Every child in America has a right to an education. Whether they are just like all the other kids in school or if they are different and have special needs they have the right to an education. There are many laws in each state about special education and they can be very confusing, so if you think your child is not getting what they need you as their parent have the right to seek help in getting it.
If you think you child may have issues that are keeping them from learning, or if they have a disability, the first thing you need to do is contact the special education department or team at their school. You can request an evaluation for eligibility for special education in writing. A letter to the team should include the issues that your child is having and why you think they should be evaluated. It is also possible for a teacher or other staff at the school to request an evaluation.
The team must hold a meeting within 20 days of receiving a your request, and you need to be notified in writing about the meeting. Once they agree to evaluate your child, they have 90 calendar days to complete it.
An evaluation can include anything that is having an effect on your child’s schooling. The team will look at behavior, their intelligence, and also an evaluation of their mental health. These evaluations are done over a period of time, and once completed a written report is prepared for the special education team.
Parents will receive a copy of the reports and have the right to ask for independent evaluations if you do not agree with what the school came up with.
Once the evaluations are completed, if your child is deemed to have a disability that has an effect on their education and their performance in school.