If I want to write a formal request for iep re-evaluation

Discussion in 'Special Ed 101' started by Ropefree, Feb 3, 2009.

  1. Ropefree

    Ropefree Banned

    I am going to start with a letter to the Director of Special Education services at the state level since I have been asking verbally at the school level(principles, vp,IEP teacher and the 504 teacher)and being told what not.

    CAN someone tell me what to write in that request? Also, I am not so handy with negotiating the online tools and resourses so where can I look for sample letters or what to put into the letter since I want it done and effective.

  2. Ropefree

    Ropefree Banned

    I have asked for this form at the school befor by going to the school and asking the last time the vp. Today I was refered to the student serviices coordinator who is away from her desk. I have also called the district and am waithing for a return phone call.

    THe iep services, which had not been provided as per the iep anyway, were switched to 504 and they are saying that the proformance is grades "he earns". Although I appreciate that thinking in terms of a school that has many failing students who will not even continue through high school each year, this is my sons learning time to have the help with his specific learning issue.

    You would think that a teacher interested in a high proformance under her tutlelage would welcome students who had these types of needs as it then gives her a means to offer insentives to the class to acquire more of the content she is attempting to teach.
  3. Ropefree

    Ropefree Banned

    So this time I called everyone and then I called the administration. I said I want the form today..can it be e-mailed to me? I want it ready so all I have to do it to pick the paper sheet up and I will certify mail it so that we do not have any further delays.
    Oh the principle will call you...I have talked to the principle I want the form today so that any further talking is in the due process after the form has been formally submitted and so forth.
  4. Sheila

    Sheila Moderator

    There are sample letters in the Sp Ed Archives.
  5. Ropefree

    Ropefree Banned

    Thank you I picked up the form yesterday after calling and talking from the top down.
    Everyone had a delay issue. Finally I said: I want the paper today. That is all I want is the request evaluation form and I have asked for this yearly and I will insist that the form is in my hand today.
    Then when I arrived to pick it up I was asked to wait.
  6. Ropefree

    Ropefree Banned

    Ok..I went into the archive and it was all ads for wrightslaw when I went into one of these it was all about classes to take to learn to advocate for Special Education.
    How do I get a look into the sample letters?
  7. SRL

    SRL Active Member

    This is a website that details the process and includes a sample letter.


    If your district also has a form, include that too. Send it certified mail.
  8. Sheila

    Sheila Moderator

    From http://www.conductdisorders.com/community/ , scroll to the bottom of the page. You'll see the Sp Ed 101 Archives forum.

    Sample letters at http://www.conductdisorders.com/com...arent-request-for-initial-iep-evaluation.420/

    You can also search google: http://www.google.com/search?q=IDEA IEP sample letters&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS237US238

    Or you can just edit https://web.archive.org/web/20060204004456/http://www.adhd-add.info/sampleletter.html like:

    CERTIFIED MAIL # ___________________


    Mr./Ms. _________________
    Special Education Director
    ________________ Independent School District
    City, State Zip Code

    RE: Name of Child ______________
    Parent referral for multidiscplinary evaluation

    Dear Mr/s. _______________________:

    Our son/daughter is experiencing academic and/or behavioral problems in school. S/he is ___ years old and attends ______ School. It is requested that Child's Name be scheduled for a Full and Initial Evaluation in conjunction with the Individuals with Disabilities Education Act (IDEA) to determine if s/he is eligible for special education and related services. It's my understanding this is a multidiscplinary evaluation.

    It is also my understanding that there are various timelines involved in the overall IDEA process. At your earliest convenience, please forward them to me at the address below.

    We look forward to receiving an evaluation plan within 10 days of this request. It will be necessary that we receive a copy of the Reevaluation Report together with subtest scores one week prior to the IEP meeting being scheduled. Depending on the language utilized in the report(s), for clarification purposes, it may also be necessary to schedule pre-IEP meeting(s) with the diagnostician(s) and other evaluator(s).

    This letter is parent consent for the evaluation. If additional information is needed, please contact me immediately.


