What is a Learning Disability?

Learning disabilities affect a child’s ability to read, write, do math, socialize, and use or understand language. An individual with a learning disability may struggle in more than just one area. 

According to the National Institute of Health, learning disabilities “are caused caused by differences in the brain, most often in how it functions but also sometimes in its structure.” These differences may be present due to family traits, prenatal issues, trauma, or exposure to toxic substances. Because of the differences in the brain, the brain processes information differently. 

Learning disabilities are lifelong challenges, and learning disabilities not only affect a person in school but can also impact them at work and in their everyday activities. However, learning disabilities have zero to do with the student’s intelligence.  A person with a learning disability is not lazy or dumb. Their brains are simply wired differently. With the right tools, a student can still excel in their education, even with a learning disability!

The most common types of learning disabilities are dyslexia, dysgraphia, dyscalculia, apraxia of speech, central auditory processing disorder, and nonverbal learning disorders. However, learning disabilities can differ from kid to kid. One might find reading and spelling challenging, while another could be a book enthusiast but struggle with math. Then there’s the one who might have trouble grasping what others are saying or expressing themselves. The issues are diverse, but they all fall under the learning disability umbrella. 

If you think your child has a learning disability, you should request an evaluation. Don’t adopt a “wait and see” approach, which is common advice from schools and well-meaning friends. An evaluation can help both you and your child’s teacher know about your child’s strengths and weaknesses and open a “toolbox” of support to help your child shine. In addition, many schools won’t provide services unless an evaluation is done, so it’s a great first step into better understanding how your child’s mind works, and how they can be best supported in their education!  Under the Individuals with Disabilities Education Act (IDEA), parents have the right to ask for a FREE special education comprehensive evaluation for their child, even if you are homeschooling or in a private school. This is true nationwide! Check out our site for a detailed guide on how to make that initial eval happen. You can also reach out to Love Your School for input and support at [email protected]! If you’ve got more questions, we want to hear from you!

More Resources:

Common Symptoms of a Learning Disability – The Mayo Clinic 

CDC’s Developmental Milestones – The Center for Disease and Prevention

Learning Disability Basics – LD OnLine

Types of Learning Disabilities –  Learning Disabilities Association of America

Navigating Child Find: A Guide for Parents

As a parent of a student with special needs, navigating the educational landscape can sometimes feel overwhelming. One crucial resource you should be aware of is “Child Find.” This program plays a significant role in ensuring your child receives the support and services they need to thrive in school. Let’s break down what Child Find is, how it works, and how it impacts your kiddo.

What is Child Find?

Child Find is a component of the Individuals with Disabilities Education Act (IDEA), a federal law that ensures students with disabilities receive free and appropriate public education tailored to their individual needs. The purpose of Child Find is to identify, locate, and evaluate children who may have disabilities and need special education services. This program applies to children from birth through age 21 and encompasses a wide range of developmental stages.

How Does Child Find Work?

The Child Find process involves several key steps:

1. Identification: Schools and other educational agencies are required to actively seek out children who may have disabilities. This can include children enrolled in public, private, or home schools, as well as those who are homeless or wards of the state.
2. Referral: If a parent or professional suspects that a child may have a disability, they can refer the child for evaluation. 
3. Evaluation: Once a referral is made, the school is required to conduct a comprehensive evaluation to determine if the child has a disability and to identify their educational needs. This evaluation is provided at no cost to the parents.
4. Eligibility Determination: Based on the evaluation results, a team of professionals, including the parents, will determine if the child is eligible for special education services. If the child is found eligible, an Individualized Education Program (IEP) will be developed to outline the specific services and supports the child will receive.

How Does Child Find Impact Your Child?

Child Find is crucial because it ensures that children with disabilities are not overlooked and receive the support they need as early as possible. Early identification and intervention can significantly improve educational outcomes for children with disabilities. Here’s how it can impact your child:

1. Access to Services: Through the Child Find process, your child can gain access to special education services, therapies, and other supports tailored to their unique needs.
2. Individualized Support: If your child has a disability, an IEP will be created specifically for your child that sets personalized goals and outlines the services they will receive to help them succeed academically and socially.
3. Parental Involvement: As a parent, you are a vital part of the Child Find process. Your insights and concerns are integral to the evaluation and development of your child’s educational plan.
4. Legal Protections: Child Find ensures your child’s right to a free and appropriate public education (FAPE) is upheld. This means the school is legally required to provide the necessary services and supports for your child to access and benefit from their education.

What Can You Do as a Parent?

Being proactive and informed is key to ensuring your child receives the support they need. Here are some steps you can take:

1. Stay Informed: Understand your child’s rights under IDEA and the services available through Child Find.
2. Communicate: Maintain open lines of communication with your child’s teachers and school administrators. Share any concerns you have about your child’s development or learning progress.
3. Request an Evaluation: If you suspect your child may have a disability, don’t hesitate to request an evaluation. Parents have the right to request an evaluation for their child at any time.
4. Participate: Be actively involved in the evaluation process and the development of your child’s IEP. Your input is invaluable in creating an effective plan that meets your child’s needs.

Child Find is a vital program designed to ensure that children with disabilities are identified and receive the educational support they need. By understanding how Child Find works and engaging in the process, you can help secure the best possible educational outcomes for your child. Remember, you are your child’s strongest advocate, and your involvement is essential to their success. If you have any questions or need further information, don’t hesitate to reach out to [email protected]. We want to hear from you! 

