Special Education Process

As a parent, navigating the special education system within public school districts for a child who may have brain differences associated with neurodiversity such as autism, ADHD, dyslexia, dysgraphia, and/or anxiety, can feel overwhelming. You may have questions about your child’s educational needs and what rights you have in securing appropriate intervention and accommodation services, how to advocate for the best possible support. The special education process involves assessments, academic planning, and identifying appropriate and needed services.  The IDEA and Section 504 Laws in Colorado are designed to ensure that children with disabilities or learning differences have access to a free and appropriate public education (FAPE). Understanding your rights as a parent and how to advocate for your child is crucial to ensuring they receive the education and resources they need to thrive.

Your Rights as a Parent within the Special Education Process

As a parent, you have legal rights that protect your child’s educational needs.  These rights are part of federal and state laws designed to safeguard students with disabilities (Specifically IDEA  and Section 504), including those with neurodevelopmental disorders like speech or language disorders, autism, ADHD, acute or chronic health impairments, learning disorders (such as dyslexia, dysgraphia, and dyscalculia), severe mental health conditions, and beyond.

1. The Right to Request an Evaluation: If you suspect your child may be neurodiverse and/or have brain differences that affects their learning or behavior at school, you have the right to request an evaluation through the school district. It is recommended that the request be made in writing and dated. The request is then received, and the district has a set number of days in order to respond and initiate the evaluation. For example, in the state of Colorado districts have 60-days to initiate the evaluation and 30-days to complete it. The evaluation should be comprehensive, looking at various aspects of your child’s development, behavior, and academic performance to determine if they are eligible as having a disability that impacts their learning.
2. The Right to Informed Consent: Before any evaluation or assessment begins, the school must obtain parent consent in writing. This ensures that you are fully informed about the process and agree to the evaluations taking place. The school should also explain the specific tests and assessments that will be conducted.
3. The Right to Participate in the Development of the Individualized Education Program (IEP): If your child is found to be eligible for special education services, an Individualized Education Program (IEP) will be created. As a parent, you have the right to actively participate in the development of the IEP, which outlines your child’s educational goals and the services and accommodations they will receive. In some cases, your child may not meet criteria for an IEP. However, the results of the evaluation may lead to the creation of a 504 Plan. The main difference between an IEP and a 504 Plan is that a child does not need specialized instruction, rather requires access to accommodations and modifications.
4. The Right to Dispute Decisions: If you disagree with the results, decisions, and determinations made by your child’s school team regarding their eligibility, interventions, accommodations, or subsequent placement, you have the right to challenge these decisions through mediation, due process hearings, or other legal avenues.  You also have the right to request an outside evaluation with licensed and qualified professionals. These outside unbiased evaluations are commonly referred to as   Independent Educational Evaluation (IEE). IEE’s are typically funded by the school district for the reevaluation of the areas that were assessed by the school district.

Five Actionable Steps You Can Take to Advocate for Your Child within  School Setting:

1. Educate Yourself About the Special Education Process: Knowledge is power when it comes to advocating for your child! Familiarize yourself with the special education laws, including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These laws lay out the legal requirements for schools to provide support to students with disabilities. Knowing your rights and the processes involved will help you feel more confident in discussions with school staff.
2. Build Relationships with Your Child’s Academic Team: Building positive relationships with your child’s teachers, counselors, and school administrators can go a long way in ensuring your child receives the support they need. Approach school staff as partners in your child’s education and maintain open lines of communication. Attending parent-teacher conferences, IEP meetings, and school events helps you stay connected with the school and provides you with the opportunity to ask questions or voice concerns.
3. Document Everything: Keep detailed records of all communications, meetings, and decisions related to your child’s education. This includes emails, letters, notes from meetings, and any assessments or evaluations. Having a written record will ensure that you can refer back to important information and will help you advocate for your child in a clear and organized manner.
4. Request Regular Updates and Progress Reports: Ensure that you are regularly informed about your child’s progress at school. It is best if these requests are made in writing (i.e., emails or letters) as it includes the date the communication was expressed. Request documentation that provides information about your child’s academic performance, social interactions, and behavior. If your child already has an IEP or a 504 plan in place, ask for periodic progress reports that specifically address whether your child is meeting their educational goals. If you notice differences between your child’s goals set forth in their IEP and your child’s progress, bring these up in meetings with the school team.
5. Collaborate with Other Professionals: In addition to school staff, you may find it beneficial to work with other professionals, such as psychologists, speech therapists, or occupational therapists, who can provide valuable insight into your child’s needs. If your child is receiving therapy or support outside of the school setting, collaborate with these professionals to ensure a holistic approach to your child’s development. Sharing assessments and progress reports with the school can help create a cohesive plan for your child’s education.

The special education process can be complex, but as a parent, you have important rights that ensure your child’s educational needs are met. By understanding these rights and taking proactive steps to advocate for your child, you can help ensure they receive the support, accommodations, and intervention services they need to succeed. Remember, the school system is there to support your child, and your role as an advocate is key in making sure that happens.

If you are concerned about your child’s development or learning, seeking an evaluation is the first step in securing the appropriate support.  Our team of psychologists at Elevated Insights Assessment have extensive experience providing comprehensive neuropsychological and psychoeducational evaluations which are tailored to identify your child’s unique strengths in order to promote their learning potential. Our licensed psychologists have worked with individuals, families, and school districts across the state of Colorado completing IEE’s and advocating for special education services and accommodations.

• To learn more about our services, please visit: https://elevatedinsights.org/services/
• To learn more about the laws in Colorado, please visit: https://www.cde.state.co.us/cdesped/iep
• To learn more about parents’ rights in the special education process, please visit: https://www.cde.state.co.us/spedlaw/psn_eng_2024aprl_accessible