What You Can Do if Your Child is Denied SPED Services

30 May

Your child is struggling in school.  You, or your child’s school, has requested that your child be tested to find out if they qualify for special education services.  You meet with the team and are informed that your child does not qualify for services.  It has been determined that your child is making “adequate progress.”  However, your child continues to struggle and is not receiving enough support at school.  What can you do to get the help that  your child needs to make progress?

First, you should know that you can challenge the school’s decision to not provide services; however, consider that the federal law says that even if the child has a qualifying disability they can be denied services if they are making progress in the general education curriculum.  Making progress is a term that can be interpreted differently, but to most schools it means not failing.   As parents, it is beyond frustrating to see our children working very hard to earn a “C”.  We want them to feel successful, be rewarded,  for all the hard work they do.  Eventually, many students give up because they feel that no matter how hard they work, they fail to get the grades they want.  It is very hard to convince a school district to put a “C” student on an IEP, but there are ways you can advocate for your child if they have been denied SPED services.

How to Advocate for your Child After They’ve Been Denied SPED Services:  

 

  1. Gather documents that prove your child is not making the same progress as his peers.  [Ask to see his file and look for reading level scores, benchmark testing results, end of year tests, etc.]
  2. Ask if the school will consider a 504 plan for your child if they denied them an IEP.  [A 504 plan is for accommodations in the general education classroom.  For example, extended test time, less homework, tutoring with the teacher, etc.]
  3. Start being very vigilant about your child’s progress.  [Question the teacher often about grades, assignments, and the progress they are making.  Write notes when homework is to difficult.  Ask for re-testing when they fail a test.  Speak with the principal if the teacher is not accommodating your requests.  Basically, be a pain in the neck so that the school staff begin to understand the level of difficulty your child is having.]
  4. After gathering more documentation, ask for mediation to resolve the dispute with the school. [Documentation being independent testing, a review of your child’s records, notes to and from the teacher and principal, etc.  You will need this information to prove your case with a mediator.)
  5. Tell the school right away (in writing and verbally)  that you disagree with their findings and/or the testing. [By doing this, your opinion goes on the record; and, if you get an independent evaluation, they may have to pay for some or all of it.]
  6. Request that the school do specific evaluations, such as a reading evaluation or functional behavioral assessment. [This will be helpful if your child’s school only performed an achievement test, such as the Woodcock-John or WIAT.]
  7. Tell the school you will be getting an outside evaluation done and they will be testing for specific learning disabilities. [The school must consider the results of an outside evaluation as equally as they consider their own testing results.  Also, depending on your income, they will be required to pay for all or some of the testing to be done.]

Remember that the best way to advocate for your child is to be armed with a lot of information.  Know all that you can about them as a learner, understand your child’s and your own rights, and know about the SPED process.  Here is a link to the Massachusetts Department of Education Notice of Procedural Safeguards (in plain English: A Guide to Your Rights and Your Child’s Rights)  Guide to Procedural Safeguards

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