Children can be denied special education under IDEA 2004 at various points in the process. Your request for an evaluation may be denied. Your child may be evaluated but found ineligible. Or, you may not agree with the goals, objectives, services, or placement the school offers.
Parents may appeal a denial. However, a denial is unlikely to be overturned without evidence that your child’s Asperger’s Disorder has an adverse effect on his educational performance, including grades, achievement test scores, behavior problems, impaired or inappropriate social relations, or impaired work skills.
The first step in appealing the school’s denial is to informally request a meeting with an official from the school district to discuss your child’s eligibility. If this is not successful, the next step is to file for a due process hearing.
A due process hearing is a formal legal process that varies from state to state. Details on how to file and what steps to take are spelled out in a document provided by each school district, usually entitled “Procedurals Safeguards.” The hearing procedure will involve the filing of motions, presentation of evidence, and possible testimony. You should not attempt to file for a due process hearing without an attorney.