More Resources: 

FAQs: Child Find – ADE

What is Child Find? – Understood.Org

The Child Find Mandate: What Does It Mean to You? – Wright’s Law 

Special Education Tip-of-the-Day: Evaluations/Meetings – Arizona Center for Disability Law

FAQs: Timelines –  Arizona Department of Education 

Evaluating School-Aged Children for Disability –  Center for Parent Information and Resources

Requesting an evaluation – Understood.Org

What is FAPE?

FAPE stands for Free Appropriate Public Education. It’s a crucial concept in education law that ensures all children, regardless of their disabilities, have the right to receive an education that meets their unique needs at public expense.

What FAPE Means:

1. Free: FAPE means that eligible children with disabilities receive their education without any cost to their families. This includes all necessary services, from special education classes to transportation and any related services that might be needed.
2. Appropriate: The education provided under FAPE must be tailored to meet the specific needs of each child. It’s not a one-size-fits-all approach. Instead, it considers the individual requirements of the student to help them achieve their educational goals.
3. Public: FAPE guarantees that these educational services are available in public schools and other public education settings. It ensures access to education in the least restrictive environment possible, meaning that students with disabilities should be educated alongside their peers without disabilities to the maximum extent appropriate.

Why FAPE Matters:

FAPE is essential because it ensures that every child, regardless of their abilities or disabilities, has the opportunity to receive a quality education. It aims to level the playing field and provide students with the tools they need to succeed academically and beyond.

Who Qualifies for FAPE:

Children who have been identified as having a disability that impacts their ability to learn and who require special education and related services are eligible for FAPE. This includes students with physical, cognitive, emotional, or developmental disabilities.

Ensuring Compliance:

School districts are legally obligated to provide FAPE under the Individuals with Disabilities Education Act (IDEA). This law outlines specific procedures and requirements that schools must follow to identify, evaluate, and provide services to students with disabilities.

If you have any more questions, feel free to reach out to [email protected]! We want to hear from you! 

More Resources: 

What is and isn’t covered under FAPE – Understood.Org

Download: FAPE at a glance – Understood.Org

The complete guide to understanding FAPE (Free Appropriate Public Education) – IEP Law Firm PC   

34 CFR § 300.17 – Cornell Law

What is IDEA?

IDEA, which stands for the Individuals with Disabilities Education Act, is a federal law that ensures children with disabilities have access to a free appropriate public education (FAPE) tailored to their individual needs. Let’s break down what IDEA means and why it’s important:

What IDEA Means:

1. Individuals with Disabilities: IDEA focuses on ensuring that children with disabilities have equal access to educational opportunities. Disabilities covered under IDEA include physical, cognitive, emotional, and developmental impairments that significantly impact learning.
2. Education Act: IDEA mandates that eligible children receive special education and related services designed to meet their unique needs. These services are provided at no cost to the child’s family and are available through public schools and other educational settings.

Key Principles of IDEA:

1. Free Appropriate Public Education (FAPE): Under IDEA, every eligible child with a disability is entitled to FAPE. This means they receive education and related services that are provided at public expense, meet state educational standards, and are tailored to their individual needs.
2. Least Restrictive Environment (LRE): IDEA emphasizes educating students with disabilities in the least restrictive environment appropriate to their needs. This means that, to the maximum extent possible, children with disabilities should be educated alongside their peers without disabilities.
3. Individualized Education Program (IEP): IDEA requires schools to develop an Individualized Education Program (IEP) for each eligible student with a disability. The IEP is a personalized plan that outlines the student’s educational goals, the services they will receive, and how progress will be measured.

Why IDEA Matters:

IDEA is crucial because it guarantees educational rights and protections for children with disabilities and their families. It ensures that these children have the opportunity to receive an education that meets their unique needs and prepares them for further education, employment, and independent living.

Who Qualifies Under IDEA:

Children who have disabilities that adversely affect their educational performance may qualify for services under IDEA. Eligibility is determined through a comprehensive evaluation process conducted by the school district, and services are provided from birth through age 21.

Enforcement and Compliance:

IDEA outlines procedural safeguards to protect the rights of children with disabilities and their parents. It requires schools to provide parents with notice of their rights, opportunities to participate in decisions about their child’s education, and avenues for resolving disputes.

If you have any more questions, feel free to reach out to [email protected]! We want to hear from you!

More Resources

What is the Individuals with Disabilities Education Act (IDEA)? – Understood.Org

About IDEA – DOE

IDEA – Center for Parent Information and Resources

What Is IDEA? A Guide for Educators and Parents

What is Section 504?

Section 504 refers to Section 504 of the Rehabilitation Act of 1973, a federal civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. Here’s what Section 504 means in the context of education:

What Section 504 Means:

1. Rehabilitation Act of 1973: Section 504 is part of the Rehabilitation Act, which aims to ensure equal opportunities for individuals with disabilities in various aspects of life, including education, employment, and access to government programs and services.

Key Aspects of Section 504 in Education:

1. Nondiscrimination: Section 504 mandates that schools and other recipients of federal funds cannot discriminate against individuals with disabilities. This includes providing equal access to educational programs, activities, and services.
2. Eligibility: Unlike IDEA, which focuses specifically on students with disabilities who require special education services, Section 504 protects a broader group of individuals. It covers individuals who have a physical or mental impairment that substantially limits one or more major life activities, such as learning, walking, seeing, hearing, or caring for oneself.
3. Accommodations and Services: Under Section 504, schools must provide reasonable accommodations and supports to ensure that students with disabilities have equal access to educational opportunities. Accommodations may include modifications to instructional methods, adjustments to classroom or testing environments, or the provision of assistive technology and auxiliary aids.

