August 2026:
The MLO Minute: “Do You Have a Child with Special Education Needs? Don’t Forget to Do These Three Things for Back-to-School Time!”
By Jacqueline Lembeck, Esq., Shareholder and Lead South Central Pennsylvania Special Education Attorney —
As I write this, I have already spotted pumpkins in stores and received back-to-school sale reminders, so as much as I may not want to admit it, the 2026-27 school year is upon us. It’s easy to get overwhelmed at this time of year between the school supplies, class lists, and forms to be returned, but don’t skip these three important back-to-school tasks for your child with special education needs.
One: Share updates with the school team
Summer is a great time for evaluations, extra therapies, tutoring, and educational summer camps. Many families make great use of the more laid-back schedule and, as a result, they may have new reports, data, or information that would be valuable for the school team to consider. If you have updated reports or data from doctors, therapists, or tutors, make sure to share them with the school. The same goes for updated medications or orders for Individualized Healthcare Plans (“IHPs”).
Two: Know when your child’s IEP, 504 Service Agreement, and reevaluations are due
Check your child’s IEP expiration date (in PA, this is usually listed as “the anticipated duration of services and programs” on the first page of the IEP). Mark it in your calendar and make sure you have a new annual IEP meeting before the expiration.
Similarly, a 504 Service Agreement should be reviewed and renewed each year as well. You should review the 504 Service Agreement and make sure that it is not more than one year old.
Children with an IEP should be reevaluated at least every three years. In Pennsylvania, if the child is identified with Intellectual Disability, the child should be reevaluated at least every two years. Children with a Section 504 Service Agreement need to be periodically reevaluated. If your child’s evaluation is overdue, or you feel your child may need a more comprehensive evaluation, consider consulting with experienced legal counsel to understand your rights, including whether you may be entitled to an independent educational evaluation with an evaluator of your choosing.
Three: Request any missing records
If you discover that you are missing records (like a final IEP or a copy of the most recent reevaluation), request them in writing. I recommend using e-mail. If you only need a document or two, you may be able to e-mail your child’s case manager to receive them. Missing a lot? That’s okay! Parents have a right to inspect and review a complete copy of their child’s education records. Parents can make a written request for all of their child’s records and receive access to them within 45 days or sooner.
If you have any questions or concerns about your child’s education, please feel free to contact our office. Our initial consultation is free, and these matters are often handled on a contingency basis without hourly fees charged to families.
