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Eligibility

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Your school district (“the District”) does not want parents to know that it is relatively simple to have a child designated as eligible for special education.

 

  1. The District is legally required to conduct assessments of a child if the child’s parent sends a letter to the principal of the child’s school and if that letter formally asks for assessments of the child in specific areas.
  2. If the assessments performed by the District are inappropriate, the parent is entitled to ask for independent educational evaluations by outside evaluators at the expense of the District.
  3. 504 plans offered in place of making a child special-education-eligible are ineffective and virtually unenforceable.
  4. A child must meet two criteria for special education eligibility:

                                          i.     Does the child have a disability?

                                         ii.     Does the child “by reason thereof, need special education and related services”?

iii. In other words, does the child have anything that prevents the child from learning or is there simply evidence that the child is not learning.

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