Re-evaluation issues

Discussion in 'Special Ed 101' started by klmno, Mar 31, 2009.

  1. klmno

    klmno Active Member

    The sd was supposed to have my son's re-evaluation completed and a new IEP meeting by sometime in April. We first discussed this in Jan and they of course, had to have my consent "right away" so they could start because they talked about how long it would take the ed spec to complete her report after testing. I sent the signed form back with a letter about the evaluation not being comprehensive as required by state regs, but after learning that they had to complete their proposed evaluation prior to me requesting an IEE, I decided to go that route.

    difficult child was in a psychiatric hospital from the beginning of Feb until mid-March and they told me they didn't want to have to travel there and wanted to wait until he was stable to evaluation him. I did not agree to that and told them that the point of the evaluation was to see how his disability effeected his ability to learn- not to wait until he was not symptommatic. But they never went to evaluation him. Then, difficult child was held in our local detention for 2 weeks awaiting transfer to state. They wanted to have a meeting for me to agree to put "his evaluation and IEP on hold". I checked with state Department of Juvenile Justice and they said don't agree to holding a IEP or evaluation up- they said difficult child would be on an IEP in state juvy and that the home sd is responsible for everything, including the evaluation, until he was officially transferred. I relayed that to the sd. Any evaluation's and IEP was supposed to also be transfered to state Department of Juvenile Justice.

    difficult child was transfered yesterday. I emailed the sd this morning and asked for copies of any test results/assessments completed. She emailed back and said that they never did any because difficult child was transfered and "the team" decided to put it on hold until he is re-enrolled in their sd.

    Is "the team" supposed to mean a separate evaluation'ing team? We did not have an IEP meeting and I never agreed to put this on hold. Now, this might not seem like a big deal, but what happens when difficult child goes back to their sd? Is he going to be on an IEP for 3 mos while we wait for them to do a half-arsed evaluation again, then me ask for an IEE? He won't be going back to this school (unless he fails this grade)- he'll be going to high school.

    It is so annoying to know how they hounded me to hurry and get my parent's forms in, signed consent, difficult child's books back to school, etc. Yet they sat there and didn't do one darn thing to address this evaluation themselves.

    I just sent an email back asking what was done in the past 2+ mos and askiing what "team" put this on hhold and was she telliing me that the iep was put on hold at some previous point, too. (It was not supposed to be and I sure never agreed to it). Also, I asked what difficult child's status would be upon his return and if they forwarded his iep to Department of Juvenile Justice. I wonder if any of them will even bother to email back at all now.
    Last edited: Mar 31, 2009
  2. Sheila

    Sheila Moderator

    "the team" is the IEP Committee Members. Obviously half the team (you) didn't agree to that.

    For paper trail purposes, you may want to consider reminding them that you are part of "the team" and you did not agree to the stall and WHEN IS IT GOING TO BE DONE???
  3. klmno

    klmno Active Member

    She just emailed me (the cm at the sd) and said they sent his IEP to state Department of Juvenile Justice and the state will evaluation him as they deem necessary but they made note in his file that the re-evaluation and eligibility determination are to be revisited upon his release from Department of Juvenile Justice and re-entry into their school system. So, that leaves me wondering, if he leaves state Department of Juvenile Justice with an active iep in hand, doesn't the sd have to leave that in place until they re-evaluation him? And, if the state does the re-evaluation, does the sd have to honor that whaen he transfers back into their system or can they refuse to and insist on doing their own?

    My concern is that while state Department of Juvenile Justice is going to want to keep him on an iep, the sd does not. And this works the same as a kid who transfres from one sd to another in the state- when that happens, doesn't the iep transfer also and if there has been an evaluation within 3 years, can the "new" sd scrap it and ignore it and do their own evaluation and eligibility determination?
  4. selfadvocate

    selfadvocate New Member

    We are going thru a requested re-evaluation for our son who is in high school and was initially evaluated with ADHD 8 years ago, and has been in Special Education since. Our ARD has reconveined twice last month and awaiting to continue any day now, we have not agreed or disagreed, we just need more time to take it in consideration. There is NOTHING wrong with taking a "recess" or "adjourn" until the next day if needed.
    I would DEFINITELY AT LEAST get you an advocate to be in the ARD with you or on the phone that you feel comfortable with. our son was lacking his medications most of this school year due to finances and was issued a truancy court order to be withdrawn from public school and get his GED without "due process" (mediation to determine what was in his best interest before alternate educational plan was administered).
    I would get in contact (if you have no advocate other than yourself) with, they were going to help us but we instead have retained a law firm for our situation.
    Just remember YOU will always be your childs advocate and the IEP/ARD is NOT complete UNTIL EVERYONE is in 100% Agreeance and sign off at the end of your ARD.
    I will try to hang in and help where I can, best to you and your child. YOU ARE YOUR CHILDRENS ADVOCATE and cannot be overruled, there is "Due Process".