falsifying documents and 1 year for an eval ?

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Hi Ster,
First I want to share two wonderful sites for you to look at which is all about IDEA and the law. www.Wrightslaw.com and http://millermom.proboards107.com/index ... =Education. The second board is incredible as it has many many parents, some professional Advocates, and some who even work with lawyers as an advocate or as a parent who is working with a lawyer for their case..

Fist of all, as long as you put it in writing and requested an evaluation, they HAVE to get to work and finish it up within 60 days (60 days is cali, not sure what your state says, but it should state it on your state educational site).

They have no choice but to do this, or risk you filing a state complaint regarding your school distirct being out of compliance. This also includes schools who do/use RTI. RTI cannot be put in place of an Eval. If you have RTI and still request the eval for an IEP, then the rule still apply.

Lainie

Laine, great information!!

but school districts can get around that...really. Most really don't, though as if there is any indication of a disability they are required to evaluate.

Here is a bit of info. it is from AZ, though


http://www.ade.az.gov/ess/programsuppor ... er2008.pdf

This document states that if the parents request an evaluation AND the MDT agrees than than the 60 day time line commences on the date the parents requested the evaluation. If the district disagrees, they are required to provide written notice. Although this is from Arizona, most of this is true no matter what state you live in.

The time line does vary somewhat between states but it is usually either 60 school days or 60 calendar days. I can tell you that the whole "parent request for evaluation" process confuses MANY school staff. That is why it is so very important for parents to be acutely aware of the process and sometimes remind the staff or educate them. I would personally call up the staff every week and tell them that the clock is ticking and we need to sign the official papers for evaluation

It isn't fair to most parents if you have a team that doesn't want to evaluate. I don't think this is fair but the school district REALLY needs to back up their reason such as "student missed 45 days of school last year." OR "Student is getting A's and B's in their classes and their classes are NOT modified." It has to be really good.

There have been a few law cases that have been won because a school district [u] ignores the parents written request for evaluation or they put off the meeting until way after the 60 days.

Great website, Laine!!

First I want to state....

"If you do, then definitely find an advocate and file a complaint with your State Board. A year is not a reasonable time span to do it all in."

You can file a state complaint all on your own. You call them, talk to them, ask them questions then file. They are usually helpful over the phone. You can also file a complaint with the OCR (Office of Civil Rights) if they have violated a 504.

"but school districts can get around that...really. Most really don't, though as if there is any indication of a disability they are required to evaluate."

But I am in a school district that D**Ks around with you enough so you will just go away. It sounds like Ster is in the same type of district.

Natesmom, Federal Law trumps state law everytime. And if the parent wrote a letter requesting an evaluation, then they HAVE to follow it. Period.

And Ster, if they say no, then ask for the reason in writing. Often they won't write it down if there breaking the law.

Here is a really good link to a board I go on (the millermom board) that talks about the importance of Prior Written Notice (PWN). They may not have to follow the PWN if your on a 504, but you can still request their reasons on paper.

http://millermom.proboards23.com/index. ... hread=4932

Lainie

thanks for all the replies ! I'll keep you posted- am supposed to hear tomorrow about what the child study team decides........should be interesting.

Great Ster! Hope it all goes well for you! I can't wait to here. Your daughter sounds so wonderful and she deserves the help she needs. Please please let us know.

Laines great information. I love the links you provided. I know about wrightslaw but didn't know about the other one. I have been on it tonight and it helps to see what other parents are saying since I work in special education, too. I have always worked in really good school districts or perhaps have always just worked at good schools:)


This is what I found on this link
http://www.wrightslaw.com/info/lre.faqs.inclusion.htm

View #12

If the school district disagrees with the parents and does not suspect that the student has a disability, it may refuse to conduct an evaluation. In that instance, the parents may request a due process hearing on the matter of the school district's refusal to initiate an evaluation.


However, if the school district suspects that the student has a disability, it cannot refuse to conduct the evaluation or delay the evaluation until the interventions have been tried. [i]

If you have something that completely contradicts that information please let me know. I would hate for my information to be incorrect. Yikes!!.

In those law workshops the "legal" guys stated that most of the time, it is very difficult for districts to prove that the child may not have a disability. Parents request evals for a reason. Districts need to give valid reasons to reject it. Most of the time, the reasons are not very good or well documented at all.

One time, the school rejected a parents request for an evaluation because the child missed several days the past two years and the school couldn't rule out educational deprivation. Another time the school almost rejected because the student was getting all A's in class, had good behavior, etc. Parent was convinced that the child had a disability. School was nice and tested. Child didn't qualify. Parents were happy, though. Those two cases are so rare. Usually if parents request, districts should just do it. If it helps the parents feel at ease or provides the school with a little more information to help the child, it's no big deal really - except for time BUT this is a child's life. What is time, really?

