Eligibility Requirements for an IEP

My son was evaluated by our school district. They have scheduled a meeting to discuss the results and told us he did not meet eligibility requirements for an IEP. I disagree, what can I do?

In accordance with the federal special education law IDEA, you have a right to obtain and independent educational evaluation, also known as the IEE. This is an evaluation conducted by a qualified examiner who is NOT employed by the school district. This evaluation has to be conducted at no cost to you.  Many school districts have a list of evaluators if you are not familiar with anyone.  However, you may choose whomever you want.  It is wise to attempt to find an evaluator who is willing to go with you to the meeting to discuss the results. They can help make the case on why your child meets eligibility requirements for special education services.

You will want to inform the school in a letter addressed to the principal that you do not agree with the recent evaluations and want the IEE. You may even want to include a copy of the schools own procedural safeguards highlighting the section that states the right to an IEE.  It is best to hand deliver this letter and document whom you delivered it to and on what date it was delivered.