How soon before IEP should assessment results be shared ?

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Hi, how soon before an important IEP should assessment results be shared with the parents ?

I had posted before about a district wanting to replace a high functioning 5th grader's IEP with a 504, without anything more than minimum assessments. We (mom & I) successfully contested it and they claim to have now done thorough assessments, and the notice of meeting states that the IEP is being convened to exit the student from special ed. Nothing about what assessments were actually done and sharing their results ahead of time was mentioned, so, I helped Mom write an email asking for information on exactly what assessments were performed, and for results of these tests to be shared with her, at least 21 days before the IEP.

The Principal replied, claiming that the results can only be provided about 5 days in advance, as they "won't be ready until then." Absolutely no mention of what assessments were actually done were provided in the response email.

As always, I smell a rat. Help ! Where can I find info on how much time parents are entitled to have to review test results and informaton before such a major IEP ? Since they intend to exit him from special ed, I want to make sure we get a second (and third) opinion on these results, and go to the meeting, PREPARED.

Thanks, as always, for your advise and help ! Much appreciated.

I don't know the answer but 5-7 days is very possible. I have typically gotten things a week or two ahead.

With the time line they're on for evaluating and meeting to initiate services, they probably get used to last minute.

But I'm not sure it matters as the evaluation they do for ending eligibility is somewhat of a formality, IMO, and sure, in a good district maybe in theory if they came up with a problem they'd hold off, but to me, they've decided. I think it would be very hard to keep services in this situation.

I'm guessing the mom cannot afford a private evaluation. It can create some negativity that may be problematic, but requesting an independent evaluation could be an option if it seems like the child really isn't ready to be declassified. Thing is, for a high functioning child, they can likely show some good test scores and the teachers will likely have no complaints.

Any accommodations on the current IEP are, from what I've been told, available so long as the child needs and uses them. But the child has to use them, or they're considered no longer needed and go away. It's hard for a kid to be an advocate for themself, but can happen. The 504 Plan will likely include accommodations that were on the IEP. If you can and they seem appropriate, I would make sure to ask that they all be documented on the 504 Plan, though you can ask later.

The sad fact is children often lose services before they're ready to fly on their own. If you're going to lose, I'd go down gracefully asking lots of questions about what to watch for and what to do in the event concerns arise.

Also I believe the first year after declassification can be considered a transitional year, during which in theory, it's relatively easy to reconvene and reclassify if the school finds it necessary. After that, it's harder.

They have most of the power here. But not all. I hope that helps, I just think they likely weren't looking for this child's weakest areas, they were looking to document that declassification is appropriate, and for high functioning AS, a lot depends on functioning, so unless the teachers complain, keeping the child classified would be hard. Not saying I like the system.

They always tried to spring things on me at the actual meeting. I then started requiring the info in advance, and I would get it a week a head of time. That was OK with me, so I didn't argue about that.

I am not sure how much notice you can reasonable expect. Hopefully others will have more info. If you aren't happy with the amount of notice and believe that you can require them to give you more notice. I would send something stating that you understand the results won't be in to the mother by x date so you would like to postpone the IEP meeting to 21 (or however many is reasonable) days after that; as long as the material is indeed delivered at that time.

(Obviously this would have to be reworded, but I hope you get what I mean)

My recollection is that 5 days is the law in CA, sadly I do not know where I heard that or how to look it up. 21 days would not be practical -- most timeline are 60 or 90 days to do the assessment and hold the meeting, so requesting the results 21 days ahead would eat up a third of the allotted time.

The next step (after the IEP meeting, where the parent should NOT sign consent to exit the IEP) is to request an IEE (Independent Educational Evaluation) at the school district's expense. If they deny it thevschool has to file for due process.

It sounds like what you might hope for is an evaluation documenting a problem that leads him to fail tests that's related to the autism and that could respond to instruction about how to understand what's asked for or how to give it.

They've decided he's ready to be declassified, it's extremely unlikely their testing will be done or written up to show anything else.

And I'm afraid they may not take concerns about his falling between the cracks seriously, that's not how the system is supposed to work, at least in their minds.

If you decide to ask for the independent evaluation I vaguely remember that they need to continue the current placement until that's completed and met on.

In an ideal world what would his mom like for him to be receiving?

I feel horrible saying this, and it probably goes without saying, but it's impossible to underestimate how mindlessly oblivious schools can be. There are many talented, incredibly dedicated people there but i agree with ASDMommy, read what they say, make sure it's logical.

I was really upset when they wanted to declassify my child, she'd gone backward socially I felt. They explained it wasn't necessary to achieve the IEP goals, the teachers could accommodate. And they for the most part do. They seem to try to remediate young, but if they can't do so quickly they want to accommodate and you have to decide if things are bad enough to be worth fighting. Which is a lot of work and emotionally overwhelming, but it may be worth it depending on this child's needs. Definitely ask about a transitional year if they declassify, though.

This is a fantastic website for parents trying to understand special education law & how to advocate for their child: www.wrightslaw.com

You are going to want to read up on procedural safeguards & the stay put provision:

http://www.wrightslaw.com/idea/law/idea ... bparte.pdf

If you disagree with the outcomes of the evaluation, you have the right to an independent educational evaluation at NO COST TO YOU. This is part of the FREE appropriate public education. (See the section 300.502 of the link above) They are not allowed to require you to give them an explanation why and they are not allowed to unreasonably delay the independent evaluations.

If at that point the school still thinks their evaluation is appropriate, they might continue on with their original plan. You have the right to due process at this point. You'd fill out a due process complaint and have a resolution meeting with the school to try to see if you can mediate things before moving on to the formal due process hearing. If it gets to the level of the due process hearing, each side will present evidence for case and the hearing officer will make a decision.

Make sure if they do attempt to change his placement, that they provide you prior written notice (300.503). Many schools fail to do this. If they do change placement and you disagree, you can file for due process and your child will "stay put" in current placement until a decision is reached by the hearing officer.

If you are considering hiring an attorney, check out 300.517 which goes over awarding of attorney fees.

I find it interesting that they did not tell you what assessments were being done. According to section 300.300(a)1 - parents must give INFORMED consent for re-evaluation.
Informed consent: "fully informed of all information relevant to the activity for which consent is
sought, in [your] native language...” [34 C.F.R. Sec. 300.9]"

Read more up on reassessment laws here: http://www.wrightslaw.com/idea/law/idea ... bpartd.pdf

300.304 states the school must provide notice of reevaluation that describes any evaluation procedures they are going to conduct. You would think that would mean actually telling you what they are.

I am not a lawyer, so make sure you don't take this as legal advice! I'm just telling you what I know about the process. I hope it helps!

We're you able to meet with an advocate in December?

For one thing, I think they are required to tell you which assessments the child is getting if you ask (that would apply to any kind of medical testing, right?)

Ah, here you go: