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At that point, you may go forward with your right to challenge the district's decision. Options to resolve disputes between parents and schools under IDEA are covered in Chapter 11: Dispute Resolution Options.
A Word about Medication
[New] IDEA 2004 establishes a new requirement that each state must have a policy that prohibits school districts from requiring a child to be taking medication, such as those frequently prescribed for children with attentional disorders such as Attention-Deficit/Hyperactivity Disorder (AD/HD), as a condition of attending school, receiving an evaluation, or receiving services under IDEA. While AD/HD is not a learning disability, some students may have both AD/HD and LD.
Requests by the School District
As part of their responsibilities under IDEA, school districts are required to identify, locate and evaluate all children who may be in need of special education in their district. Activities related to this duty are called "Child find" under IDEA.[New] This "Child find" obligation includes students who are homeless or are wards of the state (such as a foster child or a child in the custody of a public child welfare agency) and students attending private schools (see Chapter 9: Students in Private School), as clarified by IDEA 2004.When a school district proposes to conduct an initial evaluation of a child to determine his or her eligibility for IDEA services, it must notify the parent in writing and request the parent's informed consent for the evaluation to proceed.
If the parent chooses to refuse to provide consent for the initial evaluation or does not respond to the request to provide consent for the initial evaluation of a child attending public school, the school district may pursue the initial evaluation by using the dispute resolution procedures described in Chapter 11: Dispute Resolution Options.
Table of Contents
- An Overview of IDEA Parent Guide
- Chapter 1: Pre-Referral Services
- Chapter 2: Response-to-Intervention
- Chapter 3: Referral/Request for Evaluation
- Chapter 4: Procedural Safeguards — Understanding and Exercising Your Legal Rights
- Chapter 5: Evaluation: Learning More About Your Child
- Chapter 6: Eligibility Determination: Determining Your Child's Need for Special Education
- Chapter 7: Individualized Education Programs (IEPs) — Developing Your Child's Education Plan
- Chapter 8: Transition — Planning Your Child's Future Success
- Chapter 9: Students in Private School: Understanding Your Child's Special Education Options
- Chapter 10: Student Discipline — Addressing Serious Behavior Issues and Concerns
- Chapter 11: Dispute Resolution Options — Understanding Your Options for Settling Disputes
Note: The IDEA Parent Guide was created to provide a basic understanding of the key requirements of the federal law under IDEA. The information presented here is not legal advice and should not be used as a legal resource.
Candace Cortiella is Director of The Advocacy Institute, a nonprofit focused on improving the lives of people with disabilities through public policy and other initiatives. The mother of a young adult with learning disabilities, she lives in the Washington, D.C., area.