Application of Section 504 in Education:

1. K-12 Education: Section 504 applies to public elementary and secondary schools, as well as private schools that receive federal financial assistance. It ensures that students with disabilities have equal access to educational programs, extracurricular activities, and related services.
2. Postsecondary Education: Section 504 extends to colleges, universities, and vocational schools that receive federal funding. It requires these institutions to provide reasonable accommodations and accessibility measures to students with disabilities to allow them to participate fully in academic programs and campus activities.

In essence, Section 504 of the Rehabilitation Act ensures that individuals with disabilities have equal access to educational programs and activities funded by federal financial assistance.

If you have any more questions, feel free to reach out to [email protected]! We want to hear from you!

More Resources:

FAQs: Section 504 Accommodation Plans – AZED

How to get a 504 plan for your child – Understood.Org

Differences between a 504 Plan and an Individualized Education Program (IEP) – NEA

The Difference Between  IEPs and 504 Plans – CA SCDD

How to Get a 504 Plan, explained by a Special Education Advocate

Download our FREE Special Education Evaluation Resource Guide here!

You can obtain a special education evaluation privately (private pay) or through your school district (for free, even if you are homeschooled, at a private school, or on an ESA)! We have helped so many families go through the process! Start here to be connected with a Parent Support Specialist who will assist you every step of the way. Click here to download our FREE Special Education Evaluation Resource Guide!

How to Request an Evaluation (for free!)

1. Identify the School District to request from

There are different ways to request an evaluation from your local school, and it depends on a few factors:

1. Is your child attending a public school? (District or charter) if so – you will request an evaluation from the special education director at your school. It should be done in writing.
2. Is your child homeschooled or on an ESA and educating at home? If so – you will request an evaluation from the Director of special education at the District your child resides in (such as Scottsdale Unified etc). You can find this information online or we can help!
3. Is your child enrolled in a private school? If it’s a non-profit private school, you will request an evaluation from the Director of special education at the District the private school is in. If it’s a for profit private school, you will request an evaluation from the Director of special education at the District your child resides in (such as Scottsdale Unified etc). 

NOTE: If your child is enrolled in private school, you can notify the special education coordinator at the private school that you want an evaluation, but you can also start the process completely on your own by emailing your request to the district. 

Remember – the public school system is legally required under federal law to find and identify students with disabilities. This is why parents can request evaluations from districts, free of charge. It’s called federal Child Find. 

2. Document the Request in Writing

Your request to evaluate can be a few short sentences, but it should always be done in writing via email. You can look at this sample letter for guidance. We recommend you grant consent in your request for an evaluation. This is specific terminology that “Starts the clock” on your request. Sometimes, districts can delay a parent’s request by claiming they have not received consent from the parent. Putting this consent in your initial request makes it clear that you have given consent already. 

3. Be Clear

Clearly articulate the reasons for your evaluation request, offering specific details regarding concerns like academic challenges or behavioral issues. If your child has received a diagnosis from a doctor or another professional indicating a disability, include this information. In Arizona, the district has 15 days to schedule a “Review of Existing Data” meeting to discuss your request and look at any information you may have. It’s at this meeting a decision of whether or not to continue with an evaluation is made. 

4. Follow up if its been 5 days

If you have not heard back, send a follow up email in 5 days. If you can do “read receipt” on your email to show it was delivered and opened, do that as well. 

As mentioned above, the school must respond within 15 school days of receiving your evaluation request. The school may either deny or approve the request. Many families are not aware a school can deny your request. If this happens, you will get a “Prior Written Notice” or a PWN sent to you that says why they denied this request. You have rights and options if they deny your request – reach out to Love Your School at [email protected] to learn more if you’re denied an initial meeting to discuss evaluation. You can also read our article here: Evaluations: What if the School Says “No”?

More Resources:

Special Education Tip-of-the-Day: Evaluations/Meetings – Arizona Center for Disability Law.

FAQs: Timelines | Arizona Department of Education 

Evaluating School-Aged Children for Disability | Center for Parent Information and Resources

Requesting an evaluation 

Evaluations: What if the School Says, “No”?

The public school district or charter school can only deny an evaluation if they believe there’s no evidence that your child should be evaluated for a qualifying disability. This can happen before a Review of Existing Data Meeting, or after that meeting. 

If you believe the denial was incorrect, here are some steps to take.

1. Ensure your Evaluation Request was in Writing

Make sure your initial evaluation request is in writing. Your written request should clearly outline the reasons why your child needs an evaluation. This written record is a crucial document to the evaluation process. 

2. Ask for a Written Explanation

The school must send you a formal letter called Prior Written Notice (PWN) to explain why they are denying your evaluation request. If their reason for denying is unclear or incomplete, you may request more details that are in writing. The school may, or may not respond to this and may rely on the PWN document for legal purposes. 

3. Consider a Private Evaluation (at your expense)

You may want to consider a private evaluation so that you can better understand your child’s condition. This independent assessment, conducted by a professional unaffiliated with the school and funded by the family, can be shared with the school. However, the school is not obligated to agree with the results or implement the recommendations and you will have to pay for this on your own. 

