You don't have to wait for your child's teacher or school to suggest special education. As a parent, you have the legal right to request an evaluation at any time and the school must respond. Here's exactly how the process works in Florida.
STEP 1: PUT IT IN WRITING
Your request for an evaluation must be in writing. Send it to the principal or special education director at your child's school. Keep a copy for your records. Note the date you sent it.
STEP 2: THE 30-DAY RESPONSE WINDOW
Once the school district receives your written request, they have 30 days to either ask for your consent to evaluate your child, or notify you in writing that they will NOT evaluate your child and explain why (which you can appeal).
STEP 3: YOU GIVE (OR WITHHOLD) CONSENT
The district will ask for your consent before testing begins. You must be fully informed about what tests will be used and why. You can agree or refuse. Your consent is required.
STEP 4: THE 60-DAY EVALUATION PERIOD
After you give consent, the district has 60 calendar days to complete all evaluations. School holidays, weekends, and days your child is absent for more than 8 days do not count toward the 60 days.
STEP 5: ELIGIBILITY MEETING
After the evaluations are complete, the district must schedule a meeting with you to go over the results and determine whether your child is eligible for special education services.
STEP 6: IEP DEVELOPMENT (IF ELIGIBLE)
If your child is found eligible, an IEP must be developed within 30 days. You are a full member of the IEP team.
WHAT IF YOU DISAGREE WITH THE RESULTS?
You have the right to request an independent educational evaluation, paid for by the school district, if you disagree with the results of the district's evaluation.
If the school is not responding to your request, is delaying the process, or you need help understanding evaluation results, Florida Rural Legal Services Inc. provides free legal help to qualifying families. Call 1-888-582-3410 to get started today.