    Your Name
    Telephone number

    Cc: Mr/s._____________ , ______________ISD Superintendent
    Last edited: Feb 4, 2009
  9. Ropefree

    Ropefree Banned

    Thanks Sheila,
    I have the request form now. ANd I am attempting to determine what I want reevaled. Or that is what the ssc asked me to do.
    What I want the re evaluation to determine is if the conditions that qualified him in the beginning are showing change.
    Also as the evidenced tests base are due to the gap between one area
    and the other areas tested
    has that changed.

    As he continues to struggle with the steps to complete assigned work and to receive top grades, which the initial testing made very clear he has no problem with congnitive and comprehention, I am hoping that in addition to ruling in or ruling out qualification based on test for FAPE IDEA IEP
    where he is needing supports.

    Also he had had conseling services and those were not provided and when asked he said he didn't want them. It is true that he did not feel inclined to talk to the conselor and as I have met with her I have a better understanding of where this is for him. He definately does need the safe relationship in which he can learn to express himself to another not only around the diagnosis and whatever that brings up, but so that he is comfortable seeking help for his issues which, quite frankly many people are very indifferant either from not "believing" in these, or because having no frame of reference they just do not see any.

    At this point as the teachers and the administration has not had a firm footing on what to do I feel that some outside specialist is needed to present the models on which the district impliments and measures for this tiny portion of the general population. Cause even at 5 out of 100 students having some diagnosis of this particular type what is clear to me as a parent with one in the system who is proforming without consern to teachers, yet not reflecting that he is engaged to the point of expressing what he does know in the assigned work using writting that is the largest part of graded work.

    What I am hearing over and over is that the teachers and the Special Education and 504 are saying they do not know what to do. And as I am aware that evenn when we met twice or more each year the reality is they are not doiing what is in the iep and now 504 as well.

    It is crazymaking. What the director of Special Education wants me to include is the times when he was not given the services while providing the enrichment piece saying that he had to be in a sp ed classroom to 'get' spe ed services and then once there the spe ed teacher was also not doing the iep as written for him and he did not get conseling services.

    ANd the times when teachers declined to particpate outright and when the
    teachers failed him without so much as a phone call to me or the variance teacher invovled. Which if following the iep or 504 were specificly both in the plans and also discussed as to the need to promt and redirect to stay on task.

    Where this lack of compliance issues have both deprived him personally of valuable time in his education and is a violation of law and the spirit of the law the other piece is that he has not learned to feel that he can turn to the teachers or his support team. The elephant in the room is always the adhd diagnosis, and when esteem is considered it is that he is being praised for doing a good job. ANd not about that he has unmet learning needs that are neccisary to learn now while he has the support systems, or rather when the schools are obligated by law.

    I do not see that continuing to pretend that this is not at least in part from the fact that the iep team and 504 are not utilizing the obligation and devising systems for my son and others with academic excellence as a goal.
    In fact the current interpertation of the limits of the law are that the student is in general ed. If that were all that the disability rights for a disabled learner required then many many deserving students are loosing out on not only the acquision of skill sets that are essential to their achievements in secondary schools these biases also hinder advancement in higher education and especiallly in the scholarships and the merit of inclution to such studies as sciences where the academic in a cubical endulges the best advantages of the adhd learners developed grasp and enthusiasm for matters that require the quick inteltect.

    Sheila, can you succinctly para phrase that in one sentence? Short , preferably.
  10. SRL

    SRL Active Member

    Is he getting D's and F's in his classes? Or is he in danger of not graduating due to not having enough credits? Please answer this question.

    This is a critical point--the school district is not legally responsible for any student to make top grades. If he's getting passing grades and you're going for an IEP to force the district to help him make top grades then you are wasting your time and the time of any posters who are trying to help you.
    Last edited: Feb 5, 2009
  11. Sheila

    Sheila Moderator

    SRL is correct.

    IEP goals are never for "academic excellence." Most of the goals I've seen in IEPs is 70% -- sometimes the rare 80%.
  12. Ropefree

    Ropefree Banned

    Sheila: that may be so. and a student can be in ap classes and have a4. and still qualify. It is just appauling that the teams involved have not taken a moment to then aquaint me that the litiginous nature of the adversarial system requires that.
  13. SRL

    SRL Active Member

    No, a high school student in AP classes with a 4.0 would not legally qualify for a new IEP under IDEA and wouldn't remain legally qualified for a pre-existing one because the disability is not adversely impacting the academic performance. Now if he were demonstrating huge deficits in areas like social skills or life skills that might be a different story. But in absence of such deficits, that 4.0 student is already achieving academic success and it would be a huge waste of time and taxpayer money to evaluate and extend services.