5. Request Mediation

If the situation persists, you may consider requesting mediation with the school. Mediation involves a neutral third party assisting in reaching an agreement between you and the school.

6. File a Due Process Complaint

If the school remains unresponsive to your evaluation request, you can fill a due process complaint. This form is simple and you do not have to write pages and pages of information. In most cases you can complete it in 15 minutes! Many parents avoid this step because it can feel scary, but don’t worry! If you feel your request for an evaluation has been unjustly denied, you should file a state complaint. You can also reach out to Love Your School for input and support at [email protected]!

6. Consider Professional Help

For additional support, you can consult with an advocate or lawyer. While there is a fee involved, these professionals can guide you through the evaluation process and help you make informed decisions on the next steps to take. You can also reach out to Love Your School for input and support at [email protected]!

 More Resources:

Why your child’s school may deny your evaluation request

Advocates: Parent Support Arizona

Evaluations Part 2: Next Steps if the School Says ‘No’ – PAVE

Raising Special Kids

School Denies Evaluation Request – Smart Kids.

Can a School District Refuse to Evaluate a Child for Special Education?

How to Prepare for a ROED Meeting

The goal of an ROED (Review of Existing Data) meeting is to determine if there is enough information to suspect that the student may have a disability and need special education services. If an evaluation is deemed necessary, the next steps will involve a comprehensive evaluation and, if the student is found eligible, the development of an Individualized Education Program (IEP) to address their specific needs.

These are some questions you should answer as a parent before the meeting: 

1. Can you provide a brief overview of your child’s strengths and challenges?
2. Have there been any recent changes in your child’s academic performance, behavior, or social-emotional functioning?
3. Are there any previous assessments, evaluations, or interventions that have been done for your child?
4. Do you have any documentation or records related to your child’s academic performance, behavior, or medical history that may be relevant for the ROED meeting?
5. What accommodations, modifications, or support services are currently in place for your child at school?
6. What are your goals for your child’s education and how do you envision their needs being met in the school setting?
7. Are there any specific questions or concerns you would like to address me during the ROED meeting?

Here are some questions you should ask the special education team during the meeting:

1. What data sources have been reviewed for this student, including academic performance, behavior, and social-emotional functioning?
2. Based on the existing data, what specific concerns have been identified that may indicate a need for special education services?
3. Are there any areas where the student’s performance or development deviates significantly from their peers or expected progress?
4. What interventions, accommodations, or modifications have been tried to address the student’s identified concerns, and what have been the results of these efforts?
5. If an evaluation is recommended, what specific assessments and data collection methods will be used to determine the student’s eligibility for special education services?
6. How will the evaluation process consider the student’s strengths, as well as their areas of need?
7. What is the timeline for completing the evaluation and determining eligibility for special education services if the evaluation proceeds?
8. How will the parents be involved in the evaluation process, and how will they be informed of the results and any subsequent decisions about the student’s education?

IEPs and Evaluations… What’s the Difference? 

“IEP” and “evaluations” are two important yet distinct parts of your child’s education.

An evaluation, according to the law (20 U.S.C. 1414(a), (b), and (c)), uses valid testing to check if a child has a disability and identifies any educational challenges. If the evaluation shows your child qualifies for special education, an IEP meeting is held within 30 days to create the Individualized Education Program (IEP).

The IEP is like a plan for your child’s special education. It outlines the necessary support and related services that are essential to your child’s progress and success in school. It’s created by the IEP Team, which includes parents, at least one general education teacher familiar with the child, at least one special education teacher familiar with the child, a school district representative, a person interpreting evaluation results, and possibly others. You may always bring a friend or advocate with you to any evaluation or IEP meeting that you have at a school. 

The IEP sets goals, measurable outcomes, and details modified instruction (how does your child’s instruction need to change) along with timelines (by when should a child achieve a goal set in an IEP). The IEP Team should ensure that the plan is ready at the start of each school year (20 U.S.C. §1414(d)(2)(A)).  The IEP Team is required to review it at least once a year to see if goals are met, but a parent can call an IEP meeting formally at any time by emailing anyone on the team. The review should consider re-evaluation results, information from parents, the child’s anticipated needs, or other relevant matters. Sometimes, a school can forget to do a review, so it’s important for parents to set calendar alerts or make note of when you want to email the school to set the review.

If there’s a lack of progress in the child’s goals, the IEP Team should adjust the IEP. Arizona laws allow parents or the education agency to request a review in writing, which happens within 45 school days, at a date and time agreed upon by both parties. You can check out our detailed guide on our website on how to request an evaluation. 

 You can also reach out to Love Your School for input and support at [email protected]!

More Resources:

Process For Developing IEPs – Arizona Department of Education

Evaluations v. IEP Meetings: An Important Distinction – SchoolsKidsLawyer.Com

A Parent’s Guide to Evaluations, IEPs, and More – Learning Disabilities Association of America 

IEP Meeting Basics – Center for Parent Information & Resources

What is the Difference Between an IEP and a 504?

A 504 Plan and an Individualized Education Program (IEP) are both designed to support students with disabilities, but they have different purposes, eligibility criteria, and processes. Here are the main differences between the two:

Purpose:

504 Plan: A 504 Plan is designed to provide accommodations and modifications to students with disabilities to ensure they have equal access to education. It falls under Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against individuals with disabilities in federally funded programs (i.e. public schools). 

