Advocacy & Consulting for Education

How to Request an Evaluation:
Each State is different. Please check with your State's Department of Education regarding how to request an evaluation. This is the first step in the process of acquiring appropriate services for your child. In PA, if a parent makes an oral request for an evaluation, the State requires that they receive a within 10 calendar days of the oral request or issue prior written notice (NOREP) noting the reason why the request for evaluation has been denied. The purpose of this form is to provide written evidence of an evaluation request. However, if a parent issues an oral request, this form is not issued.

Obtain and Amend an IEP:
Again, each State's regulations are different. In PA, 60 calendar days after a PTE is returned to the District, an evaluation report is to be issued to the parents/guardian. If your child is found eligible for special education, the team should convene an IEP team meeting 30 days after the report. At the IEP team meeting, the IDEA has requirements for mandatory attendance. The child’s needs will be discussed as a team and goals will be set to address those needs. In addition to annual IEP review meetings, an IEP meeting may be requested at any time. At those meetings, progress and new concerns can be addressed. The IEP will be updated and revised if it no longer adequately addresses your child’s needs.

File a State Complaint Against the School Board:
Families have the right to benefits of procedural safeguards, and accordingly the Bureau of Special Education provides state complaint resolution procedures. Through this process, a complaint of non-compliance may be filed and could result in an investigation and corrective action. It is possible for the family to formulate its own remedy if the state reviews and questions the school and finds them to be non-compliant. This process begins by submitting a formal compliant form. Anyone may file this complaint.

Obtain a Gifted IEP:
Unfortunately, gifted children are not covered under IDEA. This means that states differ in their statutes and regulations regarding the rights of gifted children. For example, 22. PA Code § 16.2 (2) mandates “Gifted Education for each gifted student which is based on the unique needs of the student, not solely on the student’s classification.” First, request a multi-disciplinary evaluation to determine whether your child is gifted. The services available to your child will vary depending on the laws of the state in which you reside. It is important to become familiar with your child’s rights and the state requirements and responsibilities.