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Five Powerful Tools #1 – The Right to Request Assessments

“Child Find” is the term used to define the obligation of public schools to look for struggling students that might have a learning disability. Despite that obligation, most school assessments are initiated due to parental requests. If you suspect your child’s struggles with school, anxiety, depression, or school refusal may stem from an undiagnosed learning disability, you should request your school conduct assessments. From the time you request assessments your school has fifteen days to prepare an “assessment plan.” The plan is a simple one-page document that identifies the areas for assessment and the classification of who will conduct the assessments. The assessor has the right to choose what “instruments” they will utilize. Most initial assessments will include some or all of the following:

Health – Hearing and Vision testing conducted by a school nurse (If there are more substantial health issues providing diagnoses and supporting medical records is appropriate)

Cognitive – Measures of cognitive ability, commonly referred to as intelligence. While we commonly think of IQ as a single measure, there are several different components of cognitive ability. Discrepancies between these components, like visual/special, fluid reasoning, verbal, working memory, and processing speed can tell a lot about how a student learns and challenges they may face. These tests are usually required to be performed by a School Psychologist at a minimum.

Academic – Tests measuring the basic areas of learning, reading, writing, math, oral expression, general knowledge. Discrepancies between academic levels and cognitive abilities can be an indicator of a learning disability. This testing is typically conducted by a special education or resource teacher.

Speech and Language – Tests that can range from articulation issues, expressive and receptive language problems, to pragmatics and social communications. Common disorders like autism, PDD-NOS, and dyslexia often can be identified by assessments falling under speech and language. These tests should be conducted by a Speech and Language Pathologist.

Motor Development – Gross and fine motor issues which can impact balance, coordination, object manipulation, writing, and perception. These assessments will be conducted by an Occupational Therapist.

Social/Emotional – These assessments are often in the form of questionnaires filled out by parents, teachers, and the student and evaluated by a psychologist or school psychologist. They are designed to identify emotional issues like anxiety and depression as well as social issues like aggression and withdrawal.

Adaptive/Behavioral – Tests of functional abilities and behavior problems that may impact a student’s learning and development. J May be conducted by a psychologist, school psychologist, or a board-certified behavior analyst (BCBA)

Transition – Assessments that target a student’s level of preparation for transitioning from K-12 school to post-secondary education, jobs, and independent living. Typically used after a student turns 14-16 to draft a transition plan to support these important areas.

Once you approve and return the signed assessment plan, the school has sixty days to complete the assessments and hold an IEP meeting to consider the assessments and determine eligibility for services, supports, and accommodations under the IDEA or section 504. A school may not conduct assessments without a parent’s approval. Once eligibility is established under the IDEA, schools are legally required to assess students with IEPs every three years. This “triennial” pattern of assessments mandated by the law. However, parents are empowered to request assessments “not more often” than annually. It is important to realize that the law requires the school assess in every known or suspected area of disability. Many different areas are commonly tested, and you can specify the areas you want to be evaluated. But, you don’t have to be an expert in assessments, just lay out your area of concern. Use examples of deficits or challenges that are impacting your child at school, or while doing homework to place the school on notice of the type of issues that require further examination.

Good, thorough assessments are the key to crafting appropriate services and supports to allow a student with a learning disability to succeed in school.

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David Tollner's avatar

About David Tollner

David brings his trial experience as a litigator, unique knowledge of special education process and services, and formidable passion to his special education practice. David has served as Executive Director of Pacific Autism Center for Education (PACE) and Rebekah Children's Services. David opened Tollner Law Offices in 2007 and has since built it into one of the largest disability law firms in Northern California, serving children and adults with special needs.

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As a single mom who was lost with what to do for my son and his educational needs, David made everything very clear.

Fremont, CA

Tollner Law firm exceeded my expectations. I was referred to them from a reputable child advocate and I am so glad I chose them to represent my child’s case against our school district. I was very impressed by both Bonnie Yates and Devan Brothers. I appreciate their dedication and team work. Devan stayed on my case as we took it to the next level. They always seem to put the “client” first by making sure I had a clear understanding of the litigation process. Also both were very experienced, symp… Read more

LAUSDSan Pedro, CA

David was very knowledgeable and professional from day one. His knowledge of the nuances of the legal process and the investment he made in understanding the specifics of our case was exemplary. Throughout the process, we felt that he had the best interest of our child in mind. Our early sense was that we were in safe hands when we signed up with him and this was confirmed through all our interactions and, ultimately, when we got the desired outcome for our child in the case.

CUSDcupertino

Amanda was an excellent guide down an intimidating path to secure an appropriate level of educational support for our child.
We could not have navigated this process without her.
Amanda was patient, thorough, and we always knew that she had our best interest as her top priority.
We are so grateful.

Burlingame School DistrictBurlingame, CA

We were able to reach a satisfactory settlement agreement to avoid due process in our case. We continue to have an NPA provide behavior services for social skills, which is extremely important to us.

We love working with Bonnie! She has been wonderful, and we would highly recommend her.

Torrance Unified School DistrictTorrance, CA

Amanda was also very helpful when David wasn’t around. Sometimes God provide us angels to guide us in our most painful time of need and I truly believe David was that angel. We have been struggling for the past 3 years following the recommendations of the school district. We needed external help where our daughter could be in a structured environment where trained and compassionate individuals were there to help her 24/7. David is a very skilled Special Education attorney but what impressed me m… Read more

The knowledge & experience of our attorneys were invaluable. We felt supported & confident as Bonnie walked us through this difficult process. A fair settlement was reached reasonably quickly during mediation. We were very grateful not to have to go to hearing.

Oak Grove & Santa Clara County Office of EducationSan Jose, CA

Where to begin. Our child has had an IEP since second grade and never really got the type or level of support she needed. We finally had enough of her IEP team dragging their feet and seemingly talking in circles and hired a special educational lawyer. Unfortunately, our initial lawyer didn’t seem to “get” our child or her needs. After a year, we turned to Tollner Law Offices and worked first with James S. and then with David T. to evaluate and help remedy our child’s situation.

David and his te… Read more

San Jose Unified School DistrictSan Jose, CA

If you are tired of being pushed around by a district and your kid is suffering, David’s your guy. I could have said this in a more eloquent and less abrupt fashion, we have been through so much with SJUSD and were relieved that we were able to come to a satisfactory ending. Thanks again David!

San Jose, CA

Attorney Amanda O’Neal goes above and beyond! She helped me resolve my complicated child special needs issues with the school district, or with any questions, I might have. She is extremely patient and thorough, updates were always available.
She helped keep me calm through the whole process. I was truly blessed to have had the opportunity to work with Amanda O’Neal, she is awesome!!
I wouldn’t think twice about recommending Attorney Amanda O’Neal, extremely knowledgeable and easy to work wi… Read more

Belmont-Redwoodshores DistrictBelmont, CA

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