IEP: An IEP is a legally binding document developed specifically for students with disabilities who require specialized instruction. It outlines the student’s unique educational needs and specifies the services and supports necessary for them to make progress in school. 

Eligibility:

504 Plan: Eligibility for a 504 Plan is based on a broader definition of disability. Your child may qualify for a 504 Plan if they have any disability that hinders learning in a general education classroom. Due to the broad nature of the eligibility for the 504 Plan, your child might qualify even if they don’t qualify for an IEP. Many parents may not know that you can get a 504 a plan for anything from your child having allergies to medical and academic challenges. 

IEP: Eligibility for an IEP is determined under the Individuals with Disabilities Education Act (IDEA). Your child undergoes an evaluation to see if they qualify if they have one of the thirteen defined disability categories under IDEA, their disability affects their school performance, and they need specialized instruction. To learn more about requesting an evaluation, check out this guide on our website!

Development Process:

504 Plan: The development process for a 504 Plan involves a meeting between the student’s parents or guardians, school staff, and other relevant individuals. The plan outlines accommodations and modifications necessary for your child to participate in and benefit from the general education curriculum alongside their peers. Unlike an IEP, which must be a written document, a 504 Plan is not required to be formally written down. This means that the accommodations and modifications agreed upon for the student may be documented informally, such as through meeting notes or an informal agreement.

IEP: Developing an IEP involves a more comprehensive process. It is a written plan and includes assessments, goal-setting, and the creation of a detailed plan tailored to the student’s individual needs. The IEP team, which includes parents or guardians, educators, and specialists, meets regularly to review progress and make adjustments as needed.

Services and Supports:

504 Plan: A 504 Plan primarily focuses on providing accommodations and modifications to support the student’s access to the general education curriculum. These accommodations might include extended time on tests, preferential seating, or the use of assistive technology.

IEP: An IEP goes beyond accommodations to include specialized instruction, related services (such as speech therapy or counseling), and any other support necessary for the student to achieve their educational goals.

Legal Requirements:

504 Plan: Section 504 requires schools to provide equal access to education for students with disabilities, including the development of a 504 Plan if necessary.

IEP: IDEA mandates that eligible students receive an IEP, which provides a more comprehensive framework for addressing their educational needs.

Both 504 Plans and IEPs are designed to provide crucial support for students with disabilities, yet they each have unique roles and procedures tailored to individual needs. If you have any questions or need assistance navigating these processes, please don’t hesitate to reach out to [email protected]! If you have more questions, we want to hear from you!

More Resources: 

7 Steps to Getting a 504 Plan for Your Child – Understood.Com

The ABCs of a 504 Plan – Raising Special Kids

Process For Developing IEPs – Arizona Department of Education 

Requesting an Evaluation – Understood.Com 

Evaluating School-Aged Children for Disability – Center for Parent Information and Resources

How to Prepare for the IEP Meeting

An Individualized Education Program (IEP) is crucial, as it outlines personalized goals and support for students with disabilities. As a parent, preparing for your child’s IEP meeting is key to ensuring they receive the right support and opportunities to thrive in school. Here’s how you can navigate and effectively prepare for your child’s upcoming IEP meeting.

• Review the Evaluation Report

When you receive your child’s evaluation report, it might seem like a lot to digest. Take your time to read through it carefully. Highlight parts that stand out to you—areas where your child is doing well and areas where they might need extra help. Understanding this report helps you see the big picture of your child’s strengths and challenges. This knowledge is crucial because it forms the foundation for deciding what support your child needs in school.

• Identify Accommodations

Accommodations are tools or strategies that help your child learn better or more comfortably in school. Based on the evaluation report, think about what specific accommodations could benefit your child. For example, if your child struggles with reading, you might suggest extra time for tests or using audiobooks. If your child has difficulty staying focused, you could propose preferential seating near the front of the class or the use of fidget tools to help them concentrate. For children with sensory sensitivities, accommodations might include noise-canceling headphones or a quiet space for breaks during the school day. Being specific about these accommodations and explaining why you think they’re important helps the school team understand your child’s unique needs.

• Prepare Documentation

Gather all the papers and documents related to your child’s education: their current IEP, recent progress reports, grade reports, and any notes from teachers or therapists. These documents provide evidence of your child’s progress and challenges. Bringing them to the meeting shows that you’re informed and prepared to discuss your child’s needs effectively. They also are evidence to justify that your child needs the accommodations that you are proposing. 

• Resolve Issues Ahead of Time

Before the meeting, think about any questions or concerns you have. For example, if you want to tape-record the IEP meeting, make sure to disclose in advance that you will be doing so. It’s also helpful to talk to teachers or therapists beforehand to clear up any confusion. This way, when you sit down with the school team, you can focus on making decisions rather than dealing with surprises or uncertainties.

• Prepare Questions and Concerns

Imagine you’re preparing for a big presentation. Writing down your questions and concerns beforehand is like preparing your notes. It helps you stay organized and ensures you won’t forget anything important during the meeting. This way, you can advocate for your child effectively.

• Invite Support

Sometimes meetings can feel overwhelming. It’s okay to ask for support! You might invite a friend, family member, professional, education attorney, or advocate to join you. They can provide moral support and help you throughout the meeting. Having someone by your side can make a big difference in feeling confident during the meeting.

