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<blockquote data-quote="Martie" data-source="post: 6629" data-attributes="member: 284"><p>Hi,</p><p></p><p>The issue you raise just came up in a class I am teaching yesterday: What happens when SDs "mandate" intervention prior to referral and the parent has triggered a referral?</p><p></p><p>The reg you cite is to IDEA 97. The new statute is clear: time allowed for evaluation is no longer left up to the states. It is uniformly 60 days across the U.S. now. Fed law always supercedes state law.</p><p></p><p>I do not know the answer to your question, what happens whenabout timelines for evaluation and times line for "flex serve interventions" conflict or are running simultaneously? This will be litigated I am sure. That is what happens all the time in Sp Ed law.</p><p></p><p>I always advise parents to trigger the time line for a full evaluation if they feel an evaluation at this point is in the best interest of the child. You have done that with the certified letter. If they ask for a waiver of timelines from you, you can say no. (Most time lines can be waived by mutual consent of the parties.)</p><p></p><p>As far as taping goes, it never happens in IL but laws vary from state to stae. However, if this is a legal proceeding, where you could lose right or your child could suffer negative consequences, then a court reporter should be present. If it is informal, you could ask to tape, but don't be surprised if someone objects. In IL you need consent of all parties to tape and SD personnel are trained like Pavlov's dogs to object.</p><p></p><p>Be sure to have your medical records regarding why your difficult child is missing school. I still think your SD is harrassing you but you don't want to take any chances.</p><p></p><p>Save the rep for later--you still might need him.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 6629, member: 284"] Hi, The issue you raise just came up in a class I am teaching yesterday: What happens when SDs "mandate" intervention prior to referral and the parent has triggered a referral? The reg you cite is to IDEA 97. The new statute is clear: time allowed for evaluation is no longer left up to the states. It is uniformly 60 days across the U.S. now. Fed law always supercedes state law. I do not know the answer to your question, what happens whenabout timelines for evaluation and times line for "flex serve interventions" conflict or are running simultaneously? This will be litigated I am sure. That is what happens all the time in Sp Ed law. I always advise parents to trigger the time line for a full evaluation if they feel an evaluation at this point is in the best interest of the child. You have done that with the certified letter. If they ask for a waiver of timelines from you, you can say no. (Most time lines can be waived by mutual consent of the parties.) As far as taping goes, it never happens in IL but laws vary from state to stae. However, if this is a legal proceeding, where you could lose right or your child could suffer negative consequences, then a court reporter should be present. If it is informal, you could ask to tape, but don't be surprised if someone objects. In IL you need consent of all parties to tape and SD personnel are trained like Pavlov's dogs to object. Be sure to have your medical records regarding why your difficult child is missing school. I still think your SD is harrassing you but you don't want to take any chances. Save the rep for later--you still might need him. Martie [/QUOTE]
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