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Special Ed 101
Evaluation when there is a suspected disability
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<blockquote data-quote="Sheila" data-source="post: 94683" data-attributes="member: 23"><p>If the sd is refusing to evaluate, you can contact an advocate to help you, contact your State Education Agency, contact your regional OSEP office, file a formal complaint with-your SEA or US Department of Ed, and/or file Due Process.</p><p></p><p><a href="http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,8," target="_blank">http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,8,</a></p><p></p><p>The Federal regulations at 34 CFR §300.301(b) allow a parent to request an evaluation at any time. <strong>If an LEA declines the parents request for an evaluation, the LEA must issue a prior written notice as required under 34 CFR §300.503(a)(2) which states, written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. The parent can challenge this decision by requesting a due process hearing to resolve the dispute regarding the childs need for an evaluation.</strong></p><p></p><p></p><p>More on notice required by 34 CFR §300.503(b)</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2C" target="_blank">http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2C</a></p><p></p><p>(b) Content of notice. The notice required under paragraph (a) of this section must include--</p><p>(1) A description of the action proposed or refused by the agency;</p><p>(2) An explanation of why the agency proposes or refuses to take the action;</p><p>(3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;</p><p>(4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;</p><p>(5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;</p><p>(6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and</p><p>(7) A description of other factors that are relevant to the agency's proposal or refusal.</p></blockquote><p></p>
[QUOTE="Sheila, post: 94683, member: 23"] If the sd is refusing to evaluate, you can contact an advocate to help you, contact your State Education Agency, contact your regional OSEP office, file a formal complaint with-your SEA or US Department of Ed, and/or file Due Process. [url="http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,8,"]http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,8,[/url] The Federal regulations at 34 CFR §300.301(b) allow a parent to request an evaluation at any time. [b]If an LEA declines the parents request for an evaluation, the LEA must issue a prior written notice as required under 34 CFR §300.503(a)(2) which states, written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. The parent can challenge this decision by requesting a due process hearing to resolve the dispute regarding the childs need for an evaluation.[/b] More on notice required by 34 CFR §300.503(b) [url="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2C"]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2C[/url] (b) Content of notice. The notice required under paragraph (a) of this section must include-- (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (7) A description of other factors that are relevant to the agency's proposal or refusal. [/QUOTE]
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