Federal law protects the educational rights of children with disabilities, regardless of income or immigration status. If you think your child needs support services in school, here’s what to do next:
Step 1: Register your child for school. Contact your local school district by calling their registration office or main district phone number. You can also walk into a public school in your neighborhood and ask how to enroll. (If your child is already registered for school, skip to the next step.)
Step 2: At the same time, request an evaluation for your child. Here is sample language you can use:
“I have concerns about my child’s development and I would like to have my child evaluated through the school system for preschool special education services.”
Step 3: After making an evaluation request, you should receive a consent form. Review, sign, and return this form as soon as possible. (Timelines vary by state: You should receive a consent form within 5 school days in Massachusetts, 15 in California, and 30 in Washington, D.C. If you don’t receive a response to your evaluation request within your state's required timeframe, call the special education office to follow up.)
What's Next?
Within 2-3 months* from the date you return the consent:
- Your child will be evaluated for special education services.
- School will schedule an eligibility meeting with you. (An interpreter must be present if English is not your preferred language!)
- If your child is found eligible for special education services, a second meeting may be scheduled to determine the specific services in your child’s Individual Education Plan (IEP).
- If your child is not found eligible for an Individualized Education Plan, ask about a 504 plan to accommodate your child’s needs instead.
*This exact timeline varies by state. In Massachusetts, evaluations must be completed with 45 school days from the signed consent. In California, schools have 60 school days to complete this step. You can find more information in your state’s special education law.
Questions You Might Have:
The school district says my child is too young to be evaluated. What should I do?
Legally, a child is eligible to be evaluated for preschool special education services once they are 2.5 years old or older. But some school districts prefer to wait until a child is closer to 3 years old. If your school district refuses to start the evaluation process until your child is older, make a note of the date you first contacted them and follow up monthly until your child receives their evaluation.
What is an Individualized Education Plan?An Individualized Education Plan, or IEP, is a legal document that lays out what types of educational supports your child will receive in school, based on the results of their evaluations. The IEP will include information like how many hours of services your child should receive, transportation they’re eligible for, and what level of support they’ll receive (for example, “push-in” or “pull-out” interventions, and small group or one-to-one support). As your child’s caregiver, you will be included in the process of developing the IEP and will be asked to sign off on it. You should not sign it until you understand what’s in the IEP and feel good about the support your child will receive. You have the legal right to interpretation services in IEP meetings and to receive a copy of the IEP in your preferred language.
What should I do if my child is not offered special education services?
To be eligible for special education services, your child must have a diagnosis that falls into at least one of 13 categories, such as a specific learning disability, autism, or a speech/language impairment. If your child is not found to be eligible for an IEP, they can still receive educational supports in school. Ask your child’s school if a 504 plan would be a good option. (A 504 plan lays out the accommodations available to your child to ensure that they are able to access their learning, and can cover a wider range of needs than an IEP.) You can also ask your child’s teacher about Multi-tiered Systems of Support, which are supports available to any child in school.
If you disagree with the school’s decision regarding your child’s eligibility for special education services, you can request an independent evaluation. (Be aware, however, that these evaluations must generally be paid for by the family, and school is not required to accept the results.)
What if school does not respond to my requests on the timeline noted above?
Delays are unfortunately common in this process. If you have not heard back from school within the required timeframe, repeat your request in an email and via the special education contact at your child’s school. You may need to advocate for your child. Summer is an especially common time to experience delays, so if you are requesting an evaluation in the late spring or summer, you may need to do extra follow-up.
What other rights do I have in the special education process?
The Individuals with Disabilities in Education Act (IDEA) protects your child’s right to a “free and appropriate education,” which means school must provide the supports your child needs to learn. The law also requires school to communicate with you about your child in your preferred language, and requires your permission to make any changes to your child’s support services. Learn more about your rights here.
What documents do I need to register my child for school?
Typically, school districts require:
- Proof of residency (such as a lease, Section 8 agreement, or utility bill with your address)
- Proof of your child’s birthday (such as a birth certificate or passport from any country)
- Your own ID (such as a license or passport from any country)
- Immunization records for your child
Learn more about what you’ll need to enroll in school, and what do if you’re missing some of these documents, here.
How else can I support my child’s learning at home?
Reading, talking, and counting with your child in your primary language is a great way to support their early learning at home. For more ideas in English and Spanish, visit The Busy Family’s Guide to School.
Colorín Colorado
This is a great English/Spanish website for families and educators of emerging bilingual students. Learn about supporting your child at home and more.
Understood
Our first stop for anything related to learning differences. This is a great place to look for initial guidance if you have questions about your child’s social-emotional development or their learning needs.
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Related Resources
5 Tips for Making the Transition from Early Intervention to Preschool
What Happens After Early Intervention?
What Parents Need to Know About School Registration