blog

facebook

twitter

 

final-faq-ebook-side-ad

 

Free Dyslexia Toolkit - Download Now

 

Your IEP Roadmap

 

Sign the Petition


Advocating for Your School-Aged Child

Print
|
By NCLD Editorial Team

Special Needs Child - Child Advocacy Your child has the right to a free and appropriate public school education. Getting involved in his or her education is among the most important things you can do as your child's advocate. As you'll see below, you have a right to be a part of every decision regarding your child's education, including the process of finding out if your child needs special services. You know your child best, and your input should be considered at every opportunity.

In order to make sure that your child with learning disabilities gets the help he or she needs throughout his or her school career, you should familiarize yourself with your child's rights. These rights are federally mandated by the Individuals with Disabilities Education Act (IDEA).

Your child's rights in determining eligibility for special education and related services

  • You have the right to request in writing that your child be evaluated to determine if he or she is eligible for special education and related services. This evaluation is more than just a single test. The school must gather information from you, your child's teacher and others who would be helpful. An assessment of your child must then be conducted in all the areas that may be affected by the suspected disability.
  • If the public school agrees that your child may have a learning disability and may need special help, the school must evaluate your child at no cost to you.
  • Teachers or other professionals can recommend that your child be evaluated, but the school must get your explicit written consent before any part of the evaluation is started.
  • If the public school system refuses to give your child an evaluation, they must explain in writing the reasons for refusal, and must also provide information about how you can challenge their decision.
  • All tests and interviews must be conducted in your child's native language. The evaluation process cannot discriminate against your child because he or she is not a native English speaker, has a disability or is from a different racial or cultural background.
  • Your child cannot be determined eligible for special education services only because of limited English proficiency or because of lack of instruction in reading or math.
  • You have the right to be a part of the evaluation team that decides what information is needed to determine whether your child is eligible.
  • You have the right to a copy of all evaluation reports and paperwork related to your child.
  • Once you give parental consent to the evaluation, it must occur within a specific timeframe established by the school, which varies, or within 60 days if your state had not designated a timeframe prior to July 1, 2005.


 

