By Nicole L. Bradick, Esq.

As parents, we watch with a keen eye to make sure our children are hitting every developmental milestone as they grow and learn. Many children will do certain things well ahead of their peers, while they lag behind in other areas. It is often difficult to tell if the social, academic, behavioral, or other difficulties your child may be having are within the norm for his or her age group, or if your child is facing some greater challenge that should be addressed as early as possible. Red flags may go off if your child is significantly delayed in developing verbal or motor skills at a young age, or a pediatrician or teacher down the line may express some concerns about a child's development in particular areas. For parents wondering if their child might have a disability, I offer the following points to consider:

1. Don't despair! If your child does have a disability, there are a wealth of resources out there to help you. It is better to acknowledge the issue, find out as much as you can about your child's needs, and get him or her the services they need, than it is to ignore the issue and hope it goes away. Studies have shown, time and time again, that early intervention is key to successful remediation and prevention of educational deficits.
   
   
2. Make a referral. For children birth through 5, you can make a referral to your local Child Development Services site. You can find your regional site at http://www.maine.gov/education/speced/cds/sites/sites.html. Other individuals, such as therapists, daycare workers, pediatricians, etc., can also make CDS referrals, but only with parental consent. Once you make this referral, CDS will conduct an evaluation to get a handle on your child's needs. An Early Childhood Team (ECT) meeting will then be held to determine the services your child needs. Services provided by CDS can include speech language therapy, physical therapy, occupational therapy, and developmental therapy.
   
   If your child has begun (or is about to begin) kindergarten, any referral should be made to your school district. School staff and teachers can refer your child as well, but your child cannot be tested without your express
   
   

written consent. Note that if you disagree with the results of any of the testing done by your school district, you may request an "independent educational evaluation." This right allows you to select your own evaluator to complete testing, potentially at the school's expense. The school district has 45 school days from the date you consent to its evaluation to conduct the testing and get together an "Individualized Education Program Team," more commonly referred to as an IEP Team, to determine whether or not the student is eligible for special education and related services.

3. Understand RTI. RTI, or "Response to Intervention," is a model used in Maine that focuses on identifying children who are struggling and intervening in the mainstream classroom, to the extent possible. The idea is that different ways of teaching, such as using scientifically-based instruction and behavioral support, can be tried in the mainstream classroom to see if that is enough to get a child back on track. You do not HAVE to go through RTI before referring a student for special education. It is simply a way to see if targeted changes in teaching methods are sufficient to address the issues a child is exhibiting.
   
   
4. Know your rights. The federal and state special education laws and regulations are voluminous and confusing. Parents and students with disabilities have a wide array of rights, including the right to dispute any decision made by the school district by requesting a mediation, complaint investigation, or due process hearing. If a school district does not provide you with a document entitled "procedural safeguards," you should request and read this carefully to understand all of your various rights.