re-evaluations

Discussion in 'Special Ed 101' started by house of cards, Mar 19, 2008.

  1. house of cards

    house of cards New Member

    One small question, Is there any reason/benefit to fighting a re-evaluation for extra services (Occupational Therapist (OT) and PT)? My thoughts are that I can't really fight that but it gives me time to line up my ducks to fight any attempt to drop services.
     
  2. Sheila

    Sheila Moderator

    Are you saying that the school district wants to do an evaluation to see if Occupational Therapist (OT) or PT is needed? Are these services currently being received?
     
  3. house of cards

    house of cards New Member

    Yes, they are currently being received. They want to re-evaluate to see if they can drop them. I don't have a problem with PT stopping, but I think he still benefits from the Occupational Therapist (OT) ... but not enough to qualify for school percentages.
     
  4. Sheila

    Sheila Moderator

    As you probably know, before the school district can stop the services a re-evaluation is needed.

    What do you mean by school percentages??

    The following is from the Feds:

    (4) Section 300.300(c)(1), regarding
    parental consent for reevaluations, has
    been modified to clarify that if a parent
    refuses to consent to a reevaluation, the
    public agency may, but is not required
    to, pursue the reevaluation by using the
    consent override procedures in
    § 300.300(a)(3), and the public agency
    does not violate its obligation under
    § 300.111 and §§ 300.301 through
    300.311 if it declines to pursue the
    evaluation or reevaluation.
    Comment: Several commenters
    recommended allowing public agencies
    to use the due process procedures to
    override a parent's refusal to consent to
    a reevaluation.
    Discussion: Override of parental
    refusal to consent to a reevaluation is
    already addressed in the regulations.
    Section 300.300(c) states that each
    public agency must obtain informed
    parental consent in accordance with
    § 300.300(a)(1) prior to conducting any
    reevaluation of a child with a disability.
    Section 300.300(a)(3) allows a public
    agency to override parental refusal to
    consent to an initial evaluation by
    utilizing the mediation procedures
    under § 300.506 or the due process
    procedures under §§ 300.507 through
    300.516. The cross-reference in
    § 300.300(c)(1)(i) to the provision in
    § 300.300(a)(1) provides the basis for
    allowing a public agency to override the
    parent's refusal of consent to a
    reevaluation. However, we believe it is
    important to state this more directly and
    will, therefore, add language to
    § 300.300(c)(1) to clarify that if a parent
    refuses to consent to a reevaluation, the
    public agency may, but is not required
    to, pursue the reevaluation by using the
    procedural safeguards in subpart E of
    this part.
    Changes: We have restructured
    § 300.300(c)(1) and added a new
    § 300.300(c)(1)(ii) to clarify that a public
    agency may, but is not required to,
    pursue a reevaluation using the
    procedural safeguards.

     
  5. house of cards

    house of cards New Member

    Thanks, I guess I am thinking of Early Intervention that you need a 25% delay in 2 or more areas or 33% in 1 area to qualify. He has motor coordination disorder which shows when he is trying to learn a new move in sports mostly. It is a motor planning problem which has improved in all areas they have worked on because they aren't asking him to make "new" moves anymore. They are saying he just isn't into sports as a preference but it is because it is too hard for him to do well. My concern is that he already deals with gender disorder and being in Special Education and I can't improve that but if I could get them to keep working on the sports so he isn't soo bad at it, it would help take away 1 area that he could be teased about. I'm just afraid that argument doesn't matter to the school setting.
     
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