About Me

Coping With Legal Issues

When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.

Search

Tags

Latest Posts

Coping With Legal Issues

Child Disabilities, Evaluation, And Your Rights

by Lillian Wheeler

If you have recently learned that you have a child with special needs, then your son or daughter may need to take special education classes. This may send you into a panic about the educational future of your child. While you are right to be concerned, especially if you simply want the best education for your child, you should know that there are federal regulations set up to help your child. Specifically, the Individual with Disabilities Education Act (IDEA) of 1973 was enacted to help children like your own. There are four major parts of the act and include the completion of an assessment. Keep reading to learn about a few of your rights in regard to this assessment. 

You Can Ask For An Evaluation

As a parent of a child with a disability, you have the right to ask for an evaluation of your child. Your son or daughter's school also has the right to bring your attention to the need for an evaluation. The evaluation determines whether or not your child falls under the provisions of IDEA and has a disability categorized under the act. There are a variety of conditions that can make your child eligible for special education under IDEA like autism, deafness, orthopedic impairments, developmental delays, and visual impairments. 

Schools must arrange for assessments and you will likely be asked to sign paperwork that allows it to be completed. A special education professional or an occupational therapist may complete the evaluation. The evaluation should be completed at no cost to you. If a school asks for a payment to complete the assessment, then you should know that the school is violating your rights. Assessments can be expensive, so make sure to be vocal about your right to a cost-free evaluation.

Evaluations Should Be Timely

If you or the school feels that a disability assessment needs to be completed, then you have the right to ask for a speedy evaluation. Specifically, evaluations should be carried out within about two months. The 60-day clock will usually start once you sign the paperwork that provides the school with permission to perform the evaluation. The school must provide you with a written notice of where and when the evaluation will be completed once you give your permission for testing.

Typically an initial evaluation will be completed first. More in-depth evaluations will be completed afterward. All of the testings should be completed in a way that your child will not fall behind on their education. Also, once the evaluation is completed, services must be offered by the school that assists with the disability. The assistance will be in-line with the degree of the disability based on data from the evaluation. 

For more information, talk to a special education lawyer near you!

Share