• Set Goals

Setting goals for your child’s education is like setting a roadmap. Think about what you want your child to achieve, both academically and personally. For example, complete a science project independently with minimal assistance, improve self-regulation by using calming techniques during stressful situations, or develop the ability to write complete sentences independently. These goals guide the development of the IEP and make sure it’s tailored to your child’s specific needs and aspirations.

• Communicate Your Child’s Needs

You know your child best. Prepare a short description of your child —what they’re good at, what challenges they face, and how they learn best. This helps the school team understand your child as an individual. Including examples of their work and evaluations from outside activities gives a complete picture of their strengths and areas needing support.

• Stay Informed

Understanding your rights and options in the IEP process is empowering. You have the right to request to see the school’s evaluations and proposed goals before the meeting. This knowledge helps you participate more confidently and ensures that you’re making informed decisions for your child’s education.

• Keep Your Child’s Best Interest at Heart

Ultimately, the IEP meeting is about what’s best for your child. It’s natural to feel passionate and sometimes emotional about their education. Stay focused on what will help them succeed academically and thrive socially. Your active involvement ensures that your child receives the support and opportunities they deserve.

By following these steps, you’re not only advocating for your child effectively but also ensuring that the IEP meeting is productive and focused on your child’s individual needs and strengths. Each step plays a crucial role in crafting a plan that supports your child’s educational journey and sets them up for success. If you have any questions or need help navigating this process, reach out to us at [email protected]! We want to help! 

More Resources:

The Short-and-Sweet IEP Overview – Center for Parent Information and Resources

The IEP: A Primer for Parents New to the Process – Smart Kids with Learning Disabilities  

How to prepare for IEP Meetings – FindLaw.Com

Download: Anatomy of an IEP – Understood.Org 

How to Organize Your Child’s IEP Binder – Understood.Org

IEP Meetings: Must Ask Questions – Smart Kids with Learning Disabilities  

6 Keys to Winning Over Your Child’s Team – Smart Kids with Learning Disabilities 

12 Tips for a Successful IEP Meeting – ADDitude Magazine

All About Independent Education Evaluations

An Independent Educational Evaluation (IEE) is a private evaluation by someone not working for the school that did your child’s first evaluation. Parents can request an IEE to receive another opinion about their child’s educational needs, especially if they disagree with the school’s evaluation.

Who conducts an IEE?

An IEE is conducted by a professional not employed by the school that conducted the original evaluation. While schools may provide a list of approved evaluators, parents can choose the evaluator if they meet the minimum qualifications. Additionally, an IEE must meet the same standards as a school evaluation. This includes ensuring that the evaluator’s credentials and the evaluation location are comparable to the school’s standards. The school is required to inform you about these standards. Apart from these requirements, the school cannot impose additional conditions or deadlines.

What areas does an IEE assess?

IEEs are not limited to evaluating a student’s cognitive, academic, and social-emotional areas. It may evaluate any skill related to the student’s specific educational needs, such as sensory needs, behavior, neurological functioning, etc. 

Do I have to pay for an IEE?

It depends. The school is obligated to fund the initial IEE or defend its evaluation through due process. Additionally, if the school funds the initial IEE, the school does not have to fund subsequent IEE evaluations. 

What’s the process for obtaining an IEE? 

Parents must formally notify the school in writing if they disagree with the school’s evaluation and request an IEE. The school is then obligated to fund the IEE or file a due process complaint defending its evaluation. To learn how to request an IEE, look at this article. 

What are the potential outcomes of obtaining an IEE?

Once the IEE is completed, the school is required to consider its results. Though they are not required to accept the results, schools typically do. At the very least, IEEs open the discussion for potential special education services. At the very best, this could lead to revised accommodations or overturning the school’s decisions.

In summary, IEEs provide parents with an avenue to seek alternative assessments of their child’s educational needs when they disagree with the school’s evaluation. These evaluations, conducted by professionals independent of the school, cover a wide range of educational domains and can influence decisions regarding accommodations and special education services. IEEs can empower parents to actively participate in the educational decision-making process and ensure the best outcomes for their kiddos. 

If you would like to request an IEE, check out this article! Additionally, if you would like more information or have questions about IEEs, reach out to [email protected]! We want to hear from you!

More Resources:

Independent Educational Evaluations: What? Why? How? Who Pays? – Whright’s Law 

Sec. 300.502 Independent Educational Evaluation – IDEA 

Private evaluations: What you need to know – Understood.Org

Private vs. school evaluations: Pros and cons – Understood.Org  

FAQs: Independent Educational Evaluation – Arizona Department of Education

Disagree with a school evaluation? An IEE is a great tool. – Law Office of Richard J Murphy 

How To Request an Independent Educational Evaluation

When a student with a disability is receiving or eligible to receive special education services under the Individuals with Disabilities Education Act (IDEA), the parents have the legal right to request an Independent Educational Evaluation (IEE) if they disagree with the results of the district evaluation. 

Thankfully, formally requesting an IEE is pretty simple! You simply must request an IEE in writing. Send an email today saying that you would like to request an independent educational evaluation at the district’s expense for your child because you disagree with the evaluation. Here is an article to browse for reference before you send your email.

Some school districts may contact you and say that they will provide an IEE on the condition that you explain why you disagree with the school’s evaluation. It is important to know that you do NOT need to give a list of reasons for why you disagree. That is NOT required by the law.  Your email should be brief – maybe 2 – 3 sentences and that is all. The school is required to respond promptly to your request. 

