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Special Ed 101
School psychiatric wants me to withdraw MDE (UPDATE)
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<blockquote data-quote="Sheila" data-source="post: 85596" data-attributes="member: 23"><p>You should have been given Procedural Safeguards and Prior Written Notice documents by the school district. They will tell you the steps required to formally address the issue. You'd have to file Due Process. To be successful you'd likely have to have an education attorney. </p><p></p><p>The school psychiatric stated his/her opinion of difficult child after watching him in class one day was "maybe some ADHD, Obsessive Compulsive Disorder (OCD), and generalized anxiety." Based on this alone, they should do the evaluation because a disability is suspected in my opinion.</p><p></p><p>From <a href="http://idea.ed.gov/download/finalregulations.html" target="_blank">http://idea.ed.gov/download/finalregulations.html</a> :</p><p></p><p>"If, however, the public agency does not suspect that the child has a disability and denies the request for an initial evaluation, the public agency must provide written notice to the parents, consistent with Sec. 300.503(b) and section 615(c)(1) of the Act, which explains, among other things, why the public agency refuses to conduct an initial evaluation and the information that was used as the basis to make that decision. The parent may challenge such a refusal by requesting a due process hearing,...."</p><p></p><p>I'd write a letter to the DISTRICT SPECIAL EDUCATION DIRECTOR asking for clarification in a way that will give them an opportunity to change their position.</p><p></p><p>Example:</p><p></p><p>Via Certified Mail: #_________</p><p>Via fax: (xxx) xxx-xxxx</p><p></p><p>Date</p><p></p><p>Address, etc</p><p></p><p>We have a problem that I hope you can help sort out.</p><p></p><p>We received a letter from ABC dated xxxx denying our request for a Full and Initial Evaluation for special education. In that it is an XISD professional's impression via observing our child that the problems at school may involve ADHD, Obsessive Compulsive Disorder (OCD) and generalized anxiety, I do not understand why our request for the evaluation has been denied. </p><p></p><p>The information in XISD's letter appears to conflict with information I have regarding a school district's need to evaluate when a disability is suspected. We can't correlate this in that three disabilities are suspected.</p><p></p><p>We wish to appeal this decision. How do we proceed? Can this be done at the local level or do we need to contact the Washington State Education Agency or U. S. Department of Education?</p><p></p><p>We'd appreciate a response within 10 days. And thank you for your assistance.</p><p></p><p>Mom</p><p></p><p>c: XISD letter dated XXXX </p><p></p><p>See how it goes, but you might want to get a good advocate or attorney specializing in special education lined up.</p></blockquote><p></p>
[QUOTE="Sheila, post: 85596, member: 23"] You should have been given Procedural Safeguards and Prior Written Notice documents by the school district. They will tell you the steps required to formally address the issue. You'd have to file Due Process. To be successful you'd likely have to have an education attorney. The school psychiatric stated his/her opinion of difficult child after watching him in class one day was "maybe some ADHD, Obsessive Compulsive Disorder (OCD), and generalized anxiety." Based on this alone, they should do the evaluation because a disability is suspected in my opinion. From [url="http://idea.ed.gov/download/finalregulations.html"]http://idea.ed.gov/download/finalregulations.html[/url] : "If, however, the public agency does not suspect that the child has a disability and denies the request for an initial evaluation, the public agency must provide written notice to the parents, consistent with Sec. 300.503(b) and section 615(c)(1) of the Act, which explains, among other things, why the public agency refuses to conduct an initial evaluation and the information that was used as the basis to make that decision. The parent may challenge such a refusal by requesting a due process hearing,...." I'd write a letter to the DISTRICT SPECIAL EDUCATION DIRECTOR asking for clarification in a way that will give them an opportunity to change their position. Example: Via Certified Mail: #_________ Via fax: (xxx) xxx-xxxx Date Address, etc We have a problem that I hope you can help sort out. We received a letter from ABC dated xxxx denying our request for a Full and Initial Evaluation for special education. In that it is an XISD professional's impression via observing our child that the problems at school may involve ADHD, Obsessive Compulsive Disorder (OCD) and generalized anxiety, I do not understand why our request for the evaluation has been denied. The information in XISD's letter appears to conflict with information I have regarding a school district's need to evaluate when a disability is suspected. We can't correlate this in that three disabilities are suspected. We wish to appeal this decision. How do we proceed? Can this be done at the local level or do we need to contact the Washington State Education Agency or U. S. Department of Education? We'd appreciate a response within 10 days. And thank you for your assistance. Mom c: XISD letter dated XXXX See how it goes, but you might want to get a good advocate or attorney specializing in special education lined up. [/QUOTE]
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School psychiatric wants me to withdraw MDE (UPDATE)
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