IEP Eligibility, Evaluations, and Parent Rights: Your Questions Answered

Do you know your rights? In this Ask the Advocate Q&A, Karen tackles the most common—and confusing—special education questions parents face, from eligibility and evaluations to services, placement, and what to do when the school says “no.”

In this episode:

• OHI vs. SLD — what they mean, how they’re determined, and why it’s not “either/or.”
• ADHD — 504 accommodations vs. when an IEP is warranted (instruction + goals).
• Refusals to evaluate — how to respond and why prior written notice matters.
• What data to keep — progress monitoring, BOY/MOY/EOY benchmarks, WCPM, math gaps.
• ESY (Extended School Year) — what it is (maintenance), what it isn’t.
• Preschool/ECSE & early labels — developmental delay vs. autism and consent for services.
• Dyslexia/dysgraphia/dyscalculia — where they fit under IDEA (and where they don’t).
• Records reviews & dispute paths — practical next steps when you hit a wall.

Key takeaways:

• Use data (not opinions) to drive decisions.
• Ask for comprehensive evaluations across all areas of suspected need.
• If testing is denied, request the decision in writing via prior written notice (PWN).
• When progress reports don’t match reality, bring your own data samples to the table.
• Behavior issues typically need instruction (SDI), not just accommodations.

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