INCLUSIVE FAMILY
days. States cannot lengthen the timeline.

At the meeting, the team will review all
assessments and discuss eligibility for spe-
cial education services. If your child is found
eligible, the school has 30 days to develop an
Individualized Family Service Plan (IFSP)
or Individualized Education Program (IEP)
plan. Additional tips on how to prepare for
an IEP meeting can be found in the article,
“How to Prepare for an IEP Meeting” in the
August 2022 issues of on Baltimore’s Child ,
Washington FAMILY and MetroKids, and in
the August/September 2022 issue of Freder-
ick’s Child.

What to do if the school system
says ‘NO’ to your evaluation
request If your child is denied an evaluation, there
are a few steps you can take. First, ask for a
Prior Written Notice (PWN). The PWN is
a document that the school completes after
all special education meetings. In the PWN,
the school system must include why the
request for an evaluation was denied. This
then goes in your child’s file, and you get a
copy for your record.

Watch this video on YouTube for more details:
youtube.com/watch?v=-txCO3Qhi04&t=14s Next, request an Independent Education
Evaluation (IEE) at public expense. This
means the parents choose the evaluator and
the school system pays for the evaluation,
with some limits. IDEA §300.502 states that
parents can request an IEE if they disagree
with a school’s evaluation. The school has
two options:
1) File a due process complaint stating that
the evaluation is appropriate; or
2) Authorize an IEE
There are some limitations on the IEE,
but the above are the two options parents
or guardians can expect in response to
making the request. If the school says no
to an initial evaluation, there is no appro-
priate evaluation, meaning the child’s
parents would almost certainly win if the
school files a due process complaint. Most
likely, the school will either agree to evalu-
ate or authorize an IEE. If the school does
not respond at all, parents can file for a due
process hearing.

Advocate for your child
Parenting is hard. We all want what is best
for our children and are their best advocates.

Trust your gut. Reach out for help and do not
take no for an answer. Whether your child
has developmental delays or not, an evalua-
tion will give you answers. These answers will
guide your next steps in helping your child
reach their highest potential. Remember, sup-
port is available, so you do not need to do it
all alone. T
Frances Shefter, Esq., is the CEO and Founder
of Shefter Law, PA based in Rockville, Mary-
land. The firm’s only area of practice is special
education law, providing legal services in MD,
DC and FL and advocacy services nationwide.

To have a Stress-Free IEP™ experience, contact
her at 301-605-7303 or visit shefterlaw.com to
book a consultation.

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