denied IEP evaluation request

[richmanlopez]

I am still trying to get an IEP evaluation after being denied. Is it true that the evaluation will only test for academics which my daughter excels in? Her issues are social and emotional. I have gotten nowhere with the school after the trying their 6-8 week intervention and getting nowhere. My child just keeps getting timed out and sent to principal. This stinks!!!

What can I do next?




My 6 year daughter has a left brain development disorder that produces ridgity, impulsiveness and irritability. She mimics ODD and has tired prozac, paxil, tenex, vyvanse, adderal, ability, risperdone and currently trying geodon. Due to this problem with my child she is constantly rejected and alienated at school and has no friends. I myself have had to stay close to home and isolate frequently because of how defiant she is which is reflected on me by others.

 

[Ktllc]

Have you sent you request by certified mail return receipt? By law, they cannot deny you the evaluation.
Even if she is gifted, she can still qualify for an IEP.
I cannot give you more info because I am still learning how it works, but some other parents on the forum have gifted children with IEPs.
You might want to check the Special Education forum.

 

[HaoZi]

Mine has no academic issues, her issues are behavioral in nature and she wasn't denied an IEP. I'll grant her IEP needs work, but she has one. Put the request for an evaluation in writing, sent certified mail, return receipt requested, and get yourself an advocate for your daughter, it sounds like she'll need one in your SD. Others will be along with better and more specific advice.

 

[keista]

Here's the loophole I unsuccessfully tried but it's worth a shot.

Most elementary schools grade behavior. How are her report card behavior grades? Hmmmm flunking behavior? Well, if it's important enough to send a grade home, then it's important enough to set up an IEP.

In the evaluation request, specifically ask for social/emotional evaluations.

Have you tried finding an advocate? He or she WILL be able to get the whole process moving. In my school district, the public advocates are well known, and the second one is invited to an IEP meeting (even if they don't show) staff tone changes immediately. They know the parent has access to ALL the right and legal information and stop messing around.

 

[buddy]

If her issues are behavioral she needs adaptive behavioral scales and an FBA (functional behavioral assessment). You have gotten such a run around and I am just truly sorry for that. If she is receiving anything less than a POSITIVE behavioral plan when she has a known medical condition that can affect her functioning they are really in the wrong. The mandate for a child with a behavior challenge is to develop a PBIS (positive behavior intervention plan) different places use slightly different wording. It is designed by the IEP team following an assessment to look at what triggers the behaivors, what motivates the behaviors, what motivates HER to work better, to see what skills are missing in order for her to do better---and then to write a plan to TEACH those skills! Accommodations for handling stressful situations in a more proactive and appropriate way are written in the plan.

http://www.fape.org/

http://www.wrightslaw.com/info/bip.ciolfi.reichhardt.htm

The 2004 Individuals with Disabilities Education
Act (IDEA) states:
The IEP Team shall, in the case of a child whose behavior
impedes the child’s learning or that of others, consider the
use of positive behavioral interventions and supports, and
other strategies, to address that behavior.
IDEA Section 614 (d)

http://www.pacer.org/

 

[Allan-Matlem]

I suggest you make a meeting with someone in your kid's school building who will give you a sympathetic ear and advice how to approach the school and get help for your child. I think you want a different approach from time outs or any other motivational strategies -

http://lostatschool.org/answers/index.htm
http://www.livesinthebalance.org/

Allan

 

[TeDo]

If you put a request in writing as HaoZi said requesting difficult child be "evaluated for special education services including but not limited to THOROUGH academic, psychological, behavioral, Occupational Therapist (OT), and Speech evaluations", they legally CAN'T refuse to do the evaluations. Doing it this way and phrasing it this way will put FEDERAL timelines in place and there are repercussions if they don't do it. You need to be specific in your request and send it so you have proof and you need to send it to the principal AND the Director of Special Educaion.

Also, get an advocate ASAP. The sooner you get one on board, the less strain it will eventually cause YOU. Good Luck.

 

[JJJ]

Hold on everyone...we need to be careful when telling posters about their child's rights to special education. A school district is NOT required to evaluate a child just because a parent asked them to do so...even if it was by certified mail.

However, the school does not have to evaluate your child just because you asked. The school may not think your child has a disability or needs special education. In this case, the school may refuse to evaluate your child. If they refuse, they must let you know their decision in writing, and why they refused to evaluate.

http://www.fetaweb.com/

 

[JJJ]

Rich,

If your daughter is missing a significant amount of classroom time because she has been sent out of the classroom for behavior issues, that is what you should focus on when trying to get services for her. If you have not already informed the school that your daughter has a medically diagnosed disability that impacts her behavior and social-emotional functioning, you should do so immediately via certified, return receipt mail and include a note from the M.D. stating her diagnosis and manifestations of her disability. This will "legally" inform the school that they are dealing with a child who is protected under Section 504.

How often is she sent out of class? for how long? to where? Do they ever insist that you pick her up early from school? Has she been suspended at all?

