I'm going to due process!

Discussion in 'Special Ed 101' started by Mickey2255, Oct 10, 2007.

  1. Mickey2255

    Mickey2255 New Member

    I got a big surprise in the mail when I got home tonight. I was copied on a letter from a law firm to the state of Michigan dept of ed that the school is denying our request for the IEE at public expense and is filing a due process hearing request!!

    Their "proposed solution" is that the school is requesting the entry of an order affirming that it's evaluations are appropriate within the meaning of IDEA and Michigan law, and therefore, denying our request for an IEE at public expense.

    It goes on to say that they considered granting the request but did not because 1. they believe their evaluations were appropriate within the meaning of IDEA and Michigan Law and therefore 2. not necessary or financially prudent to pay for an IEE. They are also concerned that I may be seeking an IEE for inappropriate purposes.

    They have scheduled a resolution meeting for October 17 at 10:00 a.m. While I "could" make this meeting I'm not sure I can be ready for it by then. What do you think? I really have no idea on how to proceed now... We had a METS meeting just today that went okay though I had already expressed that I wasn't thrilled with the choice and lack of tests that they did with difficult child.

    At the METS meeting I did get floored. The outside consult psychologist started his report with Austin's IQ scores and stated, "he's testing borderline retarded". Isn't that a bit inappropriate these days? His report uses "borderline cognitively impaired" which we've been told before but the use of the word "retarded" really caught me off guard and dropped my already low impression of this guy right to the bottom of the barrel. This is the same guy that asked me at the BIP meeting if Austin was medicated the morning he did the testing with him and expressed surprise when I said that he had indeed taken his medication that day.

    Any suggestions or ideas on this due process meeting? I'm really taken aback by the suggestion that I might be seeking this for inappropriate purposes. What on earth could be inappropriate about seeking FAPE for my kid? And I requested the IEE on the advice of an advocate...

    Sigh. One step forward and one step back.

  2. Sheila

    Sheila Moderator

    "Inappropriate purposes" is a key word. Parents have to "disagree" with the sd evaluation.

    I tried to post to this last night but I couldn't for some reason -- I think the board may have been down temporarily.

    I'm late for work and have to run, but I saved some research for you to MS Word.

    Sec. 300.502 Independent educational evaluation.


    Sec. 300.503 Prior notice by the public agency; content of notice.
    (a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency--
    (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
    (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
    (b) Content of notice. The notice required under paragraph (a) of this section must include--
    (1) A description of the action proposed or refused by the agency;
    (2) An explanation of why the agency proposes or refuses to take the action;
    (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
    (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
    (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;
    (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and
    (7) A description of other factors that are relevant to the agency's proposal or refusal.
    (c) Notice in understandable language.
    (1) The notice required under paragraph (a) of this section must be--
    (i) Written in language understandable to the general public; and
    (ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
    (Authority: 20 U.S.C. 1415(b)(3) and (4), 1415(c)(1), 1414(b)(1))

    Prior Written Notice by ed.gov http://idea.ed.gov/download/modelform2_Prior_Written_Notice.pdf
  3. Mrs Smith

    Mrs Smith New Member

    I don't have any personal experience with this but wanted to wish you luck. We're in the same boat with our son testing borderline but feel he's really capable of more.
  4. Sheila

    Sheila Moderator

    Is the outside consultant working for the sd or is it your private evaluator? It sounds as if he's employed by the sd, but I need to be sure.