The school might agree to fund an IEE upon your request, or it could opt to challenge your request through a due process complaint and hearing to prove the validity of its own evaluation. While the school can inquire about your objections to its evaluation, it legally cannot demand an explanation or unduly delay providing the IEE at public expense or initiating the due process for defending its evaluation. 

Should the school proceed with due process and the hearing officer concludes that the school’s evaluation was appropriate, you still retain the right to an IEE but must cover the expenses yourself.

If public funds cover the IEE, it must meet the same standards as the school’s initial evaluation, including criteria such as location and examiner qualifications. These criteria must align with those used by the school for its evaluations. However, the school cannot impose additional conditions or deadlines regarding a publicly funded IEE.

If you would like to learn more about IEEs, check out this article! Also, if you need help navigating the IEE request process or need more information regarding IEEs, feel free to reach out to [email protected]! We are here to help!

More Resources:

Independent Educational Evaluations: What? Why? How? Who Pays? – Whright’s Law 

Sec. 300.502 Independent Educational Evaluation – IDEA 

Private evaluations: What you need to know – Understood.Org

Right to Obtain an Independent Educational Evaluation – Center for Parent Information and Resources

FAQs: Independent Educational Evaluation – Arizona Department of Education

Disagree with a school evaluation? An IEE is a great tool. – Law Office of Richard J Murphy  

IEE Request Letter 

Dear (Sped Director or School Administration), 

 I am writing to request an Independent Educational Evaluation for my child, NAME, DOB:_____, who was previously evaluated by the district. Respectfully I disagree with the findings of the evaluation as I do not feel it is an accurate representation of my child’s strengths and weaknesses. 

I am asking for a full psycho-educational evaluation as well as (include all areas of suspected disability from list below, however it should include all of the areas the school already tested)___________.  I have chosen the following providers to complete the IEE:___________________________________(include a provider for each eval you are requesting: psycho-educational, speech, FBA, OT, etc) 

They can get you all of the necessary paperwork needed to be a vendor/Qualified Provider if they are not already on your list.  

In order to keep records of this process, please reach out to me via email if you have any questions or need anything further from me. 

 Thank you, 

Areas to consider: 

*Psycho-educational Evaluation always includes Cognitive and Academic so there is no need to specify those. 

*Cognitive: Refers to the mental processes involved in acquiring, processing, understanding, and using information, including attention, perception, memory, language, and problem-solving skills.

*Academics: Refers to the skills and knowledge related to reading, writing, mathematics, and other core subject areas taught in school.

Social/Emotional: Refers to the ability to interact with others in a positive and appropriate manner, regulate one’s own emotions, and form healthy relationships.

Executive Functioning: Refers to a set of cognitive processes that are necessary for planning, organizing, initiating, and completing tasks, including working memory, cognitive flexibility, and inhibitory control.

Functional Behavioral Assessment: Refers to a process for identifying the underlying causes of challenging behavior such as school refusal and developing strategies to address those causes. (This assessment is primarily used in the school setting for developing a behavior plan as a part of an IEP). 

Adaptive: Refers to the ability to perform everyday activities and tasks, such as dressing, eating, and personal hygiene, independently and appropriately.

Autism: Refers to a neuro-developmental disorder that affects social interaction, communication, and behavior. Areas of concern under ASD include irregularities and impairments in communication, engagement in repetitive activities and stereotypical movements, resistance to environmental change or changes in daily routines, and unusual responses to sensory experiences. 

Functional Vision and Hearing: student’s visual and hearing abilities and how they impact learning and academic performance.

Speech/Language: Refers to the ability to communicate through speech and language, including understanding and using language, social pragmatics (the use of language in social situations), and nonverbal communication.

OT (sensory, fine motor): Refers to occupational therapy, which focuses on helping individuals develop the skills necessary for daily living and functioning, including sensory processing, fine and gross motor skills, and self-care tasks.

PT (gross motor): Refers to physical abilities: The PT will assess the student’s strength, range of motion, balance, coordination, and mobility to determine the impact of the student’s physical impairment on their ability to participate in educational activities. (At time gross motor skills can be looked at during an OT evaluation) 

Proportionate Share 

Under IDEA, public school districts are required to find and assess students with disabilities whose parents have enrolled them in private schools or are homeschooling them. The districts need to report the number of these students. Based on this count, they receive a portion of federal special education funds and required by 34 C.F.R. §§ 300.132 and 133 to provide equitable services to parentally-placed private school students with disabilities.

What are Equitable Services? 

Equitable services are special education and related services for private school students with disabilities.

Who Qualifies? 

According to 34 CFR § 300.130, a student with a disability who was placed in  a K-12 private school by their parents and requires educational support due to their disability. The private school may be nonprofit elementary or secondary schools and homeschool programs. This includes families who are utilizing the Arizona Empowerment Scholarship Account program and families in other states besides Arizona. 

Who Doesn’t Qualify?

Private school students with disabilities who were placed in private schools by the district are not eligible for funds. This is known as “district private placement”.  Additionally, it excludes children with disabilities covered under specific federal regulations. 

How Do Students Get Equitable Services? 