 

[buddy]

Hold on everyone...we need to be careful when telling posters about their child's rights to special education. A school district is NOT required to evaluate a child just because a parent asked them to do so...even if it was by certified mail.


http://www.fetaweb.com/01/faqs.evaluations.htm

I am not an ed. advocate but I thought that had shifted somewhat in 2004 when IDEA was recertified (and I get confused because writeslaw still has articles from the past version as well as the new one), but any denial in writing can be appealed and on writeslaw they talk about getting an independent evaluation done when you disagree. Since the evaluation did not address the concerns (not a full evaluation then) and there is continued negative behavior management along with an identified problem/disability (if I understand dad correctly) then there are still channels to be explored. And any request does have to be responded to. 2004 changed things a little and said that thru child find they must do the appropriate testing and that referral can come from a parent too. To avoid the behavioral pieces is not ethical. I would appeal and ask for an independent evaluation at the school districts expense. Just my opinion and you need to ask someone in the legal community to make sure.

also from writeslaw:http://www.wrightslaw.com/info/test.force.school.htm

Can a school be "forced" to do something they don't want to do? That's an interesting way to frame the question.

Does the law require the school to test the child? Yes. You say testing is not needed when the child's teachers are providing accommodations and modifications. This is incorrect. Criteria for EvaluationsTeacher assessments and interventions do not meet the criteria for an evaluation. According to the IDEA, "the screening of a student by teacher or specialist to determine appropriate instructional strategies ... shall not be considered to be an evaluation .." (20 U.S.C. 1414(a)(1)(E))You do not say if the child is a child with a disability who receives special education services under an IEP, so we will look at two scenarios:

(1) parent requests evaluation of a child who is not receiving services under an IEP, and (2) parent requests evaluation of a child who receives Special Education services under an IEP. Parent Requests Evaluation of a Child Who is Not Receiving Services under an IEPYou wrote that the teachers provide accommodations and modifications. This suggests that the child needs to be evaluated for special education eligibility.The law about the requirement to evaluate if requested by the child's parent is clear and unambiguous:​

"A State educational agency, other State agency, or local educational agency [school district] shall conduct a full and individual initial evaluation ... either the parent of a child, or a State education agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability." 20 USC 1414(a)(1)​

In the section about Child Find, you learn:​

"All children with disabilities residing in the state, including children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated . . ." (20 U.S.C. 1412(a)(3))​

It seems like they did not do the behavioral part of the evaluation but of course I have not seen it and I am not a lawyer so in your case I would absolutely hire a lawyer, she has a long way to go in school and she is missing a lot of it for the behavioral methods being used.

 

[buddy]

If you decide to request an IEE (Independednt educational evaluation at district expense becasue you disagree with the results)

http://www.wrightslaw.com/info/test.iee.steedman.htm

Q: What happens if the school says my child is not eligible for special education services?
A: If the group decides that your child is not eligible for special education services, the school system must tell you this in writing and explain why your child has been found “not eligible.”
Under the IDEA, you must also be given information about what you can do if you disagree with this decision.
Read the information the school system gives you. Make sure it includes information about how to challenge the school system’s decision. If that information is not in the materials the school gives you, ask the school for it.
Contact your state’s Parent Training and Information (PTI) center. The PTI can tell you what steps to take next. To find out how to contact your PTI, check the Directory of Parent Training Information Centers in the Getting Help section of this site.

 

[somerset]

Hold on everyone...we need to be careful when telling posters about their child's rights to special education. A school district is NOT required to evaluate a child just because a parent asked them to do so...even if it was by certified mail.

Thank you. I keep hearing that the school can't refuse to evaluate, but my school district (very large and well-known) has in its written policy (I found the documents online) that they don't have to do an evaluation if they don't think the child needs it. As far as I know, if your request is denied, you have to go to the next step, which involves a hearing, which most people probably can't handle without an advocate. If you can't afford an advocate, it seems to me you are pretty much screwed.

 

[buddy]

http://www.pacer.org/legislation/idea/pdf/idea2004parentguide.pdf This is a really good parent guide that goes throug step by step what you can do... from IDEA 2004 and there is even a sample letter for requesting an evaluation by parents. Parents were added as a referral source for child find. In other threads we have discussed how many systems are set up to show what in class interventions etc. have been tried and how to gather concerns. etc.

If the school decides that there is not enough evidence of a “suspected disability” and, therefore, denies your request for
an evaluation, the school must provide you with a written notice of its decision. Known as Prior Written Notice, this notice
must include:
• A description of the action proposed or refused by the district
• An explanation of why the district proposes or refuses to take the action and a description of all student information
used as a basis for the decision
• A statement that the parents have protection under the Procedural Safeguards (as described in Chapter 4: Procedural
Safeguards)

But in this situation, it seems they did the pre-intervention stuff... it is time to use those rights and maybe ask for mediation or whatever the next step is....