My School Refuses to Provide My Child an Appropriate Program and Services. What should I do?

Every situation is different and it is advisable to seek advice from a special education attorney. That said, it has been my experience that the initial steps most parents need to take is to obtain the support of a expert who will recommend a program and services that is appropriate for the child.

Sometimes this can be accomplished by simply requesting an assessment by the school district. For instance, if you believe that your child needs a service, such as speech and language, you can make a written request for a speech and language assessment. (See Sample Letters section of this website. The school will have to provide you with an assessment plan and perform the assessment within the time permitted by law in your state and under the IDEA.

If the dispute is broader and involves the placement, educational program, the teaching methods, the classroom environment etc, you will likely need the services of a private expert who has assessed your child. This expert will need to prepare a well written expert report describing your child's disability, how the disability adversely affects the education of the child, the unique needs of your child, and most importantly, the appropriate program and services. Using the expert's report and opinions, a parent can often convince a school to provide a better program and/or additional services.

Private experts can be expensive, sometimes costing thousands of dollars. For instance, private expert assessments in the Bay Area of San Francisco can often cost over $5000. In many cases, however, a parent can get the school district to pay for the assessment by requesting an Independent Educational Evaluation (IEE). Sometimes, it is necessary to retain the services of a special education attorney to assist you. In my experience, however, the attorneys' fees that the parent will incur to obtain the IEE are only about 20% of the full cost of paying for a private assessment. (See article on Independent Educational Evaluations on this website)

Once the IEE is completed and presented to the IEP team, the parent will usually be in a much stronger position to negotiate for an appropriate program and services.