School Denies Requests for Learning Disability Evaluation

If you notice your child struggling with tasks such as reading, maths homework, and takes a large portion of their evening completing work, you might feel that something isn't adding up.

You may choose to meet with your child's teacher in order to present your observations and hear their viewpoint. You're equipped with well-documented data - detailing the amount of time your child spends on specific tasks, how much study time they invest, and the resulting grades. Unexpectedly, the teacher dismisses your concerns about potential learning disabilities, insisting instead that your child needs to make more of an effort.

Under perfect circumstances, the teacher acknowledges your concerns and proposes an extensive evaluation of your child’s skills and capabilities. This could potentially negate any learning disabilities and ascertain whether or not they require specialist help. According to the results, your child might fall under the Individuals with Disabilities Education Act (IDEA) as requiring special education services, or deemed in need of adjustments under Section 504.

In certain schools, you may learn about an intervention program which provides extra help to students who are struggling and monitors their progress during this extra instructional assistance. This is referred to as an RTI or a "Response to Intervention" program which has shown to be greatly beneficial. Regardless, it's not offered in all schools and isn't always enough.

Bearing all this mind, you might decide to submit a written request to your school asking for a formal evaluation. An evaluation such as this should be carried out within 60 days of application (or sooner, depending on the state). But nothing is guaranteed to happen. You might be informed that your child doesn't need an assessment, or be advised to be patient and see if the school's interventions bring significant improvements. It's also possible that the school opts not to conduct an evaluation, while not providing a clear reason.

It's essential to know that according to United States Department of Education, any refusal or delays in conducting an evaluation under the pretext that a student hasn't completed an RTI process violates the IDEA's evaluation standards. They have also stated that RTI cannot be used as an excuse to postpone an evaluation requested by a parent.

While the IDEA has measures set when parents disagree with an evaluation invoked by the school, it doesn't clearly elaborate on how to proceed when a school refuses to conduct the evaluation.

If the school denies your request for evaluation on the premise that they don't believe your child has a learning disability, they are required to provide you with written justification, citing the reasons and information supporting their decision. This decision can be opposed by a due process hearing by parents.

The right to a free public educational evaluation is a fundamental aspect of the IDEA with parents having the right to a due process hearing when this right is violated. However, this process can be daunting to navigate without a lawyer and resolution may take months.

Alternatively, you could seek an Independent Educational Evaluation (IEE), which is privately financed by the family. While the school district is obligated to take this evaluation into account when making decisions about the student's eligibility for special education and services, they aren't required to agree with the findings. Though they may finance the evaluation if an initial assessment was carried out and the parents disagree with the results.

An IEE may be pricey, but discounted evaluations might be available through university psychology programs. Many private evaluators also calculate fees on a sliding scale.

Regardless of the hurdles, don't abandon the idea of seeking a school evaluation for your child. Ensure the school is aware of the lengths you'll go to acquire an evaluation if needed. You won't stop until your child receives the evaluation that they're entitled to.

There may be a “Special Education PTA” in your district, or a local organization that can represent parents at little or no charge. These can help you with strategies and representation so that you can be the “squeaky wheel” on your child’s behalf. And know that even after the evaluation is completed, you will still have to work with the school’s Committee on Special Education or 504 team to have your child properly classified and to craft an effective IEP or 504 Plan to support their learning.

An evaluation is the key to opening the door to a wide array of services and supports. Getting this evaluation may be difficult, but it can be of enormous benefit to your child.

Susan Yellin, Esq. is the Director of Advocacy and Transition Services at The Yellin Center for Mind, Brain, and Education, in New York City.

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