At a glance
Understanding your legal rights during the evaluation process can help you get the services your child needs.
As a parent or guardian, you have the right to request an evaluation at any time.
You also have the right to a timely evaluation that is comprehensive and unbiased.
Getting your child evaluated for is a process. And you and your child have legal rights every step of the way. Here are 11 legal rights to know if you’re thinking about having your child evaluated:
1. The right to request an evaluation
You can request an evaluation at any time. Your child’s teacher or other school personnel can also recommend that your child be evaluated for services. Evaluations are covered under the federal special education law. This law is called the Individuals with Disabilities Education Act (IDEA).
2. The right to receive written notice of the school’s decision
Your child’s school has to respond to your request within a certain number of days. (The time frame varies from state to state.) The school has to explain in writing why it denied or accepted your request, and what other options it considered. The school also has to tell you how to find more information about IDEA.
3. The right to give (or refuse) consent
In most cases, the school can’t do an evaluation without your consent. You must be fully informed, understand the process, and agree to it in writing. This is known as informed consent. At any time, you can change your mind and withdraw your consent.
4. The right to a prompt evaluation
Once the school agrees to evaluate your child, IDEA requires they do it within 60 calendar days. But if your state law has a different time frame, that’s the one that’s used.
5. The right to a thorough evaluation
It’s not enough for the school to use one test or measure to determine if your child has a . The school must include a variety of tests and data collected from you and your child’s teachers. The goal of a is to get a full picture of your child’s functional, developmental, and academic abilities.
6. The right to be free of discrimination
An evaluation can’t discriminate against kids based on their race, culture, or language. Tests and procedures must be done in a child’s (unless it clearly isn’t possible to do so). This could be a foreign language, sign language, Braille, or a communication technology.
7. The right to be a member of the team
As a parent or guardian, you are a member of the IEP team. You know your child best; your input is invaluable in the evaluation process. The team must also include a general education teacher and a specialist qualified to do the testing for the evaluation. You’re entitled to a copy of the evaluation report and supporting documents at no cost.
8. The right to special education services
There are 13 disabilities listed in IDEA. If your child has one or more of these disabilities and needs special education and , the school must provide those services.
9. The right to appeal decisions
If your child’s school won’t do an evaluation, you can file a due process or state complaint to try to get one. If you disagree with the results of an evaluation, you can use due process to try to make the school redo some or all of it.
10. The right to an independent educational evaluation (IEE)
If you disagree with the results of a school evaluation, you’re entitled to get an independent educational evaluation (IEE). This is done by an outside specialist, but you can request that the school pay for it. If the school feels that an IEE isn’t needed, it can start a to show why. You can also pay for an IEE on your own, but it can be very expensive.
11. The right to a reevaluation
If your child already has an (IEP), the school typically must reevaluate your child at least every three years. You can request a reevaluation more often (but not more than once a year). The school must have your consent to do new testing but not to review existing data on your child.
Parents and guardians have the right to request an evaluation at any time.
The evaluation of a child must be “full and individual” and rely on a variety of measures and tests.
Parents have the right to participate in the evaluation process and the right to appeal evaluation results.
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About the author
About the author
Andrew M.I. Lee, JD is an editor and attorney who strives to help people understand complex legal, education, and parenting issues.
Myrna Mandlawitz, MEd, JD has worked for over 20 years as a consultant/lobbyist on special and general education.