education. A legal avenue would be appropriate if you believe that there is a lack of adequate attention necessary for your child’s requirements. It’s within your legal power to challenge that need under appropriate conditions. You do not need to accept the answer if you believe it is not beneficial from the perspective of your child’s interests.
Final Thoughts
Refusing special education services can feel like a disheartening obstacle; however, it is only one part of the whole road you and your child will navigate. Understanding the decision making, knowing legal options, and proactively participating in advocacy are some of the ways a parent can meaningfully influence the possibility of securing necessary support for a child. Education is a shared venture, and each parent plays a critical part in enabling every child to achieve success.
This post is published with support from K Altman Law. If you’re facing legal challenges on campus, their university lawyer can help you navigate the system and protect your future.