IEP Eligibility, Evaluations, and Parent Rights: Your Questions Answered

Do you know your rights? In this Ask the Advocate Q&A, Karen tackles the most common—and confusing—special education questions parents face, from eligibility and evaluations to services, placement, and what to do when the school says “no.”

In this episode:

• OHI vs. SLD — what they mean, how they’re determined, and why it’s not “either/or.”
• ADHD — 504 accommodations vs. when an IEP is warranted (instruction + goals).
• Refusals to evaluate — how to respond and why prior written notice matters.
• What data to keep — progress monitoring, BOY/MOY/EOY benchmarks, WCPM, math gaps.
• ESY (Extended School Year) — what it is (maintenance), what it isn’t.
• Preschool/ECSE & early labels — developmental delay vs. autism and consent for services.
• Dyslexia/dysgraphia/dyscalculia — where they fit under IDEA (and where they don’t).
• Records reviews & dispute paths — practical next steps when you hit a wall.

Key takeaways:

• Use data (not opinions) to drive decisions.
• Ask for comprehensive evaluations across all areas of suspected need.
• If testing is denied, request the decision in writing via prior written notice (PWN).
• When progress reports don’t match reality, bring your own data samples to the table.
• Behavior issues typically need instruction (SDI), not just accommodations.

Want training and support?
Join here: https://www.skool.com/special-education-academy/about

Work with our team: Records reviews and advocacy support are available.
📧 [email protected]

Support the show

✨ When we get it right for the child, we get it right for everybody. ✨

👩‍⚖️ Hosted by Karen Mayer Cunningham, Advocate & Special Education Boss®
Each week, Karen shares real stories, legal insights, and no-nonsense strategies to help you navigate special education with clarity and confidence.

👉 Subscribe & never miss an episode — new episodes drop every week!
🎓 Join The Academy: Weekly live trainings + 250+ hours of advocacy tools & expert resources
🔗 Learn more at The Academy

📬 Have a question? Email us at [email protected]

📱 Follow Karen on:

• TikTok & Instagram: @specialeducationboss
• YouTube: Special Education Academy

🧠 Want to level up your advocacy game?
Check out the Advocate's Bookshelf — a curated collection of must-have tools, guides, and legal references every special education advocate should own. From federal code to diagnostic manuals, these are the essentials that help you advocate with clarity and confidence.

📚 Browse now: https://amzn.to/3RiQPLl
(As an Amazon Associate, Karen may earn a small commission if you make a purchase — at no extra cost to you.)

...