The process usually starts when a parent is dissatisfied with the progress their child is making, or when there are attentional or behavioral problems in school, or when the child exhibits unusual behavior such as depression, anxiety, headaches, or other symptoms related to being in school.  The parent requests testing to determine what is going on. Sometimes the process may start with the school recommending an evaluation and/or special services due to their own concerns. 

Regardless of who initiates the process, the first step is the meeting of the Team, which consists of school personnel, the parents, the child if old enough, and outside specialists if called in to consult.  The Team attempts to work by consensus to determine eligibility for special services, and if eligible to define those special services and specify them in an individualized education plan (IEP).  The parents have specific legal rights, and may challenge determination of eligibility and/or the IEP.  This process is discussed in detail in the IEP Process Guide available on the Massachusetts Department of Education Special Education web site, http://www.doe.mass.edu/sped/.

Evaluation

It is important to note that if the parents disagree with the results of a school evaluation, they may ask for an outside evaluation, which may be partially or wholly funded by the schools.  However, depending on exactly how the school evaluation is conducted, there may be problems obtaining a comprehensive outside evaluation.  For example, schools rarely have a neuropsychologist on staff, yet a neuropsychological evaluation by a skilled, experienced clinician is often the best way to determine a child's full range of learning strengths and weaknesses.  If the school has not performed such an evaluation, they may not be obligated to pay for one by an independent clinician.

Some of the tests given by the school during a partial evaluation - such as the Wechsler (WISC-IV) cannot be repeated in less than six months.  This is a problem since any competent clinician needs to integrate the results of this important test with other test data to obtain a full diagnostic profile.  Comparable measures of intelligence often are less helpful, such as, for example, the Stanford Binet.

If you think an outside evaluation is something you may want to consider, we strongly recommend that you consult with the prospective evaluator before the school conducts any testing.

Mediation

The most common result is a consensus agreement amongst the Team members resulting in an IEP that the parents can sign.  However, if the Team cannot come to consensus, the next step is mediation.  Few parents will want to go to mediation without the assistance of one or more advocates, which may be an educational advocate, a psychologist, an attorney, or a combination.  In the last 20 years, we have had more than 150 cases go to mediation.

It should be noted that, when an out of district placement is appropriate, it is rare for the schools to agree prior to mediation.  Out of district placement is expensive.  Private tuition is expensive enough, but the cost of transportation can exceed the tuition.  We have successfully recommended out of district placement in a number of cases, but in the majority we have been able to obtain adequate services within the schools.

If mediation is not successful, the next step is a hearing before an administrative hearing officer.  The hearing officer has broad power to determine what is in the best interests of the child, and to order appropriate measures to be taken, up to and including out of district placement with all costs including transportation and attorney's fees to be paid by the schools.  In the last 20 years, we have had about two dozen cases go to hearing.

If either side remains dissatisfied after the hearing, they have the legal right to appeal to superior court.  Of the cases we have had go to hearing, only one is being appealed, by a school district which says they are acting "on principle," even though the program being offered did not meet the educational and emotional needs of the child.  Meanwhile, the child remains in a specialized educational setting, where he is making excellent progress.

Timing

Timing is an important consideration in the process.  Many private schools have filled their classes for the fall by January or February of each year.  Admissions past that date are usually on a space available basis, and any spaces that open up are generally because expected returning students do not turn up or unexpectedly move out of state.

We urge parents who are considering taking action to do so early in the fall, because they may need all the lead time they can get.  We can usually be responsive to requests for supporting services, but the number of requests for evaluations and for classroom observations rapidly fills up each March through June.  We can generally work something out, but we can do so much more easily from July through February of each year.