Special Education Evaluation

In 1975, Congress passed a law which stated that every child had the right to receive a Free Appropriate Public Education (FAPE).

FAPE is defined as "special education and related services that:

• Are provided at public expense, under public supervision and direction, and without charge;
• Meet the standards of the State educational agency.;
• Include an appropriate preschool, elementary school, or secondary school education in the State involved, and
• Are provided in conformity with an Individualized Education Program (IEP) that meets [federal requirements]" ¹

The initial law has gone through many changes and updates over the years, and is now called the Individuals with Disabilities Education Act, or IDEA. This law ensures that children will special needs – including learning disabilities – receive proper and fair education, and it's a parent's strongest advocate when working with school personnel.

A child who is struggling academically has the right be evaluated for a learning disability at no cost to the family, and the child's parent can formally request that the school district conduct the evaluation. While you may discuss your desire for an evaluation with teachers and other school administrators, the formal request should be made in writing. When making a request, gather as much information as you can about your child's academic performance. If possible, include not only grades but teacher comments, home or class work samples, and any assessment tests your child has taken. The National Center for Learning Disabilities has compiled a checklist of characteristics common to people with learning disabilities that can be also helpful. The checklist is not meant to be used for formal diagnoses but rather as a guideline for indicating whether additional steps are needed. It can be a strong tool when making your child's case to the school district. Not only will this information be helpful when making the request, but it's the type of "existing data" that's required to supplement the evaluation itself.

When you submit a formal request for evaluation, you are entitled to receive confirmation that the request has been received by the school district, and a copy of the "Procedural Safeguards Notice". The notice outlines the legal rights of both the parents and the student with regards to the student's education. Procedural safeguards are based on the Federal IDEA law, but – because each state also has laws regarding special education – the safeguards will vary by state. Something else that varies by state is the timeframe in which an evaluation has to be completed. The Federal IDEA law states that evaluations must be completed within 60 calendar days of the date a request is made, but you need to know the laws in your state.

IDEA laws require school districts to "conduct an evaluation that:

• Uses a variety of different tests (assessments), procedures, tools and strategies to gather relevant functional, developmental and academic information (including information provided by the parent)
• Ensures that your child is evaluated in all areas in which a disability is suspected
• Does not use any single measure or test as the sole basis for deciding whether your child has a disability, or for developing an appropriate educational program for your child
• Uses evaluation tools and strategies that provide relevant information that directly support decisions about the educational needs of your child
• Uses technically sound testing instruments to determine the roles that cognitive and behavioral factors, in addition to physical or developmental factors, are playing in your child's difficulties." ¹

Additionally, recent changes to IDEA now require that evaluations be administered in the child's primary language (including Braille and sign language).

Though there are rules concerning the content of a student's evaluation, the types of tests used can vary. Once your child's school has agreed to your request, you will receive an evaluation plan containing types and descriptions of the tests which the school intends to conduct. Review these carefully and make sure you understand them. As a parent, you have the right to request additional or different tests if you feel the proposed plan doesn't fully address your child's needs. Because the evaluation results will become the basis for your child's educational plan, the tests which are conducted need to give a complete picture of your child's academic abilities while giving special consideration to specific areas of concern.

Parents are entitled to receive a copy of their child's evaluation results, and it's beneficial to request a copy before meeting with the school to discuss them. By getting a copy in advance of the follow-up meeting, you'll have time to review the results and adequately prepare. If the results are confusing, you have the option of meeting with the person who administered the evaluation. This is a recommended step if it will help you better understand the test results and their implications.

¹ Source: IDEA.ed.gov
² Source: National Center for Learning Disabilities Parent Guide