child study team?h

Discussion in 'Special Ed 101' started by wincha, Sep 25, 2006.

  1. wincha

    wincha New Member


    how much time does a child study team have to decide to do an evaluation. moved the kids to public school this year. my 10 year old has generalized anxiety disorder. sat down with the principal, teacher and at length with counselor. was hoping that a less rigid environment would help. she was doing very well last year, much better each year and takes one medication for antianxiety. had a great summer no medications. so had 2 shut downs in writing and the teacher saw it as defiance. so met with these 3 with the diagnosis and (don't kick me) thought we had a plan, at this time didn't think she needed an official plan. she can shut down and get anxious about writing assignements. she will ace every test. so 1 great week of standardized testing then the next week shut down in a writing assignment. teacher tried to one on one help her twice, then had her do it outside the class, my daughter wrote i want to go home on the paper several times and crumpled her paper. teacher saw this as defiance. the principal stopped by and helped her finish it during art class. so far she was sent to the office once for not doing her work seen as defiance, kept in from recess ect... so got husband to write for evalution. so nothing was done or tried after the meeting the child study team needs her evaluations from her therapist, grades, reports and other observations and make an comment anythhing else they need. first of all i know that her grades don't matter she has been removed from the class several times now. any suggestions.

    i read the federal law doesn't it say that a child with a disability gets services whether they are passing class to class ect... since she has been removed from the classroom due to her anxiety can they hold up her testing. does the clock start ticking when we send the letter?


    can they refuse to test. can they get away from the 30 day timeline from deciding to test? they are asking the therapist ect... for her diagnosis(they have) evaluations, progress and recommendations.

    i wrote on the permission to give info that i want to talk to the therapist first. i don't want to give out a blanket waiver even though it appears to have limits
     
  2. Sheila

    Sheila Moderator

    The school district has 60 days to perform the evaluation(s) from the day they get a parent referral via certified mail OR from the date the parent signs school district paper work. Then they have another 30 days to get the 1st IEP meeting set up for eligibility determination.

    The school district must evaluate or show cause why an evaluation is not needed before a hearing officer.

    You do not have to provide any of your child's medical information or reports to the school district unless you want to.

    I would not give the school district a blanket waiver either.

    The regs do not say that that a child has to fail in order to present adverse academic performance.

    The regs state, "Section 300.101(c) has been revised
    to clarify that a free appropriate public
    education (FAPE) must be available to
    any individual child with a disability
    who needs special education and
    related services, even though the child
    has not failed or been retained in a
    course, and is advancing from grade to
    grade."

    See: https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf Use the search function for "fail" to find it.
     
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