To receive equitable services, your child needs to demonstrate the necessity for special education support. Instead of getting a Individualized Education Program (IEP), private school students with disabilities who are designated to receive equitable services need a service plan. This plan, mandated by 34 C.F.R.§ 300.132(b), is developed by the school district where the private school is located. Per 34 C.F.R. § 300.138(b)(1), the plan outlines the specific special education and related services your child will receive based on the district’s offerings for private school students with disabilities. The first step is to email the district and schedule an evaluation. If you already have a district evaluation, you need to email the director of special education and request a meeting to discuss “proportionate share/ equitable services” for your child. 

What does the Process Look Like?

When a child with a disability attends a private school and will receive special education or related services from the district where the private school is located, the district is mandated to organize meetings for developing, reviewing, and revising a services plan for the child. It is required that a representative from the private school attend these meetings. Furthermore, according to 34 C.F.R. § 300.138(b)(2)(ii), the services plan must undergo an annual review and revision process.

How are Funds Determined? 

Funds are determined by the public school district following consultations with private school representatives. The amount allotted for each student’s services is decided based on discussions regarding individual needs, available resources, and the planned services. Once these funds are exhausted, the public school district’s financial obligation for that school year concludes. For example, a district may say “your child qualifies for up to $2000 in speech therapy appointments” and then you choose from their list, or select your own speech therapy provider. The district is allowed to say the therapy has to happen at their school, with their provider, although that is not always the case. 

 However, it’s important to note, as per 34 C.F.R. § 300.138(a)(2), that these students do not have the right to receive all the special education services provided in public schools. Thus, some private school students with disabilities may receive no services while others do.

More Resources: 

FY24 ESS October 1 Parentally Placed Private School Students – AZ Department of Education 

FAQs: Proportionate Share/Equitable Services – AZ Department of Education

Questions And Answers On Serving Children With Disabilities Placed By Their Parents In Private Schools – Office Of Special Education And Rehabilitative Services Office Of Special Education Programs  

Speciality Meetings

• Parent/Teacher Conferences

1. 1. • General Parent/Teacher Conferences: These are regular meetings held at least twice a year between parents/guardians and teachers. The purpose is to discuss the student’s progress, address any concerns, and provide feedback. These meetings usually last 10 to 15 minutes.
      • Individual Parent/Teacher Conferences: These are scheduled if there are specific issues that require more time and attention. Either the parent/guardian or the teacher can request these meetings. They may include additional participants like administrators or counselors to address specific concerns.

• Teacher Assistance Teams (TAT)/Child Study Teams (CST)/Student Support Teams (SST)

1. 1. • These teams consist of teachers, specialists, and other school staff who collaborate to support students facing academic or behavioral challenges.
      • They meet to develop strategies and interventions to help the student succeed in school.

• Multidisciplinary Evaluation Team (MET)

1. 1. • Review of Existing Data (RED) Meetings: These meetings involve reviewing a student’s current data to determine if additional assessments are needed to understand the student’s educational needs better.
      • Multidisciplinary Evaluation Team (MET) Meetings: These meetings involve various specialists who come together to evaluate a student to determine if they are eligible for special education services. The team includes professionals such as psychologists, special education teachers, and speech therapists.

• 504 Eligibility Determination and Plan Development Meetings

1. 1. • These meetings are held to determine if a student qualifies for accommodations under Section 504 of the Rehabilitation Act. If eligible, a plan is developed to provide the necessary accommodations to ensure the student has equal access to education.

• Individualized Education Program (IEP) Team Meetings

1. • Initial IEP Meetings: These are the first meetings held to develop an IEP for a student who has been found eligible for special education services.
   • Annual IEP Meetings: These meetings are held once a year to review and update the student’s IEP to ensure it continues to meet their needs.
   • Review IEP Meetings: These meetings can be requested at any time to review and make necessary changes to the student’s IEP.
   • Manifestation Determination Meetings: These meetings are held if a student with an IEP faces disciplinary action to determine if their behavior is related to their disability. The team decides if the student’s IEP needs to be adjusted to better support their needs.

Resource:
ADE; Navigating the School System; Collaborative Efforts Around Specialty Meetings and Other Collaborations; Flow Chart; Page 56 

Education Intervention Process 

The Educational Intervention Process helps parents and teachers figure out how to help a student experiencing challenges in school, step by step.

• Recognition of Educational Problems

• Parents or teachers notice signs of educational challenges when the student has lower grades, attendance issues, or behavior changes in a student.
• The parents or teachers request a meeting to discuss these concerns and understand their seriousness.

• Creating an Initial Plan

• Parents and teachers work together to make an intervention plan.
• This plan includes watching closely how the student does, trying new ways to help, and setting a timeline to check progress.
• Examples of “trying new ways to help” could be better communication between the family and teacher, changing how the classroom is set up, or making assignments easier.

• Checking if the Plan Works

If the first plan doesn’t help enough:

• Teachers might ask other teachers for ideas.
• They might also ask other people who know the student, like family, for help.
• The teachers may ask school-based professionals and specialists to help design appropriate interventions as well. 

If the problems are because of things outside school, they might ask people from outside the school to join the plan.

• Thinking About Special Help

If the plans still don’t help enough, or if the student needs more help than the school can give:

• They might test the student to see if they need special accommodations, like special education classes.
• If the student needs special education services, they will make a written plan for their education called an Individualized Education Program (IEP).

• Other Ways to Help

If the student doesn’t qualify for special education services but does need additional accommodations, they can get special services to help them in regular classes. They can ask a person at school called the 504 Coordinator for these accommodations. 
Resource:
ADE; Navigating the School System; Education Intervention Process Flowchart, Page 28