school district refuses to evaluate; Disagreements about IEP content

Discussion in 'Special Ed 101 Archives' started by wincha, May 12, 2004.

  1. wincha

    wincha New Member

    its getting confusing since i have 2 kids that need testing.

    my older difficult child has weaknesses in basic reading skills and reading fluency. also a significant difference in verbal and aural. the principle looked at his old testing and said he might have an auditory processing disorder and dyslexia. difficult child says he also mixed up his letters.

    in the last iep they refused to talk about his testing just made a comment that he was depressed during this testing. he has had a reading problem since 2nd grade and i have had him tutored.

    so do we have to have an iep to discuss tesing or can we just request it in writing. i am going to write a letter of understanding about the response about iep now or the fall for testing and they are backed up so if they agreed he would not get testing until the fall anyway. the next iep meeting we are going to hash out having them to continue paying for this placement.

    can we request by writing? can we request an iee and then would they have to say no or that they should have the op to test him themselves.
     
  2. Sheila

    Sheila Moderator

    I bet it does get confusing.

    You may request the testing in writing (send it certified mail).

    As posted previously, it's my understanding that the school does not have to evaluate your child just because you have asked. They may refuse to evaluate your child. If they refuse, the refusal must be given to the parent in writing. They must also state the reason for refusal in the refusal notification. If the District refuses to evaluate, you may request Mediation and/or Due Process -- check your state regs for specifics.

    From https://web.archive.org/web/2004040...actices.org/law/regulations/regs/AppendxA.php that I posted for you earlier:

    9. What is a public agency's responsibility if it is not possible to reach consensus on what services should be included in a child's IEP?

    The IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to make joint, informed decisions regarding the (1) child's needs and appropriate goals; (2) extent to which the child will be involved in the general curriculum and participate in the regular education environment and State and district-wide assessments; and (3) services needed to support that involvement and participation and to achieve agreed-upon goals. Parents are considered equal partners with school personnel in making these decisions, and the IEP team must consider the parents' concerns and the information that they provide regarding their child in developing, reviewing, and revising IEPs (§§300.343(c)(iii) and 300.346(a)(1) and (b)).

    The IEP team should work toward consensus, but the public agency has ultimate responsibility to ensure that the IEP includes the services that the child needs in order to receive FAPE. It is not appropriate to make IEP decisions based upon a majority "vote." If the team cannot reach consensus, the public agency must provide the parents with prior written notice of the agency's proposals or refusals, or both, regarding the child's educational program, and the parents have the right to seek resolution of any disagreements by initiating an impartial due process hearing.

    Every effort should be made to resolve differences between parents and school staff through voluntary mediation or some other informal step, without resort to a due process hearing. However, mediation or other informal procedures may not be used to deny or delay a parent's right to a due process hearing, or to deny any other rights afforded under Part B.

    Also, "Under §300.507(a), the parents or agency may initiate a due process hearing at any time regarding any proposal or refusal regarding the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child, and the public agency must inform parents about the availability of mediation."

    Don't forget to check your State regs. When Federal and State regs are different, Federal regs prevail. However, there are areas of the Federal regs that are silent. In these instances, the State is at liberty to create regs. Could be that you'll find info on you State Education Agency's site that gives you specific time lines for requests to be acknowledged such as for a re-evalution.

    Hope this helps.
     
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