Support for Children's Rights to A Timely Evaluation

Since 2011 the Office of Special Education has repeatedly issued directives for school districts to stop delaying a child's right to an evaluation via mandating completion of a lengthy response to intervention before a referral for special education can be made. The Learning Disabilities Association of America and Illinois maintain that many children are waiting up to 2 years before receiving services for disabilities because districts continue to deny referrals. Many parents have had to resort to legal support to obtain rights for their children and many parents are not aware of these rights or have the means to pursue them. In this sense, children from marginalized groups may be more likely to be delayed. The word change from "must" to "may" will allow local school districts to be responsive to their community and protect child rights.