Evaluation request?

Discussion in 'Special Ed 101' started by Steph80000, Jun 18, 2007.

  1. Steph80000

    Steph80000 New Member

    It's been a while since I visited here. My 13-year-old son has ADHD and learning disabilities. I took him out of school 4 years ago and have homeschooled him in the interim. He has progressed, but his mouth is driving me crazy! He was in Special Education for the last six months he was in school (3rd grade). There were a lot of problems with the school and we had a strained relationship with the district. We filed a complaint and the district had to provide him with compensatory education in the end.

    I've just enrolled him in public school for the 8th grade. I would like to try to have some accomodations in place as early as possible in the school year. It's been a while and I know that things have changed a bit! What should I request in my certified letter to the school district asking for my son to be evaluated?

    I appreciate any and all suggestions!

    Stephanie C.
  2. Martie

    Martie Moderator

    Dear Stephanie,

    You remember the important parts!

    The law now allows 60 CALENDAR days for the evaluation to be completed everywhere (in other words it is part of Federal law--IDEA 204) It used to be up to the states--no more.

    There are sample letters in the Archives of this section of the board. I would encourage you to send the letter right now (CERTIFIED)and make your child available to the school district. They may try to tell you that the time-line starts when school starts, but every day the administrative offices are open (which is about 48 weeks a year in all but the most rural SDs) "count." Also, don't buy the "we have to see how he is doing first" line because he LEFT public school in Special Education, and in the meantime, they would have been required to re-evaluate if you had not home-schooled. Eighth grade is tough for most kids, even PCs, so I would not let them delay.

    Best to you,

  3. Steph80000

    Steph80000 New Member

    Thank you, Martie!! My letter is ready to go certified mail tomorrow morning!

    Stephanie C.
  4. Steph80000

    Steph80000 New Member

    I sent my letter certified mail. The middle school Special Education. administrator contacted me this morning and told me that the timeline is 60 school days. The only info I could find regarding IDEA 2004 and timelines stated this:

    2. Adds 60-day timeline to complete initial evaluation (unless state established timeline).
    There is a default 60-day timeframe from receipt of parental consent for the initial evaluation until the
    initial evaluation is conducted, unless the state establishes its own timeframe within which the evaluation
    must be conducted.

    The relevant timeframe shall not apply to a local educational agency (LEA) if:

    • The child enrolls in a school served by the LEA after the relevant timeframe has begun and prior
    to a determination by the child's previous LEA as to whether the child is a child with a disability
    (as defined in Section 602), but only if the subsequent LEA is making sufficient progress to
    ensure a prompt completion of the evaluation, and the parent and subsequent LEA agree to a
    specific time when the evaluation will be completed; or

    We live in Kentucky so I don't know if that makes a difference or not :wink:.

    If the school administrator is wrong then I definitely want to correct her. But I'm not sure what part of IDEA to cite. Sixty school days is a long time for us to have to wait to get him tested.

    I'm getting indigestion, already.

    Stephanie C.
  5. Sheila

    Sheila Moderator

    IDEA doesn't say 60 "school day" or 60 "business days," it says 60 days.

    From thr horse's mouth @ https://web.archive.org/web/2008051...0/edocket.access.gpo.gov/2006/pdf/06-6656.pdf:

    Procedures for Initial Evaluation
    (§ 300.301(c))
    Comment: Numerous commenters
    requested that the regulations clarify
    when the 60-day timeframe for a public
    agency to conduct an initial evaluation
    begins. One commenter requested that
    the 60-day timeframe include
    completing both the evaluation and
    eligibility determination.
    Several commenters recommended
    reducing the timeframe for evaluations
    from 60 days to 30 days. Some
    commenters recommended that the 60-
    day timeframe be 60 school days. A few
    commenters stated that the timeframe
    for evaluation should be longer if
    additional time is required for specific
    assessments, such as behavioral
    assessments or other assessments based
    on scientific practices.
    Discussion: It would be inconsistent
    with the Act to reduce the timeframe
    from 60 days to 30 days, require the 60-
    day timeframe to be 60 school days,
    extend the timeframe for particular
    types of assessments, or require that the
    60-day timeframe cover both the
    evaluation and determination of
    eligibility. Section 614(a)(1)(C)(i)(I) of
    the Act requires an initial evaluation to
    be conducted within 60 days of
    receiving parental consent for the
    evaluation or, if the State establishes a
    timeframe within which the evaluation
    must be conducted, within that
    timeframe. The regulations in
    § 300.301(c) reflect this requirement.
    Changes: None.


    Discussion: Section 300.301(c),
    consistent with section 614(a)(1)(C)(i)(I)
    of the Act, requires an initial evaluation
    to be completed within 60 days of
    receiving parental consent for
    evaluation or, if the State establishes a
    timeframe within which the evaluation
    must be conducted, within such
    timeframe. The Department declines to
    require that a State-established
    timeframe be less than 60 days or to
    place additional requirements on States
    with timeframes of greater than 60 days
    because the Act gives States the
    authority to establish different
    timeframes and imposes no restrictions
    on State exercise of that authority. We
    believe this is evidence of an intent to
    permit States to make reasoned
    determinations of the appropriate
    period of time in which evaluations
    should be conducted based on
    particular State circumstances.
    Changes: None.

    There's more on this issue at the url provided. Due a search on "60-day."

    Every State has law that parallels the Federal IDEA 2004. Check your State law. State law MUST adhere to the Federal regs except in areas where the Federal law is silent. Even with-that, it's my understanding the States may not circumvent or violate the spirit of the Federal law.
  6. Steph80000

    Steph80000 New Member

    Thank you, Sheila. I went to your link and printed out the necessary pages and faxed them to the school district. They faxed me the Kentucky Administrative Regulations which are specific in stating that the school district has 60 school days from the date they receive parental consent (which we provided in our initial letter). Unless there's a rabbit that I can pull out of my hat, I think we're screwed.

  7. Sheila

    Sheila Moderator

    Marti may be able to place her hands on the info that says if a school district's administration office is open during the summer, the day(s) count in the evaluation process.

    If your school district has summer school, I believe you have an argument for summer days counting.


    Sec. 300.11 Day; business day; school day.

    (a) Day means calendar day unless otherwise indicated as business day or school day.

    (b) Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day, as in Sec. 300.148(d)(1)(ii)).


    (1) School day means any day, including a partial day that children are in attendance at school for instructional purposes.

    (2) School day has the same meaning for all children in school, including children with and without disabilities.

    (Authority: 20 U.S.C. 1221e-3)
  8. Martie

    Martie Moderator

    I do not have a citation to "summers count" but I think it is in CFR part 300 somewhere.

    The whole "days" thing is addressed in the preamble to IDEA: 20 U.S.C. 1400(A) but it is also addressed in CFR 300 which Sheila cites above.

  9. Steph80000

    Steph80000 New Member

    You guys are SO GOOD!!!

    Stephanie C.