Warrior Moms,Help please!!

[Ktllc]

I am SO upset right now I could scream.
The $%^&% School district did a speech screening (like agreed) and here is what they have to say:
"He did very well on the screening. The results indicated age appropriate articulation/phonological skills and receptive and expressive skills. No further testing was recommended by the speech therapist. She also discussed concerns with his teacher and the teachers also indicated no concerns. "

Now to refresh everyone's memory: V is in speech therapy though private agency for expressive and processing issues. His therapist was hopeful the school would help him (I wasn't...) and said a few weeks ago "any qualified person would see something is wrong with V". And believe me, therapy is NOT easy for V. He talks in broken sentences, can't recall heard information, etc.

I also have a written statement from one of his teacher saying that he has a speech problem ("broken speech, uses single words instead of whole sentences"). But I'm sure the school district talk to the idiot teacher (she is hopeless and I will spare you the million examples I have of her incompetence).

Those "findings" were shared with me by e-mail this morning.
I need to say I DO NOT AGREE! Should I e-mail back and requested for the district to pay for private evaluation? Should I send a certified letter?
I also thought of hiring Sweet Pea's Speech Language Pathologist (SLP) to evaluate V and have TWO reports stating that there is a problem. It would be 2 against one.

I can't mess this up. V's school future is at stake and the school is obviously not going to help me.

 

[TerryJ2]

I don't know how to work this part of the system, but I would be dismayed and upset. I completely understand. I know that others here will have some great ideas, based on experience.
Many hugs!

 

[DDD]

Today is not my day for sharing expertise, sigh. on the other hand having experience with school systems you are wise to "chill" a bit before responding. Did they identify the type of screening that was done? In my experience alot of "screenings" were generic and often not administered by professionals. Don't know what to heck I'm talking about in this arena but I would guess that identifying the test administrator, the designated use of the test and the time spent on the testing might be the first "polite" steps. Then, subsequently, you would be able to use your expert reports to validate the existence of the problem. Is there an IEP involved? Sending hugs. DDD

 

[Malika]

Kttlc, this is very frustrating... feels a little reminiscent of Kafka and all those nightmarish officials from whom there is no escape. You know there is a problem, others know there is a problem and now this is being denied after "testing". I quite understand your anger.
In your shoes - not saying this is what you "should" do, but if it feels right to you, fine, if not, discard - I would write back politely but firmly saying you believe there must be a mistake because look, here is all this other evidence to show that V does indeed have a problem. I would go on politely but firmly insisting on a second opinion. Yet again, fortunately or unfortunately, you are being called on to be a warrior parent...

 

[TerryJ2]

Hmm, that could be true. I would find out the type of screening. There is more than one.
When difficult child was screened for verbal skills, all they did was hold up flash cards with-a picture of a cat and book, and then the words for cat and book, and sometimes, just the first letter of the word. The therapist apologetically said that it was only a test for really, really obvious issues and that's all they had.
Waste of time and money, for sure.
There's got to be more out there. Maybe call a private therapist ofc and ask for the names of more specific tests so you can be armed when you talk to the school ...

 

[TeDo]

"He did very well on the screening. The results indicated age appropriate articulation/phonological skills and receptive and expressive skills. No further testing was recommended by the speech therapist. She also discussed concerns with his teacher and the teachers also indicated no concerns. "

Like the others said, request the name(s) of the tests they administered AND the name of the tester AND his/her credentials. Also tell them in writing AND by phone that you want a full report in writing by the end of the week.

Now to refresh everyone's memory: V is in speech therapy though private agency for expressive and processing issues. His therapist was hopeful the school would help him (I wasn't...) and said a few weeks ago "any qualified person would see something is wrong with V". And believe me, therapy is NOT easy for V. He talks in broken sentences, can't recall heard information, etc.

Do you have a written report with the names of tests performed listed from V's speech therapist? Make sure you have or get a full report from him/her too.

I also have a written statement from one of his teacher saying that he has a speech problem ("broken speech, uses single words instead of whole sentences").

Keep that with all the school stuff about his speech and any other evaluations they've done in one nice, neat little file......for now.

Those "findings" were shared with me by e-mail this morning.
I need to say I DO NOT AGREE! Should I e-mail back and requested for the district to pay for private evaluation? Should I send a certified letter?

