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Special Ed 101
Need your help figuring this out test data and IEP
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<blockquote data-quote="Sheila" data-source="post: 84852" data-attributes="member: 23"><p>I wouldn't agree to dismissal from Special Education without a proper evaluation being performed by an appropriately certified diagnostician (minimum requirement) -- period. </p><p></p><p>If the WIAT II constitutes their evaluation, I'd want an IEE.</p><p></p><p>FYI -- significant discrepancy formulas for SLD are out. <a href="https://web.archive.org/web/20080307141138/http://www.schwablearning.org/articles.aspx?r=1063" target="_blank">https://web.archive.org/web/20080307141138/http://www.schwablearning.org/articles.aspx?r=1063</a> Even when they were supposedly the defining factor, the IEP committee could qualify if they felt the student warranted.</p><p></p><p>I'm assuming the 13.4 age reflected above is your child's actual/chronological age at the time the testing was done. Taken alone, it looks like difficult child is approx 2 - 3 years behind. I consider that "significant."</p><p></p><p>From <a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalBrief%2C4%2C" target="_blank">http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalBrief,4,</a> :</p><p><strong>8. Revise the provisions regarding the exception to requirements for evaluation before a change in eligibility.</strong></p><p></p><p>Except as provided in 34 CFR 300.305(e)(2), a public agency must evaluate a child with a disability in accordance with 34 CFR 300.304-300.311 before determining that the child is no longer a child with a disability.</p><p>[34 CFR 300.305(e)(1)] [20 U.S.C. 1414(c)(5)]</p><p></p><p>The evaluation described in 34 CFR 300.305(e)(1) is not required before the termination of a childs eligibility under Part 300 due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education (FAPE) under State law.</p><p>[34 CFR 300.305(e)(2)] [20 U.S.C. 1414(c)(5)]</p><p></p><p>For a child whose eligibility terminates under circumstances described in 34 CFR 300.305(e)(2), a public agency must provide the child with a summary of the childs academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the childs postsecondary goals.</p><p>[34 CFR 300.305(e)(3)] [20 U.S.C. 1414(c)(5)]</p><p></p><p></p><p><strong> Regulations: Part 300 / D / 300.305 / e</strong></p><p><strong>(e) Evaluations before change in eligibility.</strong></p><p></p><p>(1) Except as provided in paragraph (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with Sec. Sec. 300.304 through 300.311 before determining that the child is no longer a child with a disability.</p><p></p><p>See <a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C" target="_blank">http://idea.ed.gov/explore/view/p/,root,regs,300,D,</a> for 300.304 - 300.311 .</p><p></p><p>Your sd has a track record, Masta. I know it's not what you want to hear, but unless you are 100% comfortable with-having difficult child dismissed from special education, tread carefully.</p></blockquote><p></p>
[QUOTE="Sheila, post: 84852, member: 23"] I wouldn't agree to dismissal from Special Education without a proper evaluation being performed by an appropriately certified diagnostician (minimum requirement) -- period. If the WIAT II constitutes their evaluation, I'd want an IEE. FYI -- significant discrepancy formulas for SLD are out. [url]https://web.archive.org/web/20080307141138/http://www.schwablearning.org/articles.aspx?r=1063[/url] Even when they were supposedly the defining factor, the IEP committee could qualify if they felt the student warranted. I'm assuming the 13.4 age reflected above is your child's actual/chronological age at the time the testing was done. Taken alone, it looks like difficult child is approx 2 - 3 years behind. I consider that "significant." From [url]http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalBrief%2C4%2C[/url] : [B]8. Revise the provisions regarding the exception to requirements for evaluation before a change in eligibility.[/B] Except as provided in 34 CFR 300.305(e)(2), a public agency must evaluate a child with a disability in accordance with 34 CFR 300.304-300.311 before determining that the child is no longer a child with a disability. [34 CFR 300.305(e)(1)] [20 U.S.C. 1414(c)(5)] The evaluation described in 34 CFR 300.305(e)(1) is not required before the termination of a childs eligibility under Part 300 due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education (FAPE) under State law. [34 CFR 300.305(e)(2)] [20 U.S.C. 1414(c)(5)] For a child whose eligibility terminates under circumstances described in 34 CFR 300.305(e)(2), a public agency must provide the child with a summary of the childs academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the childs postsecondary goals. [34 CFR 300.305(e)(3)] [20 U.S.C. 1414(c)(5)] [B] Regulations: Part 300 / D / 300.305 / e (e) Evaluations before change in eligibility.[/B] (1) Except as provided in paragraph (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with Sec. Sec. 300.304 through 300.311 before determining that the child is no longer a child with a disability. See [url]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CD%2C[/url] for 300.304 - 300.311 . Your sd has a track record, Masta. I know it's not what you want to hear, but unless you are 100% comfortable with-having difficult child dismissed from special education, tread carefully. [/QUOTE]
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