They are delaying evaluation & IEP - can they do this?

Discussion in 'General Parenting' started by Shari, Mar 2, 2009.

  1. Shari

    Shari IsItFridayYet?

    I just got notice this morning that the school "can not finish the evaluation in time for the meeting in 2 weeks due to absences".

    The school has caused 95% of those absences. Now he's also only allowed to attend half days.

    This will put the evaluation well past the 60 day mark. Can they do this?
  2. JJJ

    JJJ Active Member

    I would not think so. My daughter was on homebound and they completed their evaluation of her. I would repost this on the Special Education forum for Sheila and Martie to take a look.
  3. Shari

    Shari IsItFridayYet?

    Thanks, JJJ.

    I'm trying to dig thru my legal info but not finding this. I'll post there and keep digging.
  4. jannie

    jannie trying to survive....

    I think that you should contact the school and let them know that you will be happy to bring him in to school so that they can finish the evaluations. Since they are only allowing him to attend half days they still need to finish testing...Why do you think they are stalling? I forget, at this point does he have an iep? and you're just at reevaluation...?

    How many days has he been sent home...and how were the half day formalized? did you modify his IEP and allow for him to have a modified day?
  5. Shari

    Shari IsItFridayYet?

    We are in the evaluation phase of his initial IEP, so there is no current IEP. He has been out 4 full days plus 2 half days. The half day decision was "decided" for us by the principal and the superintendant, based on a pretty shakey interpretation of the safe schools mandate. Since this is the case, they should count against the 10 days cumulative to get the manifestation process started.

    This is a mess.

    I have offered to bring him in literally any time they can make work. Doubt it happens, but.
  6. SRL

    SRL Active Member

  7. Sheila

    Sheila Moderator

    There is a caveat to the timeline and that is if the PARENT doesn't make the child available.

    Send a letter via CM that this is not acceptable and you will not agree to a time extension. Explain that difficult child has been out primarily due to school district and that you will make him available.

    Also fax the letter to speed up the snail mail.
  8. Shari

    Shari IsItFridayYet?

    I can't recall when I signed the evaluation release. It was either 1/7 or 1/19. Either way, that puts 60 days long before April.

    I have replied to the school's email informing me of the change and told them I will do any thing they ask with regard to getting the evaluation finished so we can go ahead with the meeting as scheduled. Since we have been communicating largely via email, I think that will be ok, but I'll be sure to follow this up with a letter. Thanks.
  9. jannie

    jannie trying to survive....

    Are you saying that the half days don't count towards the ten days...because I believe they do....
  10. Shari

    Shari IsItFridayYet?

    I think "they" are thinking this is part of his plan, but it was done by principal and superintendant, so its not part of any "plan". According to the advocate support groups, etc, these days will count towards his 10 cumulative days.
  11. LittleDudesMom

    LittleDudesMom Well-Known Member Staff Member

    You need to get these 1/2 days straight. I thought this was to benefit your son not the school.

    They can't just haphazardly send him home for a half day unless there is justification.

    I was under the impression that this was something you and the principal agreed to. I illuded to as much when I responded to your other post. You need to add the question about the 1/2 days counting as suspensions to your list for the principal on your other post.

    I would be asking for an emergancy IEP meeting ASAP. These issues need to be cleared up before too much time goes by. Makes no matter whether the evaluations are done or not. If nothing else, they need a BIP in place ASAP and you need some clearer understanding about what the school is doing. And hopefully Sheila is looking at this thread, but you don't need the while team there if you are calling an emergency meeting - hey can't deny it based on all staff not being present.

    Send that letter Sheila advised asap.