Send a certified letter with return receipt that says "I received your email on Tuesday, March 6, 2012 in which you state (enter exact complete email here). I am requesting a copy of the full report including the name(s) of all the tests done, all the raw scores, signed by the evaluator with his/her credentials. Based on the information shared in the email, I strongly disagree with the findings and I will be appealing your decision." NEVER communicate with this school about important stuff via email. When they email you, certify letter them. Don't worry about using Sweet Pea's Speech Language Pathologist (SLP) yet. You will be asking (and pushing) for an Independent Third Party evaluation that the school will have to pay for. Save him/her for then. Sorry your day has been damaged by this news. Stay strong as the law is on your side. As long as he's getting Speech Language Pathologist (SLP) privately, he's being taken care of for now. (((HUGS)))
I also thought of hiring Sweet Pea's Speech Language Pathologist (SLP) to evaluate V and have TWO reports stating that there is a problem. It would be 2 against one.

I can't mess this up. V's school future is at stake and the school is obviously not going to help me.[/QUOTE]

 

[buddy]

A "screening" can be as simple as an observation. For a more complex situation this is not sufficient. Quin could fool anyone for 15 minutes for a screening and he tests below the 4th percentile on most standardized measures. IN ALL language areas including speech! It is time to formally request the evaluation so that they can once again deny it and you can use due process to proceed. (not sure you even need the denial, call an advocate to make sure since they have denied it after a screening). One thing that IDEA does say is that they must consider outside evaluations. You already have one and if you can get an independent evaluation from outside the district at their expense it would be another.

Pretty sad state of affairs, but sigh....so familiar.

 

[DaisyFace]

KTLLC--

In my experience, the school's "screenings" are worse than useless. They are basically designed to prove that no services are necessary.

Does the school not recognize and respect the report from the speech therapist in regards to providing services at school? That really should be enough...

 

[buddy]

I posted this for another member who is having issues with an evaluation being accepted. How these people walk all over the laws much less the spirit of IDEA is disgusting.

One court held:
"[T]he failure to receive and consider parental information, including evaluations they may obtain, directly denies parents the pivotal role they should enjoy in the development of their child's placement. This role includes not only providing evaluations or other information, but discussing such information. Consideration of such outside information also ensures that a program is individualized and provides a check on the judgments being made by school officials regarding the child." Community Consolidated Sch. Dist. No. 180, 27 IDELR 1004, 1005-06.
Federal regulations require that parents and school personnel act as equal participants in the development of a child's IEP and that the parents' participation in the IEP process must be meaningful. In many cases, independent evaluations provide support for the parents' opinions and requests. When a school district refuses to consider an independent evaluation, it not only denies equal and meaningful input from the parents, but it also prevents important information from the evaluation from being considered by the IEP team that develops the IEP.
Parents are not the only ones to find IEEs valuable. Sometimes, school districts request IEEs when they lack the personnel or expertise to conduct a particular type of evaluation. In other instances, a school district may seek an IEE to assuage parental concerns about the fairness or accuracy of an evaluation.

What is Required of School Districts?
The federal regulations direct school districts to inform parents of their right to obtain an IEE, 34 C.F.R. §300.502(a), where they may obtain an IEE, id., and conditions for obtaining an IEE at public expense. 34 C.F.R §300.502(b).
Several sections of the federal regulations direct local school systems to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343(c)(2)(iii), 300.503(c), 300.533(a)(1)(i). The federal regulations even envision instances where the independent evaluation may be given greater weight than the school system's evaluation. 34 C.F.R. §300.502(b).
Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory. 34 C.F.R. 300.503(c) ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). (Emphasis added).
When a parent presents an independent evaluation to the school district, the IEP team is requiredto consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.
However, a United States District Court in Maryland ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

http://www.wrightslaw.com/info/test.iee.steedman.htm

 

[Ktllc]

Thanks for all your help and input.
A certified R/R letter is on its way. I am done being nice. I am done giving people chances.
I have decided that V will not go back to pre-k (within Head Start). The teacher repeatedly told the district that "everything is fine" despite our numerous conversations and meetings with the disability specialist of Head Start. I am done trying to "educate" her.
V will stay with me, do all of his therapies and I might get respite so he can get even more social interactions (and give myself a break!lol).
I was worried to tell V about his not going back to preschool. He does not care! He has not mentioned his "friends" or anything.
I'll take him in the morning to say good bye and get his stuff.
I am actually at peace with my decision.
And as far as the SD... we'll see what the next round brings when they receive the letter.

 

[buddy]

sounds like a good plan for now. I sure hope you get a more positive response.

 

[TeDo]

Ktllc, that is exactly what you have to do with some school districts. Buddy gave you some good "legal" quotations to keep on file and use as necessary. Keep fighting. In some cases, nice will get you nowhere. This is one of them.