Student Advocacy Center of Michigan: Special Education Evaluation

QuickGuide to Special Education Evaluations

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SAMPLE LETTER & QUICKGUIDE

Sample Letters make communication with schools easier for parents by providing a starting point for the advocacy process.
QuickGuides offer general explanations for understanding and retrieving information, as well as guidance in how to handle specific school-related situations.

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Your Child Should Be Tested 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 (see Sample Letter to Request Special Education Evaluation) because a student is experiencing one or more of the factors listed above or other concerns.

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.

3. An Individual Educational Planning Team (IEPT) meeting must take place within 30 school days of the original request for evaluation.

The 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 agreed upon. An 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 they do not wholly agree with.
A parent may ask for a copy of the IEP to take home and review.

Note: The school must make every effort to assure that the parent is told about the meeting with plenty of time to make arrangements, and that the meeting is at a mutually convenient time and place.

5. Once the parent feels 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 student, parent, and schools are held to providing 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 in being successful throughout their remaining years in the public school system.

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 a disagreement. Once the parent signs the disagreement, a mediator 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. 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 impartial evaluator outside the school. See Sample Letter for Independent Educational Evaluation. The school is required by IDEA ’04 to provide an independent evaluation, which is paid for by the school. Once the IEE is complete, if the parent and school still do not agree, the case should go to a hearing. Due process hearings can be time consuming, tedious, and expensive. The hearing will function a lot like a court of law, and legal representation is highly recommended. However, if the hearing is won by the family, the school pays their legal expenses.