Can SD delay evaluation and IEP?

Discussion in 'Special Ed 101' started by Shari, Mar 2, 2009.

  1. Shari

    Shari IsItFridayYet?

    I submitted an IEP evaluation request on 12/24. I was in contact with the SpEd Director during Christmas break. The school resumed classes on 1/6, so its my understanding that the request was then effective 1/6. even though we'd been in contact prior to that.

    The date for the evaluation results meeting was set on Monday, 2/16, right after wee difficult child came back from his first suspension. The evaluation results meeting was to take place on 3/10.

    On Tuesday, 2/17. they suspended wee difficult child again for the rest of that week. He was sick the following Monday, 2/23, and returned to school on Tuesday, 2/24. On Wednesday, 2/25, they decided he will only be allowed to attend half-days from now on.

    This morning I was informed the evaluation will have to be delayed due to absences and the meeting will not take place until sometime after March 30.

    Can they do this?
  2. 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 sd and that you will make him available.

    Also fax the letter to speed up the snail mail.
  3. Superpsy

    Superpsy New Member

    The short answer to your initial question is "no." The school district cannot delay the evaluation. Sheila mentioned the one caveat and ditto on her advice.

    Timelines vary by state but typically the sd has about 60 calendar days to complete the evaluation. 60 days would have been 2/24 by my count. Stinks for school districts but holiday breaks do count. =)

    One thing to sounds like difficult child has been suspended ALOT so far. As far as I know a student who is currently being evaluated still has all the rights of any other special education student. A manifestation determination might be in order. A manifestation determination should be held if difficult child has been suspended for 10 or more days in a school year OR if the suspensions constitute a pattern (it sounds like this to me). *In short- manifestation determination meetings decide if the behavior which caused the suspensions is related to the student's disability OR if the district did not implement the IEP*

    Your situation also sounds like they may need to expedite the evaluation.
    Last edited: Mar 2, 2009