Many parents have been in a situation where their student has been exited from special education services after the school has completed an evaluation. Maybe the student is losing services in only one area, such as speech and language, or maybe the student is being exited from special education services completely. In another scenario, a parent was finally successful in getting the school to agree to complete an initial evaluation, only for the school to decide the student is not eligible for special education services based on the evaluation results. These situations can be incredibly frustrating for parents of students with special needs, especially when the parent disagrees with the school’s decision. When facing this situation, it is important for parents to know that they do have some options available to them.
A student may be exited from special education after an appropriate evaluation has been completed and shows the student no longer requires special education services. For an initial evaluation, a student may not be eligible because it is determined they do not require special education services. This reasoning can be very confusing and vague for parents. The Office of Superintendent of Public Instruction has a web page to help parents understand the evaluation process, as well as one about eligibility here.
special education
Whenever a student is either denied or exited from special education services, and the parent does not agree with the decision, the parent can attempt to resolve the disagreement by using one of the dispute resolution options available to them. Alternatively, each time a school district conducts an evaluation, and the parent disagrees with it, the parent has the right to request an Independent Educational Evaluation (IEE) at public expense. If a parent chooses to request an IEE at public expense, it is best to do so in writing by sending an email. The school must respond to the request within 15 calendar days, at which time the district can either grant the request, agreeing to pay for the IEE, or file for a due process hearing to defend their last evaluation. Receiving notice that a school district filed for a due process hearing can be very overwhelming and scary for a parent. If this occurs it is best to consult a special education attorney.
Sometimes a parent is unsuccessful in resolving their disagreement over eligibility for special education by using the dispute resolution options available to them. It is also possible the school district files for a due process hearing in response to a parent’s request for an IEE, leaving the parent feeling they have no choice but to withdraw their request because they cannot afford an attorney to help them. In this situation, when all other options seem unsuccessful, the parent may consider requesting a Section 504 Plan for their student. This does not provide as much support for a student as an IEP with special education services, however, it may still be enough to help the student do better in their classes. With a 504 Plan, a student with a disability can receive accommodations, aids, and services that are needed in order to help the student access and benefit from general education. Lastly, always remember that even if a student is unable to access special education services now, a parent can always request a new initial evaluation for special education services again in the future.
Author: Amy Schley