The Long Island
Advocacy Center
for the legal rights of students and individuals with disabilities serving Nassau and Suffolk
Education HELP
Q Someone at my child’s school told me that my son/daughter scored too high, and therefore is too smart to qualify for special education, yet my child is not doing well. What can I do?
A. You have a right to have your child evaluated. The decision must be made by the entire committee on special education (CSE). Put your request in writing and send it to the Director of Special Education return receipt requested.
Q. Are all kids with learning disabilities entitled to special education services ( FAPE - Free Appropriate Public Education)?
A. To be eligible, a child with a disability must meet one of IDEA’s thirteen classification categories and because of the disability need special education services to benefit from the general education program. If the CSE (committee on special education) decides your child meets these two requirements, then an IEP (individual education plan) is developed.
Q. When is the district required to pay for a private evaluation?
A. By definition, an independent educational evaluation (IEE) is conducted by a qualified professional who is not an employee of the school district. Parents may request an IEE paid for by the school district when they disagree with the school district’s special education evaluation. In response to your request for an IEE, the district must take one of two actions: (1) Provide the IEE at public expense, or (2) Initiate a due process hearing to show the district’s evaluation was appropriate