How to? School to Evaluate My Child for a Disability?
If you’re concerned that your child may be struggling in school due to a learning disability, developmental delay, emotional challenge, or behavioral issue, you are not alone—and you have rights. Under both federal and Virginia law, public schools are legally required to identify and evaluate students who may need special education services. But unfortunately, the process doesn’t always move as quickly or clearly as parents hope. That’s where Elizabeth Tuomey can help.
Understanding Your Rights Under Child Find
In Virginia, the legal process begins with something called “Child Find”—a federal mandate under the Individuals with Disabilities Education Act (IDEA) that requires schools to identify, locate, and evaluate children with disabilities who may need special education services. If you suspect your child may have a disability, you have the right to request an evaluation in writing.
Serving Fairfax County, Loudoun County, and Prince William County & Arlington County
Steps to Evaluation
Put Your Request in Writing
Submit a formal written request to the school’s principal or special education coordinator. Be specific about your concerns and any patterns you’ve noticed with your child’s academic performance, behavior, or development.
The School Responds
Within a short period (typically 10 business days), the school should acknowledge your request and schedule a meeting to determine whether an evaluation is warranted.
Parental Consent
If the school agrees to proceed, they must obtain your written consent to conduct the evaluation. Once consent is given, the school has 65 business days to complete the assessment.Eligibility Meeting
Once evaluations are completed, a team meeting will determine if your child qualifies for services under an Individualized Education Program (IEP) or a 504 Plan.
While this process may seem straightforward, many families run into delays, vague responses, or outright denials. That’s when legal guidance can make all the difference.
How Elizabeth Tuomey Can Help
With nearly 25 years of experience as both a criminal defense attorney and a former prosecutor, Elizabeth Tuomey brings a unique understanding of how systems work—and where they fall short. Her practice focuses heavily on special education law, and she is deeply committed to protecting the rights of children with learning disabilities, emotional challenges, ADHD, autism, and more.
Elizabeth represents families in Loudoun County, Prince William County, Fairfax County, and Arlington County, helping parents navigate the IEP/504 process from start to finish. If your request for an evaluation has been ignored or denied, she’ll help you take the appropriate legal steps to ensure your child gets the support they need.
A Special Education Advocate on Your Side
Contact Us
If you’re ready to advocate for your child’s future, contact us today. At Tuomey Law Firm, PLLC, we’re here to guide you through every step of the process.
Let us help you fight for the education and resources your child deserves. Together, we can make a difference.
Serving families across Northern Virginia
Call 571-565-5440 for a confidential consultation today.