Your Child Should Be Evaluated for Special Education if…

• S/he is having academic difficulties
• S/he is doing well in some classes but failing others
• S/he has experienced a sudden drop in grades, or a teacher expresses concerns to you about your child's academic progress
• S/he is having recurrent behavior or social problems
• S/he is not able to focus or sit still
• S/he is depressed, angry or moody

The Basic Process

1. A parent or educator requests an evaluation because a student is experiencing one or more of the factors listed above.
Sample Letter to Request a Special Education Evaluation

2. The school must evaluate the child and convene a Multidisciplinary Evaluation Team (MET) that will decide if the student is eligible for Special Education support. The parent is an active member of the MET meeting and discussion. The parents should request the evaluation report before the meeting so that they might review it and be prepared to ask questions of the evaluators.

3. If found eligible, an Individualized Educational Plan (IEP) will be immediately developed at an Individual Educational Planning Team (IEPT) meeting. The evaluation must be completed and an IEPT meeting must take place within 30 school days of the original request for evaluation. (In Michigan Only)

The initial IEPT meeting should be attended by:

• the student, if s/he is old enough
• a parent or guardian
• the child's teacher (at least one)
• a Special Education professional or representative
• a member of the testing team, to review the results of the evaluation
• an administrator, usually the principal
• an advocate: a friend, relative, religious advisor, professional, or any one who will offer moral support and has the student's best interest at heart

4. An IEPT meeting is student-centered and a parent should be in attendance. At the IEPT meeting, a contract providing the child with the supports and extra resources necessary for him/her to be successful should be discussed and developed. An initial Individualized Educational Plan (IEP) cannot be implemented without parental consent and signature.

• A parent does not need to agree with anything a school official says at an IEPT meeting.
• A parent does not need to sign anything with which they do not wholly agree.
• A parent may ask for a copy of the IEP to take home and review before signing.

  Note: The school must notify the parents in writing of the date, time, and place of the IEPT meeting and provide a list of those invited. The school must make every effort to assure that the parent is told about the meeting with plenty of time to make arrangements. The meeting must be scheduled at a mutually convenient time and place. The parent may waive the written notification requirement and schedule the meeting by phone.

5. Once the parent agrees that the IEP will meet the child’s needs and supports the recommendations made for the child, signing the IEP makes it a legal document. Therefore the school is required to provide the services and supports outlined in the IEP contract. Parents should obtain a signed copy of the IEP and MET. Ideally, the IEP will support the child increasing his/her success throughout their remaining years in the public school system.

6. Yearly review

• Change in placements
• 3 year re-evaluation

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Potential Snags in the IEP Process

If the IEPT is not successful, and the parent and school can not come to a decision on how to sufficiently support and service the child, the parent can sign in disagreement. If the parent is not satisfied with the IEP recommended by the IEPT, they can:

• disagree but allow the plan to be implemented
• disagree and request mediation
• disagree and request a due process hearing

If the parent decides on mediation or on a due process hearing, an independent mediator or hearing officer will objectively and fairly listen to both the parent and the school, and aid both parties in reaching an agreement. The Michigan Department of Education (MDE) will issue a list of possible hearing officers, of which both the family and the school will choose three possibilities. If the school and family cannot reach an agreement, the MDE will make the final decision from this list. At this point, the parent should contact a local advocacy group for assistance on how to approach the mediation for a successful outcome.

After evaluation, if the school does not find a child eligible for special education services and the parent disagrees, the parent can request an Independent Education Evaluation (IEE). This testing is done by an evaluator outside the school, selected by the parent. The school is required by IDEA '04 to pay for the IEE. Once the IEE is complete, if the parent and school still do not agree, the case should go to a due process hearing. Due process hearings can be time consuming, tedious, and expensive. The hearing is a formal process, and legal representation is highly recommended. If the hearing is won by the family, the school pays their family's legal expenses.

Sample Letter for Independent Educational Evaluation.