Is your child making poor grades? Struggling to retain or use information? With the new school year upon us, it is important to remember that there are resources available for families who have children with special education needs. The following are some legal checkpoints to help your child get off to a good start in school this year.

Communication with your child’s school is critical.  No one will ever know your child as well as you.  To be the best advocate you can for your child, you and your child’s teacher need to exchange information regularly.  You and your child’s teacher are a team.

Special education services are available at no cost to qualifying students under the Individuals with Disabilities Education Improvement Act. To qualify for special education services, your child must have a disability that impacts school performance. 

If you think your child needs special education testing, make your testing request in writing. Schools have a legal duty to locate and test all children who may need special education services. Be patient but persistent; the testing process can take quite awhile.

The decision regarding special education eligibility is up to your child’s special education team, not your child’s doctor.  If your child qualifies for special education services, an Individualized Educational Plan will be written for your child’s special educational needs. 

Getting your child special education services is only the beginning of the process.  Ensuring that promised services are provided and that your child is making progress with special education services requires dedication and attention to detail by the parent. 

If your child doesn’t qualify for an Individualized Educational Plan, ask your child’s school about a Section 504 plan to protect your child from discrimination in instruction and programming due to a disability. Public schools have an obligation to test and make accommodations and modifications for children with disabilities.

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