b. Request evaluations and services in writing; date the copy.

         c. Always keep a copy for your records, including teacher observations, notes, and letters between home and school.

         d. Request independent professional evaluations (psychological, educational, speech, medical).

5. You must give your informed consent. You must understand and agree in writing to the evaluation and educational program suggested for your child. You may withdraw your consent at any time.

6. You may obtain an independent evaluation. If you disagree with the outcome of the school’s evaluation, you may request an independent evaluation.

7. You have the right to appeal the conclusions and determination of the school’s evaluation team. The school is required to provide you with information about how to make an appeal.

8. You may request a reevaluation. Your child’s educational program must be reviewed at least once during each calendar year, and the school must reevaluate your child at least every three years. However, if you think your child’s current educational placement is no longer appropriate, ask for a reevaluation.

9. You may have your child tested in the language he or she knows best. If English is a second language for your child, request that all evaluations be completed in his or her native language.

10. You may review all of your child’s records and obtain free copies of these records. If the information in your child’s records is inaccurate, misleading, or violates the privacy or other rights of your child, you may ask that the information be changed. If the school refuses your request, you have the right to a hearing, and if that demand is refused, you may file a complaint with your state educational agency.

11. You may participate in the development of your child’s Individualized Education Program (IEP). If the child is younger than four years old, an Individualized Family Service Plan (IFSP) is developed. The school must make every possible effort to notify you of the IEP or IFSP meeting and to arrange the meeting at a time and place that is convenient for both you and the school. You may participate in the decisions including your child’s placement.

12. You may have your child educated in the least restrictive school setting possible. The school should make every effort to develop an educational program that will provide your child with the services and supports needed in order to be taught with children who do not have disabilities.

13. You may request a due process hearing or voluntary mediation to resolve differences with the school that can’t be resolved informally. Make your request in writing, date your request, and keep a copy for your records.

14. You should be kept informed about your child’s progress at least as often as parents of children who do not have disabilities.³

Always Be Your Child’s Advocate

Children with special needs are guaranteed rights to services in school under federal and state laws. Parents should always speak for their child. The process, however, can be confusing and intimidating for parents. Here are five tips for advocating for your child.

1. Don’t hesitate to take the necessary steps to make sure your child receives appropriate services.

2. Request copies of the school district’s Section 504 plan. This is especially important when a school district refuses services.

3. If the school district does not respond to your request, you can contact a regional office of the U.S. Department of Education’s Office of Civil Rights for assistance.

4. If the school district refuses services under the IDEA or Section 504 or both, challenge this decision through a due process hearing.

5. You may also need to retain your own attorney if you decide to appeal a school’s decision.

Excerpted from The ABC's of School Success by Wesley Sharpe, EdD; copyright 2008 Wesley Sharpe. Reprinted by permission of Revell, a division of Baker Publishing Group. All rights reserved.

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Wesley Sharpe, (EdD, University of the Pacific) has been a school psychologist for over 30 years. He has authored several books including, Growing Creative Kids and has written for various parenting and educational print and online publications. He and his wife live in California.