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Know your child's rights

The rights you have as your child's advocate are federally mandated by the Individuals with Disabilities Education Act (IDEA). Remember, you have the right to participate in the evaluation. You know your child best, so you can be a valuable part of the team.

Your child's rights to an evaluation of their learning abilities:

  • The school must evaluate your child at no cost to you if it agrees that your child may have a learning disability.
  • Teachers or other professionals can recommend that your child be evaluated. However, you must agree to the evaluation in writing before your child is evaluated.
  • After you agree to the evaluation, the school must establish a specific timeframe within which it will be completed. Usually, this timeframe should be within 60 days.
  • If the public school refuses to give your child an evaluation, school officials must explain in writing why they refused. They must also provide you with information about how you can challenge their decision.
  • After the evaluation is completed, you have the right to a copy of all evaluation reports and paperwork.


If English is your child’s second language:

  • All tests and interviews must be conducted in your child's native language. Your child has the right to an evaluation even if he or she is not a native English speaker or is from a different racial or cultural background.


Remember: This evaluation is more than just a single test. The school must gather information about your child’s learning abilities from you, your child's teacher and from anyone else that would be helpful. Your child should be assessed in all the areas that may be affected by the suspected disability.

 

*Information provide by the National Center for Learning Disabilities in partnership with the Student Success Collaborative.

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Who would I contact if a public school is giving the run around with having a child tested for learning disabilities???
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Send a letter - through the mail - to the special education coordinator/director of your district that specifically requests a psychological and educational evaluation for your child. Provide detailed information so they can respond to you effectively. The district is required by law to respond to you within 15 days of receiving that letter regarding assessing your child (in the state of CA). Keep all written documentation you send and receive from the district and contact a special education advocate if they do not respond within the time frame.
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