Ask the Expert: Is My Child With Learning Disabilities Getting the Best Test-Taking Accommodations?

Children with learning disabilities can be granted extra time for test taking to accommodate their needs. Rachel Asher, Esq. and Julie Gaughran, Esq., of Asher, Gaughran LLP offer tips to make sure those accommodations are honored, fair treatment for children with learning disabilities, and how to become a better advocate. 

Q - My school-aged son, who has learning disabilities, is being denied requested accommodations during test-taking at his public school. How can I assess if my child is being accorded the necessary accommodations based on his needs? 

A- A good starting point is to have your son evaluated by a private clinician. A full psychoeducational evaluation will provide you with important information about your son's learning strengths and deficits. Perhaps your son's learning disabilities significantly impact his ability to read, and he needs instructions on exams read to him. A finding of significant attentional deficits could suggest that exams be given in a quiet location. I emphasize the importance of a private evaluation in addition to any evaluations that the school district might perform because, unlike some school district employees, a private clinician has no bias or pressure from the school administration to minimize learning deficits due to budget concerns.

In addition, once a private clinician has a first-hand understanding of your son's learning needs, he or she can provide useful advice regarding the appropriateness of the accommodations that your son is receiving.  In some instances, you can have some of the costs of a private evaluation paid by your school district. It is worth discussing this possibility with an attorney before committing to the evaluation.

Q - What recourse do I have if I feel he is not being treated fairly?

A- At the outset, you should consider seeking classification by the school district. If the district agrees that he is learning disabled, they should provide him with an IEP (Individualized Educational Plan) that will set forth the special education program and services that will be provided to him. Should the district fail to classify your son, or fail to deliver what it has promised in the IEP, you have a right to seek a due process hearing, which is like a trial, to obtain what your son needs.

Many times, there are measures that can be taken short of going to a hearing that will persuade the district to provide a child with appropriate educational services.  Consider consulting with a special education attorney to develop strategies for obtaining what your son needs.