Help with evaluation timing...

[Cazzy]

My almost 7 year old son has been having some trouble in school. His issues are that he is often confused and often stares off into space missing directions from the teacher. Last year the kindergarten teacher was alarmed enough to call a meeting of the I&RS team who came into the class to watch him. They were also disturbed by his behavior and decided that he needed to be evaluated. That meeting was on 5/15/10. After that meeting my son got very sick and was in the hospital for 15 days and out of school for 3 weeks. School ended on 6/18.

Since the 5/15 meeting I have not heard anything from the school. I did email the assistant principal to ask for an update at the end of school. I also advised that my son was on steroids and would be until July 17th. The response was that they would just start the evaluation next school year. School started on 9/2 and I haven't heard anything from the school. I emailed the principal (assistant principal has retired) and the head of special services yesterday (9/13) but haven't heard back.

So, my longwinded question is... can anyone offer any advice on "my rights". I thought the evaluation was supposed to start 15 days after the I&RS meeting. And that I am supposed to be told what they will be testing. Also that summer recess counted for timing for an evaluation. I am feeling very blown off by the school and don't want to start off being adversarial with them but need them to understand that I'm not going away. What would your next step be?

[jal]

At this point since its seems that the school is dodging you, I would sent a letter certified mail requesting an evaluation. This will get the ball rolling and will require that the school responds within the mandated timeframe (which I think is 60 days). With budgets being as tight as they are these days and your main contact having left, it's possible they decided not to pursue. Do not rely on emails to get this going, certified mail proves receipt of your request and kicks in the time line. Good luck to you.

[Jena]

ok i read this yet i responded on your other thread on the general forum. sounds like exactly behaviors i went thru with my gfg in kindergarten. feel free to pm if you want to. and good luck

[JJJ]

They are completely out of compliance with the law.

Per NJ statute N.J.A.C. 6A:14-3.4(e)

(e) After parental consent for initial evaluation of a preschool age or school age student has been received, the evaluation, determination of eligibility for services under this chapter, and, if eligible, development and implementation of the IEP for the student shall be completed within 90 calendar days. 1. If the parent repeatedly fails or refuses to produce the child for the evaluation, the time period above shall not apply.
2. If a child enrolls in the school of a district board of education after an initial evaluation was undertaken by another district board of education, but before it was completed, and the district is making progress so as to ensure a prompt completion of the evaluation, and the district and parent agree to a specific modified timeframe for completing the evaluation, the agreed-upon timeframe for completing the evaluation shall be applied

Did your child return for any of the school year after his illness? If yes, then the school district knew he was better and you produced him. If he did not, then the school district may try to claim that you never told them he was better and available for testing.

I would send a certified, return receipt letter to them something like this:

Dear Mr. Principal:

We met on May XX, 2010 in regard to the special needs of my child, Gfg Cazzy. On that date, I signed consent for a full and complete evaluation. It has now been XXX number of days since you received my consent. While my son was unavailable for XX days due to severe illness, he was available for testing on all other days. Please contact me no later than September 23, 2010 with the schedule of testing to be completed by October 1st so that we can meet and finalize Gfg's IEP as required under IDEA and N.J.A.C. 6A:14-3.4(e).

I can be reached at XXX-XXX-XXXX.

Thnk you for your prompt attention to this very important matter,

Mrs. Cazzy

[Cazzy]

Thanks JJJ. The problem is I was never asked for written permission and never knew I had to give it. They said at the meeting in May they would evaluate him and I thought they would start. Last time I'll be so clueless. He did go back to school after his illness but they did nothing.

[JJJ]

Then just tweak the letter...

Dear Mr. Principal:

We met on May XX, 2010 in regard to the special needs of my child, Gfg Cazzy. On that date, I gave consent for a full and complete evaluation. It has now been XXX number of days since you received my consent. While my son was unavailable for XX days due to severe illness, he was available for testing on all other days. Please contact me no later than September 23, 2010 with the schedule of testing to be completed by October 1st so that we can meet and finalize Gfg's IEP as required under IDEA and N.J.A.C. 6A:14-3.4(e).

I can be reached at XXX-XXX-XXXX.

Thnk you for your prompt attention to this very important matter,

Mrs. Cazzy

[JJJ]

Cazzy -- This is a normal start to an IEP "relationship" with a school, they often try and stall and see how minimal they can go on services. Most will back down once they realize that the parent is not (although a few like Shari's (another poster here) are infamous for digging in their heels like a stubborn two-year old).

Check out www.wrightslaw.com It is an overwhelming site with tons of information, just poke around when you have time. The longer you are in this battle, then more you will learn.

Good luck,

[Cazzy]

JJJ - Thanks. I have taken all your advice. On Friday they went into his classroom to observe him. There is a meeting set for this Wednesday with us and the child study team to review and discuss what will be evaluated. Like you said...looks like they just needed to know we weren't going away.

Thanks again!

[JJJ]

I'm glad to hear that!

I hope the meeting goes well today! It might help to write down your concerns so that you can make sure they are all addressed in the meeting. The focus of this meeting should be determining which questions need to be answered via evaluation and who will be responsible for doing the assessments (unless you did that last spring???)