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Nondiscriminatory Evaluation. Zero Reject. Knowing Your Rights A guide for individuals and advocates of Special Education By: Amy Mack. To ensure fair and comprehensive educational evaluations IDEA Education Requirements Tests are to be administered in native language

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Nondiscriminatory Evaluation

Zero Reject

Knowing Your Rights

A guide for individuals and advocates of Special Education

By: Amy Mack

  • To ensure fair and comprehensive educational evaluations
  • IDEA Education Requirements
    • Tests are to be administered in native language
    • Testing must be valid and appropriate
    • Multidisciplinary teams must be constructed for specific needs of the student and tested in areas of disability.
  • Student’s need to be referred before being tested for a disability.
  • Parents must be notified of their due process. (i.e. consent, information given, etc.)
  • Parent’s have rights to file complaints.
  • Reevaluation can take place every 3 years.
  • Evaluations must be completed within 60 days after parent consent
  • Goals are place in accordance with No Child Left Behind (NCLB)
    • Students in public school are able to perform learning goals while receiving free appropriate education.
  • States are required to identify, evaluate and education student’s with disabilities.
  • If you suspect or know that your child has a disability Local Education Agencies (LEA’s) are responsible to locate, identify and evaluate your child.
  • Zero Reject Law Protection and Eligibility:
    • Autism
    • Deafness-Blindness
    • Deafness
    • Hearing Impaired
    • Mental Retardation
    • Multiple Disabilities
    • Orthopedic Impairments
    • Other Health Impaired
    • Emotional Disability
    • Specific Learning Disability
    • Speech and Language Impairment
    • Traumatic Brain Injury
    • Visual Impairment Including Blindness
  • Students who are eligible for services are between the ages of 6-17 years.
  • Students can be evaluated and provided services until age 21.
  • School Districts are required to pay for residential placements (local area schooling.)
  • School Districts are required to develop IEP’s and follow through with FAPE requirements.
  • Minimum Competency Testing (MCT) provided for students with special needs.

  • Are you obligated to accommodate me?
  • What services can I receive?
  • What are my rights?


Least Restrictive

Environment (LRE)

Procedural Due Process & Parent Participation

  • Parents must be notified and consent must be given.
  • Consent must be given in writing.
  • Parent consent must be provided for preplacement special education evaluation, initial evaluation and reevaluation.
  • Surrogate parent can be appointed if child has no parent.
  • Parents have right to an IEE if they disagree with evaluation results
  • School must provide information for IEE at school cost.
  • Parent and school both have opportunity to request due process hearing.
  • Parents due process rights including being accompanied by legal representation.
  • HCPA allows parents to be reimbursed for legal services but will not be reimbursed if attorney is present at IEP process.
  • Section 504-- Federal statute that prohibits the discrimination of individuals with disabilities in programs receiving federal financial assistance.
  • Schools must provide reasonable accommodations and modifications to curriculum, instruction, behavior, and environment.
  • Accommodations are made on an individual basis.
  • Students with disabilities are entitled to education in a regular education classroom.
  • Students with disabilities should be educated with their non disabled peers to the maximum extent.
  • Students with a disability should only be removed from regular education classroom when severity of disability impedes on their learning and can be satisfied in a separate setting
  • Other LRE Activities:
    • Extracurricular
    • Meals
    • Recreation
    • Counseling
    • Athletics
    • Transportation
    • Recess
    • Special Interest Group sponsored by school

Free Appropriate Public Education (FAPE)

  • According to the 5th and 14th amendment parents and students are allowed due process.
  • Students with a disability are to receive services at public expense under public supervision to meet the standards of the state’s educational agency.
  • FAPE ensures that parents and students participate in educational decision making.
  • IEP goals set do not guarantee IEP objectives achieved by students.
  • Students with disabilities can not be excluded from an education.
  • Procedural requirements are to be met with FAPE parents should not excluded from their child’s IEP.
  • Parents cannot dictate curriculum method chosen by school to use.
  • IEP for student will be directed towards specified disability.


Parent Questions

and Resources

  • Parent Resource Program
  • 401 South Elm St. Appleton
  • 920-832-5161
  • Outagamie County Developmental
  • Disability Services
  • 401 South Elm St. Appleton
  • 920-832-5169
  • Arc of Neenah/ Menasha
  • 375 Winnebago Ave. Menasha
  • 920-725-0942
  • If you feel overwhelmed or have
  • questions these are a few local support
  • groups to aid families with disabilities.