All schools have an affirmative duty to identify, locate, and evaluate all children with disabilities residing in the district boundaries, including homeless students and students in private schools. When an IEP is granted, it must contain several things. First, there must be a statement of the child’s present levels of academic achievement and functional performance. Second, there needs to be a description of how the child is progressing toward meeting the annual goals. Third, a statement of special education and related services as well as supplementary aides and services based on peer-reviewed research should be present. Fourth, a statement of individual appropriate accommodations necessary to measure academic and functional performance on state and district wide assessments must be documented. Fifth, the IEP must contain appropriate measurable post-secondary goals based upon age-appropriate transition assessments that relate to training, education, employment, and independent living skills. These should occur no later than the first IEP when the child is sixteen and at all IEPs thereafter.
If you believe that your child qualifies for an IEP, then as a parent, it is your written request for a special education assessment that starts the process. Your letter to the school should state your child’s disability and how it is affecting his school performance. Parents need to make all requests in writing and should document the results of any phone conversations with a follow up email or letter.
The school has fifteen days to give you a written assessment plan in all areas of suspected disability. You may want to have the assessment plan reviewed by your child’s doctor or therapist to make sure it covers all areas of suspected need, such as academic testing, social emotional testing, executive functioning, and testing for attention or distractibility. Once you return the signed assessment plan to the district office, they have sixty days to complete the assessment and hold the IEP meeting to discuss the results. Sometimes school districts ask for extensions; however, extensions should not be granted unless the district can show good cause for needing an extension (i.e., the child was not available for evaluation). A parent must give written consent for the assessment(s) and informed consent for any special education or related services to their child.
