psychiatric evaluation results ignored in new IEP

Discussion in 'Special Ed 101' started by tessaturtle, Sep 5, 2007.

  1. tessaturtle

    tessaturtle New Member

    My difficult child is fine, this question is regarding the difficult child that I am the GAL for. HIs most recent full psychiatric evaluation(which included educational reccomendations) diagnosed him with ADHD, PTSD, Anxiety, Mood Disorder not otherwise specified, rule out BiPolar Disorder, and Nonverbal Learning Disability. THe Neuropsychologist made reccomendations for daily living but also, specifically, for his learning style and academic performance realted to his learning disability and his emotional disabilities. The sending school and receiving school held his 3 yr IEP meeting and did not inform some people, myself included, of the meeting. I was not informed that this meeting had happened until a month later during a visit with-the foster parent. By that time the educational surrogate had already signed the IEP. I called the sending school, they apologized, and they sent me a copy of the signed IEP. I asked if they incorporated his recent evaluation, specifically the new diagnosis of Learning DIsability. THey said that they used "some" of the new evaluation, but kept his disabilty as a Emotional Disturbance. On review of the new IEP, they did not seem to incorporate ANY of the evaluation findings except to mention that it was conducted and was used as additional information to be considered. In fact, when they list his functional needs, they list his diagnosis but they are outdated and pretty different from his most recent diagnosis.

    Are they allowed to just ignore this most recent evaluation? It doesn't make since that people can just pick and choose which (from previous years) evaluations they use information and diagnosis from. ALso, can't and aren't they supposed to include his learning disability into the IEP while still keeping the Emotional Disturbance?

    THanks for any info/help!
  2. Sheila

    Sheila Moderator

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Are they allowed to just ignore this most recent evaluation? </div></div>

    (I'm assuming this is a private evaluation.) The answer is "no." The sd is required to "consider" the evaluation. I've seen it to where a hand flipping through a report is enough for the sd to take the position it was "considered." In that this sd apparently incorporated some of the recommendations into the IEP, they fulfilled their obligation.

    <div class="ubbcode-block"><div class="ubbcode-header">Code:</div><div class="ubbcode-body ubbcode-pre" style="height: 34px;"><pre>ALso, can't and aren't they supposed to include his learning disability into the IEP while still keeping the Emotional Disturbance?

    Yes, they should. The eligility category for ED does not preclude the IEP addressing the Learning Disability (LD).

    Sounds like another IEP needs to be held. If you can't legally call an IEP, perhaps you can encourage foster mom to do so.
  3. tessaturtle

    tessaturtle New Member

    Thanks for replying!

    Technically, yes, the most recent evaluation was done outside of the school by one of the local mental health agencies because it was court ordered. So, knowing the 3 yr IEP revision was coming up, the school chose to not run any of its own evaluations since that one had been recently done. I would think in that case, they would have to put more weight to it since they didn't have their own evaluations to go on. Of course, I haven't received any call backs from my messages I have left with the school!
  4. Babbs

    Babbs New Member

    you are the GAL for this student correct?

    Time to stop calling and write a letter co-signed by foster parent rejecting the existing IEP and send it certified mail...

    That's just my $0.02
  5. Sheila

    Sheila Moderator

    If the sd chose to use the private evaluation rather than perform their own, they shouldn't pick and choose what suits or is convenient to the sd out of the report to use in designing the IEP, in my opinion. I've seen the same thing happen with sd evaluations however, e.g., sd committee members try to override their own professionals.