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Special Ed 101
2 questions about school assessment...
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<blockquote data-quote="Sheila" data-source="post: 77555" data-attributes="member: 23"><p>It's my understanding that if your school district's administration offices are open during the summer, those days count toward the timeline requirements. If the administration offices are closed, the timeline picks up with school resuming in the fall. You'll need to check with your Special Education director to insure accuracy, and check your state regs to see what the stated time requirements are for the initial evaluation process.</p><p></p><p>The following is from the US Dept's discussion about the 2004 IDEA requirements:</p><p></p><p>(§ 300.301(c))</p><p>Comment: Numerous commenters</p><p>requested that the regulations clarify</p><p>when the 60-day timeframe for a public</p><p>agency to conduct an initial evaluation</p><p>begins. One commenter requested that</p><p>the 60-day timeframe include</p><p>completing both the evaluation and</p><p>eligibility determination.</p><p>Several commenters recommended</p><p>reducing the timeframe for evaluations</p><p>from 60 days to 30 days. Some</p><p>commenters recommended that the 60-</p><p>day timeframe be 60 school days. A few</p><p>commenters stated that the timeframe</p><p>for evaluation should be longer if</p><p>additional time is required for specific</p><p>assessments, such as behavioral</p><p>assessments or other assessments based</p><p>on scientific practices.</p><p>Discussion: It would be inconsistent</p><p>with the Act to reduce the timeframe</p><p>from 60 days to 30 days, require the 60-</p><p>day timeframe to be 60 school days,</p><p>extend the timeframe for particular</p><p>types of assessments, or require that the</p><p>60-day timeframe cover both the</p><p>evaluation and determination of</p><p>eligibility. Section 614(a)(1)(C)(i)(I) of</p><p>the Act requires an initial evaluation to</p><p>be conducted within 60 days of</p><p>receiving parental consent for the</p><p>evaluation or, if the State establishes a</p><p>timeframe within which the evaluation</p><p>must be conducted, within that</p><p>timeframe. The regulations in</p><p>§ 300.301(c) reflect this requirement.</p><p>Changes: None.</p><p>Comment: A few commenters asked</p><p>whether a State could establish a</p><p>timeframe of more than 60 days to</p><p>complete an initial evaluation. A</p><p>significant number of commenters</p><p>recommended that if a State establishes</p><p>its own timeframe within which an</p><p>evaluation must be conducted, that the</p><p>timeframe be less, but not more, than 60</p><p>days. Several commenters</p><p>recommended that if a State has its own</p><p>timeframe for evaluation, the timeframe</p><p>should be reasonable and reasonable</p><p>should be defined. Some commenters</p><p>recommended that if a States timeframe</p><p>is greater than 60 days, the Department</p><p>should provide guidance to the State</p><p>and to parents in that State. One</p><p>commenter recommended that if a State</p><p>establishes its own timeframe, the State</p><p>must offer parents an adequate</p><p>opportunity to assert their procedural</p><p>rights.</p><p>Discussion: Section 300.301(c),</p><p>consistent with section 614(a)(1)(C)(i)(I)</p><p>of the Act, requires an initial evaluation</p><p>to be completed within 60 days of</p><p>receiving parental consent for</p><p>evaluation or, if the State establishes a</p><p>timeframe within which the evaluation</p><p>must be conducted, within such</p><p>timeframe. The Department declines to</p><p>require that a State-established</p><p>timeframe be less than 60 days or to</p><p>place additional requirements on States</p><p>with timeframes of greater than 60 days</p><p>because the Act gives States the</p><p>authority to establish different</p><p>timeframes and imposes no restrictions</p><p>on State exercise of that authority. We</p><p>believe this is evidence of an intent to</p><p>permit States to make reasoned</p><p>determinations of the appropriate</p><p>period of time in which evaluations</p><p>should be conducted based on</p><p>particular State circumstances.</p><p>Changes: None.</p><p></p><p>I requested to be notified also; it didn't happen and difficult child didn't bother to tell me when he was pulled from class for testing. Not sure there's much you can do about it except stress the anxiety reasoning.</p></blockquote><p></p>
[QUOTE="Sheila, post: 77555, member: 23"] It's my understanding that if your school district's administration offices are open during the summer, those days count toward the timeline requirements. If the administration offices are closed, the timeline picks up with school resuming in the fall. You'll need to check with your Special Education director to insure accuracy, and check your state regs to see what the stated time requirements are for the initial evaluation process. The following is from the US Dept's discussion about the 2004 IDEA requirements: (§ 300.301(c)) Comment: Numerous commenters requested that the regulations clarify when the 60-day timeframe for a public agency to conduct an initial evaluation begins. One commenter requested that the 60-day timeframe include completing both the evaluation and eligibility determination. Several commenters recommended reducing the timeframe for evaluations from 60 days to 30 days. Some commenters recommended that the 60- day timeframe be 60 school days. A few commenters stated that the timeframe for evaluation should be longer if additional time is required for specific assessments, such as behavioral assessments or other assessments based on scientific practices. Discussion: It would be inconsistent with the Act to reduce the timeframe from 60 days to 30 days, require the 60- day timeframe to be 60 school days, extend the timeframe for particular types of assessments, or require that the 60-day timeframe cover both the evaluation and determination of eligibility. Section 614(a)(1)(C)(i)(I) of the Act requires an initial evaluation to be conducted within 60 days of receiving parental consent for the evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe. The regulations in § 300.301(c) reflect this requirement. Changes: None. Comment: A few commenters asked whether a State could establish a timeframe of more than 60 days to complete an initial evaluation. A significant number of commenters recommended that if a State establishes its own timeframe within which an evaluation must be conducted, that the timeframe be less, but not more, than 60 days. Several commenters recommended that if a State has its own timeframe for evaluation, the timeframe should be reasonable and reasonable should be defined. Some commenters recommended that if a States timeframe is greater than 60 days, the Department should provide guidance to the State and to parents in that State. One commenter recommended that if a State establishes its own timeframe, the State must offer parents an adequate opportunity to assert their procedural rights. Discussion: Section 300.301(c), consistent with section 614(a)(1)(C)(i)(I) of the Act, requires an initial evaluation to be completed within 60 days of receiving parental consent for evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe. The Department declines to require that a State-established timeframe be less than 60 days or to place additional requirements on States with timeframes of greater than 60 days because the Act gives States the authority to establish different timeframes and imposes no restrictions on State exercise of that authority. We believe this is evidence of an intent to permit States to make reasoned determinations of the appropriate period of time in which evaluations should be conducted based on particular State circumstances. Changes: None. I requested to be notified also; it didn't happen and difficult child didn't bother to tell me when he was pulled from class for testing. Not sure there's much you can do about it except stress the anxiety reasoning. [/QUOTE]
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