If your child is in need of special education, the first step is getting him referred for special education services. The Individuals with Disabilities Education Act (IDEA) is the federal law that sets the basic standards for the operation of special education programs in the U.S. Although the IDEA establishes the general framework for the referral process for special education, each state has more specific details that should be consulted for a full understanding of the process.
Matthew Cohen, an attorney with the Chicago law firm of Monahan and Cohen and author of A Guide to Special Education Advocacy, has been representing children and families in special education and related problems for over 25 years. Cohen explains that most states' department of education have a website with a specific section for special education regulations and procedures. Information on the process can be obtained from the specific state. Parents can also ask the school district for a copy of the state's special education policies and for an explanation of the referral process.
The Referral Process
IDEA provides that children can be identified for evaluation for special education through several methods.
Cohen describes the following ways:
First, all public schools are legally required to engage in "Child Find," which means that the school district is required to identify every child from age 3 through 21 that resides in or attends a public or private school within the district that is suspected of having a disability and determine whether the child needs to be evaluated for special education. If such an evaluation seems warranted, the school must obtain written informed consent from the parent prior to conducting the evaluation.
Second, any member of the school staff may refer the student for evaluation for special education. When a staff person makes the referral, the parents must be notified, even if the school decides not to pursue the evaluation. If the school decides to conduct the evaluation, it must obtain written informed consent from the parent. If the school decides not to do the evaluation, it must inform the parents of the reasons for the refusal and of the parents' right to request a special education impartial due process hearing to challenge the refusal.
Finally, if the parents believe the child may need special education, they may make a written request for an evaluation, typically to the district's director of special education or the school principal. As with a referral from a teacher, the school is required to consider the parents' request. If the school decides to conduct the evaluation, they still must obtain the parents' written informed consent to the evaluation, including a specific description of the evaluation to be conducted.
Source:
Matt Cohen. Email correspondence/interview. April 28, 2009.
