Maria: Can the school deny my request to have my child tested?
Evaluations: SCHOOL DENYING EVALUATION
Special Education Law and Advocacy
We were denied an initial special education evaluation. Our child has a letter from a doctor stating his visual impairment that can not be corrected with glasses. We also suspect our child is 2e with dyslexia and the LEA confirmed/agreed with hat we provided them with we should “assess around Dyslexia”. The LEA said we should proceed with a 504 evaluation as that’s the “right legal framework here”. In Vermont dyslexia is classified as a specific learning disability. Can they legally deny our request for a special education evaluation? We have the meeting recorded as does the LEA. It sounds like a predetermination that our child would not be eligible for an IEP before we even received a full evaluation to legally determine that. We have requested a PWN and have not received it yet.
You have the right to use the state dispute resolution processes to challenge this decision. You can information on these from the school, state education agency or your state parent training & information center. I suggest contacting your district special ed director, if you have not done so. http://www.parentcenterhub.org/find-your-center
Maria –
Yes, the school can deny your request for an initial evaluation. They can do so, for example, if they suspect that your child does not have a disability that meets the statutory definition.
If they do deny the request, however, they must provide you with a written explanation of why. This obligation is often called “prior written notice” or PRN
You have a right to dispute their denial by requesting a due process hearing. You may also elect to have your child evaluated independently, provide the results to the school, then ask them to reconsider your request. This route has the extra benefit of giving you evidence, if you should have a hearing.
I encourage you to connect with your local parent center (http://www.parentcenterhub.org/find-your-center/). They can help you understand your right to PRN, how to request a hearing, and other options you might have.