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<blockquote data-quote="Sheila" data-source="post: 80692" data-attributes="member: 23"><p>Definitely a memory keeper! </p><p></p><p></p><p></p><p>That is incorrect information. You do not have to release the report unless you want to.</p><p></p><p></p><p>1) They are giving you the runaround</p><p>2) I'd think the doctor would have a form. If not, a letter will do.</p><p>3) Then they need to get on the evaluation, don't they? And it's not just the sd that "decides." The parent is a full member of the team and eligibility under OHI is a team decision.</p><p></p><p>I cut my teeth on Special Education in Texas' school district from Hell. Since then I've done quite a bit of work in other districts with-parents. They can all be difficult -- some are just more difficult than others.</p><p></p><p>I hope you have a good advocate.</p><p></p><p>You may need to contact the Texas Education Agency's parent hotline. "Toll Free Parent Information Line: 1-800-252-9668</p><p>This toll free message line is reserved for parents and other family members who have questions about student rights and regulatory requirements as they relate to special education complaint investigations, mediations, and due process hearings. Calls are returned by trained professionals during normal business hours."</p><p></p><p>If you sent a letter via certified mail parent referring your child for evaluation under IDEA, they must either do the evaluation or give you written refusal outlining why they think the evaluation is unnecessary. "Because we said so" is not sufficient.</p><p></p><p>From the US Department of Education:</p><p>Section 300.301(b) provides</p><p>that a parent may initiate a request for</p><p>an initial evaluation to determine if the</p><p>child is a child with a disability. If the</p><p>public agency agrees to conduct the</p><p>evaluation, § 300.304(a) requires the</p><p>public agency to provide notice to the</p><p>parents, in accordance with § 300.503,</p><p>that describes any evaluation</p><p>procedures that the agency proposes to</p><p>conduct. The public agency must obtain</p><p>informed consent for the evaluation,</p><p>consistent with §§ 300.9 and 300.300,</p><p>prior to conducting the evaluation. The</p><p>60-day timeframe begins when the</p><p>public agency receives the consent for</p><p>evaluation.</p><p>If, however, the public agency does</p><p>not suspect that the child has a</p><p>disability and denies the request for an</p><p>initial evaluation, the public agency</p><p>must provide written notice to the</p><p>parents, consistent with § 300.503(b)</p><p>and section 615(c)(1) of the Act, which</p><p>explains, among other things, why the</p><p>public agency refuses to conduct an</p><p>initial evaluation and the information</p><p>that was used as the basis to make that</p><p>decision. The parent may challenge</p><p>such a refusal by requesting a due</p><p>process hearing,</p><p></p><p>You can look up all the citations at <a href="http://idea.ed.gov/explore/home" target="_blank">http://idea.ed.gov/explore/home</a> to get the specifics referenced.</p><p></p><p>Buried in all those links on the sp ed page is a Guide to the ARD (no where but Texas is IEP evaluations and meetings referred to as "ARD" business. <a href="https://web.archive.org/web/20110524034947/http://framework.esc18.net/ARD%20Guide_English_%208_16_07.pdf" target="_blank">https://web.archive.org/web/20110524034947/http://framework.esc18.net/ARD Guide_English_ 8_16_07.pdf</a></p><p></p><p>The school district should have provided you with Procedural Safeguards upon receipt of a parent referral for evaluation. If they haven't, it's a non-compliance issue with federal and state law.</p><p></p><p>FYI, we have a Special Education 101 forum on this site. If you need additional information pertinent to IEPs, evaluations, etc., visit us there.</p></blockquote><p></p>
[QUOTE="Sheila, post: 80692, member: 23"] Definitely a memory keeper! That is incorrect information. You do not have to release the report unless you want to. 1) They are giving you the runaround 2) I'd think the doctor would have a form. If not, a letter will do. 3) Then they need to get on the evaluation, don't they? And it's not just the sd that "decides." The parent is a full member of the team and eligibility under OHI is a team decision. I cut my teeth on Special Education in Texas' school district from Hell. Since then I've done quite a bit of work in other districts with-parents. They can all be difficult -- some are just more difficult than others. I hope you have a good advocate. You may need to contact the Texas Education Agency's parent hotline. "Toll Free Parent Information Line: 1-800-252-9668 This toll free message line is reserved for parents and other family members who have questions about student rights and regulatory requirements as they relate to special education complaint investigations, mediations, and due process hearings. Calls are returned by trained professionals during normal business hours." If you sent a letter via certified mail parent referring your child for evaluation under IDEA, they must either do the evaluation or give you written refusal outlining why they think the evaluation is unnecessary. "Because we said so" is not sufficient. From the US Department of Education: Section 300.301(b) provides that a parent may initiate a request for an initial evaluation to determine if the child is a child with a disability. If the public agency agrees to conduct the evaluation, § 300.304(a) requires the public agency to provide notice to the parents, in accordance with § 300.503, that describes any evaluation procedures that the agency proposes to conduct. The public agency must obtain informed consent for the evaluation, consistent with §§ 300.9 and 300.300, prior to conducting the evaluation. The 60-day timeframe begins when the public agency receives the consent for evaluation. 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 § 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, You can look up all the citations at [url]http://idea.ed.gov/explore/home[/url] to get the specifics referenced. Buried in all those links on the sp ed page is a Guide to the ARD (no where but Texas is IEP evaluations and meetings referred to as "ARD" business. [url]https://web.archive.org/web/20110524034947/http://framework.esc18.net/ARD%20Guide_English_%208_16_07.pdf[/url] The school district should have provided you with Procedural Safeguards upon receipt of a parent referral for evaluation. If they haven't, it's a non-compliance issue with federal and state law. FYI, we have a Special Education 101 forum on this site. If you need additional information pertinent to IEPs, evaluations, etc., visit us there. [/QUOTE]
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