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Assessment Archives

ARE STUDENTS ENROLLED IN PRIVATE SCHOOLS ENTITLED TO SPECIAL EDUCATION ASSESSMENTS AND SERVICES?

Our office receives a lot of questions about students who are placed in private schools. Are children enrolled in private schools entitled to special education supports and services? Generally speaking, students placed in private schools, including parochial schools, are not entitled to receive special education services under the IDEA from their District of residence. However, the IDEA does require school districts to spend a proportionate amount of funds for the provision of special education and related services to privately placed students with disabilities. Additionally, federal law requires school districts where the private school is located to develop a service plan for all students who are eligible to receive special education services.

IS A SCHOOL DISTRICT REQUIRED TO INFORM PARENTS OF SPECIFIC TESTS BEING USED WHEN EVALUATING OR REEVALUATING THEIR CHILD?

A common question that parents ask is whether a school district must provide them prior notice of the specific tests that will be administered to their child. IDEA regulations under 34 CFR 300.503, require that school districts must provide written notice to parents that include in part:

Special Education Assessment

One of the most critical steps to understanding your child's specific educational needs is obtaining appropriate assessments. Once your child has been appropriately assessed within all areas of need, both yourself and the IEP team will have a much better understanding of how to best maximize your child's learning potential. Therefore, it is important that all parents understand the legal requirement for school districts to comprehensively assess students in all suspected areas of need.

Appropriate Assessments for Your Child

One of the most critical steps to understanding your child's specific educational needs is obtaining appropriate assessments. Once your child has been appropriately assessed within all areas of need, both yourself and the IEP team will have a much better understanding of how to best maximize your child's learning potential. Therefore, it is important that all parents understand the legal requirement for school districts to comprehensively assess students in all suspected areas of need.

When Did I Waive That Re-Assessment?

Many parents are aware that their special education child is entitled to re-assessment at least every three years by the school district in all areas of suspected disability (called a triennial assessment). However, in many cases, children with special needs are provided an IEP every three years that is not accompanied by warranted re-assessment. The school district officials may say to you that your child doesn't need another assessment, or provide you with the child's present levels of performance and say that qualifies as an assessment. You may be wondering if that is appropriate or adequate?

Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
Anaheim Hills, CA 92808

Toll Free: 866-781-7723
Phone: 714-602-1498
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Toll Free: 866-781-7723
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