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Special Ed 101
Can SD delay evaluation and IEP?
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<blockquote data-quote="Superpsy" data-source="post: 250476" data-attributes="member: 5848"><p>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.</p><p> </p><p>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. =)</p><p> </p><p>One thing to note...it 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*</p><p> </p><p>Your situation also sounds like they may need to expedite the evaluation.</p></blockquote><p></p>
[QUOTE="Superpsy, post: 250476, member: 5848"] 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 note...it 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. [/QUOTE]
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Can SD delay evaluation and IEP?
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