You Lost the First Round. Now It’s Time to Fight for What You Know Your Child Deserves
I was recently approached by a colleague from law school who had a question based on a situation that involved a family friend’s son who was denied speech therapy services by his public school.
Let me preface this by stating that I believe that children deserve every possible service that they are entitled to from the public school district. Unfortunately, a lack of parental preparedness or understanding of special education law from the outset, can jeopardize this goal.
Many parents, especially those that have never been through the special education process, may assume that the school will provide them with whatever services they need. However, there are circumstances behind the scenes, like the speech therapist’s existing caseload, that often take precedence over a child’s needs. Sad and unfair, but true.
In order to overcome this all-too-common occurrence, parents must come prepared from day one — leaving the school district with no other choice but the right one.
But this doesn’t always happen and the district often denies services. In the event of a denial, parents do have some recourse.
Re-evaluation by the District
Parents have the right to request a re-evaluation. Keep in mind that this evaluation will most likely be done by the same district personnel who initially evaluated the child. With the same evaluator, same type of evaluation, same child, and same school district pulling the strings, you can pretty safely expect the same result.
Independent Evaluation
Parents are also entitled to an independent evaluation, performed by a professional who is not employed by the district. However, the district may not just rubber stamp its approval, and can file an impartial hearing to delay — and perhaps defeat — this request. What is more, professionals are paid according to a below-market rate set by the district for the private evaluation.
The obvious problem with this arrangement is that the evaluator must be someone who is willing to accept the district’s low rate. The parent will likely receive a list of such providers — some of whom may presumably be unable to find clients at the market rate.
Even then, school districts can, and often do, dispute these evaluations.
Private Evaluation
A private evaluation is also a good option for parents, though it is an out-of-pocket expense. This is far and away the most effective method of getting the services that the child deserves.
The private evaluation will paint a complete and indisputable picture of a child’s needs, and as a result, the district will have tremendous difficulty shirking its responsibility.
Take-away for Parents
So what’s the bottom line? You have to play the game. And in order to win, you have to outsmart all the other players.
Navigating this system requires learning the personalities of the people involved in the decision-making process and leveraging those personalities to achieve the desired result in the district’s bureaucracy. The district’s ultimate goal is to literally close the folder on your child. So if you miss a deadline, the party line from the district will be that it’s not their fault because you were late to respond. Conversely, it is important to remember that being too aggressive may result in a fast-tracked evaluation, which could limit your ability to fully prepare.
Walk the line. Know what you want. And make sure you have what you need to prove your argument.
We understand and share your frustration. Contact us for assistance.
Marc Gottlieb
Partner
195 Montague Street
14th Floor
Brooklyn Heights, NY 11201
Marc@gottliebfirm.com
(646) 820-8506