Related Content

Video: How to Stand Up for Your Child's Rights Featured Video: How to Stand Up for Your Child's Rights
Two top LD experts, Stevan Kukic, Ph.D., and Judy Elliott, Ph.D., offer advice on how parents can stand up for the rights of their child with LD.More >
Video: What Is IDEA Parent Guide Featured Video: What Is the Parent Guide to IDEA?
NCLD Public Policy Director Laura Kaloi explains our Parent Guide to the Individuals with Disabilities Education Act (IDEA). The guide is an essential tool for parents of children with LD. More >
What Is FAPE and What Can It Mean to my Child? What Is FAPE and What Can It Mean to my Child?
FAPE is the acronym for a Free and Appropriate Public Education. It is one of the most misunderstood concepts of the Individuals with Disabilities in Education Act (IDEA). And it often causes the greatest conflict between parents and schools. A required component of IDEA, FAPE mandat... More >
Knowing Your Child's Rights Knowing Your Child's Rights
Your child has the right to a free and appropriate public school education. Getting involved in his or her education is among the most important things you can do as your child's advocate. As you'll see below, you have a right to be a part of every decision regarding your child's edu... More >
Essential Skills for Becoming Your Child's Advocate Essential Skills for Becoming Your Child's Advocate
Learning the essential skills to become your child's advocate and ensure your child receives an appropriate education does not require lots of money or even years of schooling. All it requires is learning five basic skills and consistently implementing them within the school community... More >
How Parents Can Be Advocates for Their Children How Parents Can Be Advocates for Their Children
Parents are often the best educational advocates for their children, especially children with a learning disability. True advocacy is a largely positive process, which should build on your child's strengths and challenges. As your child's best advocate, you are in a unique position t... More >
Advocating for Your Pre-school Child Advocating for Your Pre-school Child
Being an advocate means knowing how to ensure that your child gets the help he or she needs to be successful. For children who experience learning difficulties, it's never too early to start looking for ways to help them succeed in learning. Even before formal schooling starts, ther... More >
How IDEA Can Help You Help Your Child How IDEA Can Help You Help Your Child
If a bear cub wanders into your campsite, you know to be extra cautious — because you know somewhere in the underbrush there's a mama bear ready to protect her young. As a parent, your instinct is to protect your child. When it comes to making sure your child is being afforded ev... More >
Getting Started At Home Getting Started At Home
Here are ten initial ways that parents can help their children with learning disabilities (LD). Learn more about learning disabilities Information on learning disabilities can help you understand that your child does not learn in the same way as other people do. Find out as ... More >
Military Families and Students with LD – An Overview Military Families and Students with LD – An Overview
Are you (or your spouse) a member of the U.S. military who is also raising a child with a disability? If so, rest assured you’re not alone. According to Congresswoman Susan Davis (D-CA, and Chair of the Military Personnel Subcommittee), there are 100,000 military families with child... More >
NCLB and Students who Struggle with Learning NCLB and Students who Struggle with Learning
An Online Chat with Candace Cortiella On August 18, 2004, SchwabLearning.org hosted an online chat with Candace Cortiella, a national expert in special education law and an advocate for children with learning disabilities, as well a member of the professional advisory board for the... More >
Special Education Laws and Rights for the Military Child Special Education Laws and Rights for the Military Child
Growing up in a military family has its advantages and adventures, but for kids with learning disabilities (LD) and others who need special education services , the road can be rocky. Whether your child is being evaluated for special education services or is already enrolled, you’l... More >
High School Diploma Options and Students with LD High School Diploma Options and Students with LD
The following is a transcription of the podcast, “High School Diploma Options and Students with LD (audio).”   In this podcast from the National Center for Learning Disabilities, Candace Cortiella interviews two experts about high school diploma options and their implicat... More >
High School Diploma Options and Students with LD (audio) High School Diploma Options and Students with LD (audio)
In this podcast from the National Center for Learning Disabilities, Candace Cortiella interviews two experts about high school diploma options and their impact on students with learning disabilities (LD). Her guests are Laura Kaloi, public policy director for the NCLD, and Dr. Marth... More >
A Parent's Perspective — Twenty Years Later A Parent's Perspective — Twenty Years Later
What have I learned after weaving my way through the special education maze?Knowledge is power — you must be as informed as possible about your child's disability AND your child's strengths. You must know the law and how to use it. You must have good communication skills. You must b... More >
Making the Most of the Parent Information and Training Network Making the Most of the Parent Information and Training Network
The following is a transcription of the podcast, “Making the Most of the Parent Information and Training Network (Audio).”   Candace Cortiella: On behalf the National Center for Learning Disabilities, I’d like to welcome Connie Hawkins and Jan Serak of the Network of Pa... More >
Support for Military Families Whose Children Have Special Needs Support for Military Families Whose Children Have Special Needs
The following is a transcription of the podcast, “Support for Military Families Whose Children have Special Needs (audio).”    In this NCLD podcast, Candace Cortiella speaks with Heather Hebdon, Executive Director of the Specialized Training of Military Parents (STOMP), part... More >
10 Tips for Preparing a State or Due Process Complaint 10 Tips for Preparing a State or Due Process Complaint
The Individuals with Disabilities Education Act (IDEA) provides options for resolving disputes between schools and parents. Two of these options are state complaints and due process complaints. Either of these options could be used to address matters involving a school district’s d... More >
My Child Has LD—Isn’t He Automatically Eligible for Services? My Child Has LD—Isn’t He Automatically Eligible for Services?
Once you learn that your child has a learning disability (LD), you’re undoubtedly wondering how to get your child the services he needs to be successful in school. But services are not automatically given to students when they are identified as having LD. A diagnosis of LD does not ... More >