In sters case, they really are required to evaluate IMO. From what I get from the second quote, they can't just delay the evaluation....they need to evaluate.

Natesmom, it is really a super site and I know all of the people there would love your opinions and help! There's quite a few parents that have been thru DP and the whole nine yards. Its says ADHD, but it grew to all disabitys.

Now you got me wondering. I know I read it somewhere the other day about how when the parents request in writing the School has to follow thru. It may of been some caselaw that I found or something. Now I'm gonna go look lol. It's gonna bug me.

I think that if the school doesn't follow thru, it's considered a deniel of FAPE, but I wanna find it to make sure.

Lainie

Ooops Foot in Mouth here. Your right I'm so wrong lol.

I was searching and also found some case laws where your correct. They can deny an evaluation but they do have to supply a PWN.

I wish I could find the thing I read where it says you have to evaluate if it's in writing, but I guess I must of got mixed up or something.

Good luck ster, and make sure you request that PWN if they say no. I do know that PWN is so important and if they don't supply that I do know you can file a state complaint.

was supposed to hear back from school today- surprise, surprise- have heard nothing. hopefully will hear something tomorrow.

Here's the latest CRAP from daughter's school:
They were supposed to have a meeting with the Child Study Team this past Weds. The principal was supposed to email me and update me as to what was decided at that meeting. He did not. I emailed him and asked: "just curious as to what decision was made...." Still I heard nothing. I wrote a letter to the teacher , which I sent in with daughter today- stating that I was frustrated by the lack of communication between myself & the school staff- that they could at least have the common decency to tell me if they planned to not go ahead with an evaluation of my daughter- that we would be moving forward with an outside eval. Here's the CRAP response that I got back from daughter's teacher:

" I received your letter and am sorry for any frustration the staff has caused you. We just had our Child Study meeting on Wed. and I was out at a workshop on Thurs. and Friday. At the meeting, our SLP was there and is working with me on strategies to use on strengthening (daugher's) inferencing skills. Also, it was said that we are proceeding with the testing process. If you want further clarification on that, contact either the school social worker or the principal. With that said, would you still like me to complete the forms for outside testing?"

So then, I email the principal and ask "what testing process is (the teacher) referring to ?
Here's the response I got back from him:
" We are completing a referral for academic (cognitive and achievement) and language testing."

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

I am so tired of fighting the school system. It doesn't have to be like this- really.....I emailed the teacher and reiterated that I wanted her & the school social worker to fill out the paperwork asap. ............so very, very, very tired.....

I just pray that after all of this, daughter ends up with a dx that we can accept- that someone finally acknowledges daughter's difficulties & does something about them. ( someone besides us, that is...)

Bureaucracy is a slow and frustrating process.

But I don't think I would let them fill out paperwork without help from you. At least proof it before it goes in.

I'm glad to have at least THAT part of it all behind us; I hope that soon you will, too.

The school district has up to 60 or 90days for elevation, put it in writing again and save yourself a copy. Contract the Special ed director and the school admin and explain what is happening. Or meet with them and show them the whited out areas of the 504plan. Request an IEP. You have more say than on an 504plan. An 504 plan is geared toward behavior problems. Please also get a copy of your parent legal rights regarding special education.
To really speed it up contract the school adminstor. A bad or wrong 504plan or IEP, doesn't sit well with school districts, because it will tarnish their school district.

I have forwarded most emails to the special ed director for our district- haven't heard anything from her in regards to anything. I think that ,in the school's opinion, they are evaluating daughter for the most prevalent problem at this time ( which is reading comprehension). I just don't understand why they wouldn't evaluate for behavioral issues, as her current 504 plan is only for social issues-not academic

Ster, when they evaluate for an IEP they MUST test in all area's of the suspected disability. They have to do a full academic work up, Intelligence testing such as the WISC, Behavior and social, Speech and OT. They can't leave any of that out.

Lainie

I would request a mediator.. .schools don't like it when you involve outside people.

Really, call the school psych. Listening to your story is infuriating me. They don't seem like they know the law or they are not communicating very well with you at all. They are suppose to evaluate your daughter in EVERY SUPECTED AREAS OF DISABILITY. This includes behavior. During referral meetings, the team including yourself is suppose to have say in what areas to be assessed. They are not suppose to just decide what areas without you.

Where do you live again? I wish you were in our school district, I really do. This would not happen.

Sometimes it's not the school district but the particular school.

Last edited by natesmom on 09 Dec 2008, 8:20 pm, edited 1 time in total.

OK - that's funny. Laine beat me to it... I didn't even read all the responses.

Yep, all suspected areas of disability