Legal Lessons for Families: Takeaways from This Year’s Special Ed Law Conference
Each year, I attend the Pacific Northwest Institute on Special Education and the Law to stay current on legal updates that impact students and families. This year’s sessions covered everything from dyslexia eligibility to Child Find responsibilities—and offered important reminders about how schools should respond when a child needs support.
One of my favorite annual conferences just wrapped up, the Pacific Northwest Institute on Special Education and the Law. This meeting brings together school special education teams, administrators, attorneys, parents, and advocates like me for updates on best practices for legally defensible plans and procedures, recent court decisions about special ed issues, and how to best serve students while complying with state and federal mandates. There are always some really juicy legal cases to hear about (the high schooler who graduated without learning to read because he used his accommodations plus AI to “read” and “write” all his schoolwork!) and opportunities to network with folks in this field. Here are my highlights, takeaways, and actions we can take today.
Highlights
The panel discussion between two attorneys—one representing school districts and one representing parents—offered an eye-opening view into how these two differing perspectives would approach hypothetical student situations. From school refusal to dyslexia to autism, the go-to first steps from a school district's point of view were usually very different from the parent attorney.
The talk on dyslexia eligibility, goals, and services framed our current evolution on dyslexia-based supports as similar to the conversations we were having about autism 20 years ago (I was in these conversations as a brand new school psychologist). At that time, parents were pushing schools to address their concerns, schools were often unprepared to help students, and families didn’t have access to community supports covered by medical insurance. Sound familiar? Just like with autism, schools will get better at serving dyslexic students as we keep pushing them forward.
The session on Child Find, the part of special education law that requires schools to identify and evaluate any child suspected of having a disability, reaffirmed that the bar for triggering a school evaluation is very low. There are many possible reasons to suspect a disability: a parent raising concerns about ADHD or dyslexia, a teacher noticing persistent learning challenges, or the presentation of a clinical diagnosis. Any of these can and should prompt the school to act. We don’t need a “mountain of evidence” just to start the evaluation process.
My Big Takeaways About Child Find
Child Find in action: There are many situations that should trigger a suspicion of a disability. Decisions about whether to evaluate should not depend on questions like, “What services would they get if they qualified?” or “Would your high schooler really want to miss an elective for an IEP class?” That’s putting the cart before the horse. The only question that matters at this stage: Do we suspect a disability? If yes, then evaluate.
RTI and MTSS: Response to Intervention (RTI) and Multi-Tiered Systems of Support (MTSS) are valuable frameworks for supporting all learners. However, the need for additional interventions or data collection cannot delay an evaluation for a student suspected of having a disability. The right approach: run interventions alongside the evaluation process (within 60 school days in Oregon, 35 in Washington). This approach has the benefit of supplying additional data for the team which can help answer the eligibility question.
Beyond academics: Academic performance is only one piece of the puzzle. Behavior, adaptive skills, social-emotional functioning, and mental health needs can all warrant evaluation. Grades alone don’t tell the full story—a student earning all A’s can still be eligible for special education services. Excessive absences can also trigger suspicion, often pointing to underlying challenges with mental health or self-regulation.
Mental health hospitalizations: If your child is hospitalized for mental health reasons, that event itself should prompt school action under Child Find. The school should seek to understand the diagnosis and discharge recommendations—and ideally, begin coordinating with the family before the student returns. Parents, share what you can with the school, and request a team meeting to discuss whether an evaluation is appropriate.
Actions You Can Take Now
Request a team meeting: If you have concerns about your child’s progress and there’s no solid plan in place, submit a written request for a team meeting and explicitly state that you are referring your child for a special education evaluation. This starts the official timeline for a meeting and decision.
Document your concerns: Prepare a clear list of your observations — academic, behavioral, social, emotional, fine motor, communication, and more — and note that you’re aware of the district’s obligations under Child Find.
Remember: You’re the expert on your child. It can feel intimidating to sit across from a table of educators, especially when you’re the only parent voice in the room. Bring a notetaker or support person to help keep the conversation focused and productive.
Need guidance? I’m here to help. Reach out anytime if you want support navigating your next steps.