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ENESVI

Know your rights: free help comes first

In the US system, you do not start by paying. You start by asking — in writing. These are the federal basics; your state can add protections, and your state's federally funded Parent Center will help you free.

Child Find: the school's duty to look

Every school district must identify, locate, and evaluate all children with disabilities who may need special education — this duty is called Child Find. It covers children ages 3–21: preschoolers not yet in school, private-school and homeschooled children, and highly mobile or homeless children. Under age 3, the same idea runs through your state's IDEA Part C early-intervention program — and you can refer your own child, with no doctor's referral and no diagnosis needed.

How to request a school evaluation (ages 3+)

  1. Write it. Email counts. Date it, name your child, and say: "I request a full and individual evaluation for special education eligibility under IDEA. My concerns are: [2–3 specific examples]. Please send me the consent form." Keep a copy. Our letter generator writes this for you.
  2. Sign the consent form promptly. The clock starts at consent — not at your request.
  3. 60 days. Federal baseline: the evaluation is completed within 60 days of your consent, unless your state sets its own timeframe (34 CFR §300.301). If your child is eligible, an IEP meeting follows within 30 calendar days of that decision.
  4. If the school refuses, it must give you Prior Written Notice explaining why, plus a copy of your procedural safeguards (your rights). You can challenge the refusal — mediation and due process exist, and your Parent Center helps free.
The rule schools sometimes get wrong: interventions cannot be used as a waiting gate. The US Office of Special Education Programs said it plainly in Memorandum 11-07 (2011): "The use of RTI strategies cannot be used to delay or deny the provision of a full and individual evaluation… to a child suspected of having a disability." If you're told to "finish RTI first," you can quote that memo.

IEP vs 504 — which does what?

IEP (IDEA)Section 504 plan
ForA child who fits one of IDEA's 13 disability categories (autism is one) and needs specially designed instructionA child with a disability that substantially limits a major life activity, who can learn in general education with accommodations
ProvidesMeasurable goals, services (specialized instruction, speech, OT…), progress reportsAccess: extended time, breaks, preferential seating, assistive technology
ProcessAnnual review, reevaluation at least every 3 years, strong parent rightsFewer federal procedural requirements; many schools still write a plan and invite parents
CostFreeFree

A medical diagnosis does not automatically create school eligibility, and the school's own evaluation is what counts for services. You don't have to choose in advance — ask for evaluation under both IDEA and Section 504.

The free-help sequence (before any paid route)

  1. Ask the teacher for the MTSS data: screening scores, what Tier 2/3 intervention your child is getting (what practice, group size, minutes per week), and the progress graph — in a short email, so it's in writing.
  2. Use the medical route in parallel: developmental screening at the pediatrician (AAP recommends screening at 9, 18, and 30 months, autism screening at 18 and 24 months), plus hearing and vision checks.
  3. Under 3: call your state Part C program directly (cdc.gov/FindEI). Evaluation and service coordination are free.
  4. Age 3+: send the dated written evaluation request. Note the consent date; calendar day 60 and the 30-day IEP-meeting deadline.
  5. If refused or delayed: ask for Prior Written Notice + safeguards, contact your state Parent Center (free), and remember the OSEP rule above.
  6. Only then judge paid options — tutoring, therapy, private evaluation — with the same questions: What practice? What evidence for this age and need? What dosage? How is progress measured, and when do we change course if it isn't working? If you disagree with the school's evaluation, ask your Parent Center about an Independent Educational Evaluation at public expense.
Watch out for: 'cure' or detox products marketed for autism (chelation, chlorine dioxide/"MMS," detox clay baths, raw camel milk, hyperbaric oxygen for autism — assessed by the AAP and NCAEP as not proven safe or effective for those uses); facilitated communication where a facilitator supports the person's hand (different from independent AAC, which is evidence-based); restrictive diets sold as core-symptom treatments; 'learning styles' testing (a major 2008 review found no adequate evidence that matching teaching to a 'style' improves learning); generic brain-training and vision therapy sold as dyslexia treatment; and any high-cost package with testimonials instead of data, 'guaranteed' gains, or pressure to sign a long contract. Evidence-based providers can name the practice, cite its review, state the dosage, and show progress data.

Sources: IDEA & 34 CFR §300.301; OSEP Memorandum 11-07 (2011); Center for Parent Information and Resources, "10 Basic Steps in Special Education"; Wrightslaw on IDEA vs Section 504; CDC Early Intervention; Pashler et al. (2008), Psychological Science in the Public Interest.