Does this scenario sound familiar to you?
Parent to school: "I suspect my child may have a disability. I would like them evaluated for special education." Principal: "Your child is still really young. Let's wait and see how they do without subjecting them to needless evaluations."
You may be thinking that the school probably knows best. Of course we all want to believe our kids’ schools have their best interest in mind, right? However, misleading a parent into believing their child does not need to be evaluated for special education eligibility is gaslighting. It is common for Principals to act as gate-keepers to special education, especially in preschool. What you may not realize is that this approach directly contradicts their duty to identify, locate and evaluate children with diagnosed or suspected disabilities, who are in need of special education and related services. 34 CFR 300.111. Federal and MA State special education regulations to not provide for a “wait and see” approach. Once you notify your child’s school that you are concerned with their development, then you have officially referred your child for an evaluation to determine special education eligibility. Schools are required to send written notice to the parent within 5 school days of the referral, seeking consent to evaluate. 34 CFR 300.301; 603 CMR 28.04.
So what can you do if you suspect you are being gaslighted? In MA, you may file a complaint with the Department of Education and Secondary Education’s (DESE) Problem Resolution System (PRS). PRS is completely free, and will investigate whether the public school is following education related laws or regulations. For more information or to file a complaint with PRS, go to: https://www.doe.mass.edu/prs/intake/default.html
Gaslighting in special education is not limited to eligibility determinations. Any time a school, whether it be the principal, special education coordinator, or a teacher, provides incorrect or misleading information, it can prevent meaningful parental participation in the IEP process. If you suspect that you have been gaslighted by your school, I may be able to help. Call me at 617-485-6977 or e-mail me at kim@massieplawyer.com for more information.