Education Law

Lies About Special Education Eligibility and 6 Ways to Overcome Them!

Are you the parent of a young child who thinks that their child may have autism? Do you think your child’s reading difficulty may be related to a learning disability? Have you tried to have your child tested for special education eligibility and your school district said no? This article will discuss lies that are related to special education eligibility and 6 ways to overcome the lies for the good of your child.

Lies associated with special education eligibility:

  1. We will test your child but we get to pick the tests, and the areas to be tested. The Individuals with Disabilities Education Act (IDEA) states that parents must give informed consent for testing (and to give informed consent the parent must know areas to be tested and what tests are going to be performed), and that the child is to be tested in all areas of suspected disability.
  2. You must sign this medical release form so that we can get your child’s medical records before we do the testing. Medical records are private under HIPPA and school districts do not have a right to them.
  3. Your child is on the waiting list for testing, be patient. IDEA does not allow waiting lists for testing or special education services. Testing must be complete within 60 days after the consent form is signed.
  4. Your child has a disability but it does not affect their education. To be eligible for special education a child must have two things: A. A disability, and B. Educational needs; that is it, nothing else.
  5. Your child does not have autism but has an emotional/behavior disorder. Many school districts state that a child does not have a particular disability; without even testing them.
  6. We do not do those type of tests for initial eligibility. Remember that IDEA requires a child to be tested in all areas of suspected disability.
  7. We met and decided that your child does not meet the criteria for special education. Parents must be included in all meetings and receive a 10 day written notice for all meetings for their child. Also, parents are equal members in the team that make any decision about their child, including eligibility for special education.

6 Things that you can do to overcome these lies:

Read the rest of this entry »

Related posts