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Special Ed 101
IEP advice needed
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<blockquote data-quote="Martie" data-source="post: 6481" data-attributes="member: 284"><p>Your SD is walking all over your rights and your difficult child's. Has been for years--will continue to unless you stop them.</p><p></p><p>FIRST, you need to send a CERTIFIED letter to the SD requesting a full case study evaluation of all areas that may be impeding difficult child's progress in the general education curriculum. It only "counts" if you send it certified. All these discussions you have had over the years do not "count" because they are not in writing. Here is a link to a sample letter. If you do not have a "parent report," omit those references. However, you SHOULD write a parent report in my opinion because you have things you want noticed about your difficult child. Further, it will allow you to demonstrate that you are NOT the problem indirectly.</p><p><a href="http://www.conductdisorders.com/community/threads/if-i-want-to-write-a-formal-request-for-iep-re-evaluation.22433/" target="_blank">http://www.conductdisorders.com/community/threads/if-i-want-to-write-a-formal-request-for-iep-re-evaluation.22433/</a></p><p></p><p>The SD must evaluate within 60 days OR take you to Due Process Hearing to show cause why they do not have to evaluate, i.e., follow the law. They cannot win, so unless the Director of Special Education is VERY stupid, they will not take you to DP over the evaluation. They can still do their IAT thing, but the clock is running on the evaluation. You DO NOT have to release your private evaluation unless you want to. It is not up to you to get evaluations to qualify your child for Sp. Ed. By law, that is the school's job. If you choose to release an independent evaluation (IE), then they must "consider it." If they do not have their own neuropsychologist evaluation., then they do not have much evidence against yours. If I were you, I would want to see their evaluation before deciding whether or not to release yours.</p><p></p><p>In a fair world, your child would already HAVE an IEP. In keeping her home last year, you did the SD a big favor in my opinion no matter what it did for your daughter. The SD practice is not research based: research says that the longer a child with anxiety successfully avoids school, the less likely it is that the student will ever return.</p><p></p><p>If you want to educate your daughter privately, that is your right. However, that the SD would effectively put your daughter out of school and then threaten you with truancy laws is just disgusting. by the way, truancy laws are rarely enforced at all and when there is a medical problem involved, the enforcement is even less. This is a coercive threat, pure and simple in my opinion.</p><p></p><p>So, what do you do with you daughter while this evaluation is being conducted? That is up to you but you might want to ask for a meeting to work out some of the problems you mention while the evaluation is in process. All you are required to do is make your daughter reasonably available to their evaluators. If she is in the hospital locally, that is still "available." Heck, my SD traveled 2400 miles round trip to evaluate my son when his psychiatrist said he could not return to the SD for evaluation without endangering his health. I signed the consent forms and told them the clock was running AND produced the psychiatrists letter. The SD COULD have declined to travel to evaluate, but then they would have been out of compliance on a three year re-evaluation. They did not want to be seen as out of compliance as attorneys were involved, so they traveled. I make this point because if your SD says they can't evaluate, you just say that she is available and it puts the ball back in their court.</p><p></p><p>Without putting this request in writing and sending it CERTFIED, you will continue to get the same run-around. Need I add that since you appear willing to remove your child, they are hoping that with enough procrastination on their part, you will do that.</p><p></p><p>You can read the Archives of Sp Ed 101 to learn about many of the common questions parents starting the process have. In addition, I recommend <a href="http://www.wrightslaw.com" target="_blank">www.wrightslaw.com</a> as a good source for parent self-education.</p><p></p><p>If you start the process, we, on the board, can support your efforts with information and encouragement. However, you have to stop your SD from abusing your rights and start demanding what your daughter needs to succeed first.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 6481, member: 284"] Your SD is walking all over your rights and your difficult child's. Has been for years--will continue to unless you stop them. FIRST, you need to send a CERTIFIED letter to the SD requesting a full case study evaluation of all areas that may be impeding difficult child's progress in the general education curriculum. It only "counts" if you send it certified. All these discussions you have had over the years do not "count" because they are not in writing. Here is a link to a sample letter. If you do not have a "parent report," omit those references. However, you SHOULD write a parent report in my opinion because you have things you want noticed about your difficult child. Further, it will allow you to demonstrate that you are NOT the problem indirectly. [url]http://www.conductdisorders.com/community/threads/if-i-want-to-write-a-formal-request-for-iep-re-evaluation.22433/[/url] The SD must evaluate within 60 days OR take you to Due Process Hearing to show cause why they do not have to evaluate, i.e., follow the law. They cannot win, so unless the Director of Special Education is VERY stupid, they will not take you to DP over the evaluation. They can still do their IAT thing, but the clock is running on the evaluation. You DO NOT have to release your private evaluation unless you want to. It is not up to you to get evaluations to qualify your child for Sp. Ed. By law, that is the school's job. If you choose to release an independent evaluation (IE), then they must "consider it." If they do not have their own neuropsychologist evaluation., then they do not have much evidence against yours. If I were you, I would want to see their evaluation before deciding whether or not to release yours. In a fair world, your child would already HAVE an IEP. In keeping her home last year, you did the SD a big favor in my opinion no matter what it did for your daughter. The SD practice is not research based: research says that the longer a child with anxiety successfully avoids school, the less likely it is that the student will ever return. If you want to educate your daughter privately, that is your right. However, that the SD would effectively put your daughter out of school and then threaten you with truancy laws is just disgusting. by the way, truancy laws are rarely enforced at all and when there is a medical problem involved, the enforcement is even less. This is a coercive threat, pure and simple in my opinion. So, what do you do with you daughter while this evaluation is being conducted? That is up to you but you might want to ask for a meeting to work out some of the problems you mention while the evaluation is in process. All you are required to do is make your daughter reasonably available to their evaluators. If she is in the hospital locally, that is still "available." Heck, my SD traveled 2400 miles round trip to evaluate my son when his psychiatrist said he could not return to the SD for evaluation without endangering his health. I signed the consent forms and told them the clock was running AND produced the psychiatrists letter. The SD COULD have declined to travel to evaluate, but then they would have been out of compliance on a three year re-evaluation. They did not want to be seen as out of compliance as attorneys were involved, so they traveled. I make this point because if your SD says they can't evaluate, you just say that she is available and it puts the ball back in their court. Without putting this request in writing and sending it CERTFIED, you will continue to get the same run-around. Need I add that since you appear willing to remove your child, they are hoping that with enough procrastination on their part, you will do that. You can read the Archives of Sp Ed 101 to learn about many of the common questions parents starting the process have. In addition, I recommend [URL='http://www.wrightslaw.com']www.wrightslaw.com[/URL] as a good source for parent self-education. If you start the process, we, on the board, can support your efforts with information and encouragement. However, you have to stop your SD from abusing your rights and start demanding what your daughter needs to succeed first. Martie [/QUOTE]
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