Learn the Law
By Noreen J. O’Mahoney, C.S.W., S.D.A.
As an advocate for your child with learning disabilities, it is critical that you familiarize yourself with the laws relevant to his rights and your rights.
The best place to start is with the procedural safeguards issued by your state detailing parents’ rights under the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 04). This covers issues from identification and the development of goals and objectives to your rights to due process.
By knowing the law you take the gamesmanship out of the process and become an equal partner at the table.
In addition, become familiar with the Family Education Rights and Privacy Act, allowing you to request a copy of your child’s records and setting limits on how long records can be held before they must be destroyed.
Section 504 of the Americans with Disabilities Act details under what circumstances your child may be eligible for accommodations but not Special Ed services.
Independent Evaluations
Procedural safeguards confirm your right to an independent evaluation if you disagree with the evaluation the school provided. The school may recommend an evaluator, however, be vigilant about why they have selected a particular person.
You also have the right to suggest an evaluator. Submit only names of people you have first interviewed, whose qualifications and experience are equivalent to those the school has suggested and who meet any specific requirements of your school district. You then have the right to choose your own evaluator at the district’s expense. However, if the district pays for the evaluation, it belongs to the district.
Finally, put everything in writing.
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Online Resources
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