    Again, let's get back to the question as this issue pertains to your child: Is he getting D's and F's in his classes? Or is he in danger of not graduating due to not having enough credits? Please answer this question.
    Last edited: Feb 6, 2009
  14. Ropefree

    Ropefree Banned

    'I may not have properly worded so that it is correctly put. having a learnning disability is not like lacking the ability to learn altogether...
    I do understand what you are saying. It is a clever means of saying having a learning disablity doesn't really matter in terms of the support that someone with such needs. As you see he is bi lingual.
    I have adults in my family who recieved not one aid of any type and compensated for the learning disablities which is the alternative for providing what is needed.Is that preferable?
    I do get the arguements against giving people with learning disablities who are functioning on a top end....what? They are not failures.
    I think the awareness as to the inside and outside story is one that will continue without end on this.
    To answer your question he has not recieved d or f grades on report cards. this year. He was not re-evaluation'd to determine a lack of qualilifiction and has not recieved trassision services for next stage. he will need the iep for college and university.
    Meanwhile I do know that my child does have, is struggling and that will power type rational is off mark given he has done what was asked and continues to have the same, some very classic, learning disablity issues and that he "can pass" is good for him. Having his rights working will also be good for the student with learning disability.
    Last edited: Feb 6, 2009
  15. Sheila

    Sheila Moderator

    Students eligible for IEPs are those with-academic problems and/OR behavior problems that adversely impact the school environment.

    Couple of links for you below wherein OSEP has issued memos:

    Passing Grades, IQ Scores & Evaluations of Students with Learning Disabilities:


    Joint Policy Memorandum (ADD)
    Office of Special Education and Rehabilitative Services
    This pertains to 504s and IEPs.

    It took me a long time to learn that one cannot rely on any teacher to tell you anything that could remotely lead to litigation. It's not necessarily because they are withholding information, it's that many just don't know a whole lot about IDEA. Districts provide some training in IDEA, but they teach employees only what they want them to know.

    Think about it. If you had a business, would you teach your employees to educate your customers on how to sue? Certainly not.

    Because IDEA says that all educators involved in your child's education must be know knowledgeable about your child's disorders, early on I assumed the did.

    Think about it. Teachers are taught to teach; they are not neurophychologists. And that just applies to disorders we commonly see discussed on this board.

    Have you read "Don't Assume the educators know what your child needs" at http://www.conductdisorders.com/com...the-educators-know-what-your-child-needs.452/ . There are multiple reasons a student can qualify for an IEP. It's unreasonable to expect that they have all the answers.

    You're probably are wanting to know why I'm off-topic a bit. But parents need to know that just as school districts have "policies and procedures," parents must also.

    When dealing with-my son's school district or working with-a parent trying to work through the school district maze, we have to take off my mommy hats and put on our business hats.

    To get the ball rolling, these are my initial instructions:

    #1 - When communicating with-the school district about important matters, use Certified Mail. "Why?" I'm asked. Because there are timelines within which the school district must perform certain functions IF they have received a written request from a parent. Certified Mail starts the clock ticking and proves parent has submitted the request.

    #2 - When requesting an evaluation or reevaluation, do not limit the evaluation. The regs state, "In evaluating each child with a disability under §§300.531-300.536, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified. The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities." If a parent limits the evaluation, things can be missed. Additionally, if you do not agree with-the evaluation for any reason, the IEE will be limited.

    #3 - Parents must learn about sp ed law if they want to be successful in advocating for their child(ren). That doesn't mean one has to learn IDEA from cover to cover, but they need to know enough to call a school district's hand (politely) when they hear "we don't do that" or school district "policy" is contrary to the law.

    #4 - An attorney with-expertise in sp ed law is a good thing to have access to; so is a well trained advocate. However, no one knows the child better than the parent -- see "Captain of Your Ship" in the General Archives.
  16. Sheila

    Sheila Moderator