RE-evaluation Refusal

Discussion in 'Special Ed 101' started by TheOnlyMe, May 7, 2008.

  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    What is the next step if school is not administering a re-evaluation on an "at risk", ED, ADHD, Learning Disability (LD) student, they are attempting to do an annual IEP? Mediation and then Due Process?
  2. Sheila

    Sheila Moderator

  3. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom


    Here is the reply I just received!!!!

    In order for me to complete your request for the psycho-educational assessment, we need to have an ARD to complete the Re-evaluation Plan, Notice of Full Individual Evaluation, and obtain written consent.:faint:

    First of all I already consented on the 1st of April, second I can not find anywhere an ARD IS REQUIRED AGAIN when it(the Consent) is attached to the minutes of the last one!

    I think she trying to do the slick willy on me AGAIN!! :biting: We have a transition ARD already scheduled for Thursday per the email I sent on Monday! It was scheduled for an annual and I told them no annual until the evaluation, transition back to main campus and half a day at DTC!
  4. Sheila

    Sheila Moderator

    I agree. And I know you'll hold their feet to the fire.:crazy1:
  5. Martie

    Martie Moderator

    I know this isn't funny, but you guys crack me up!

    When it comes to Special Education law it is not the STATE of Texas, it's the COUNTRY of Texas...

    Amazing y'all still get federal funding.

  6. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    LOL!! that is so true Marty!!!:peaceful:

    The next step is a complaint to the TEA, Civil Rights and OSEP (yes:tongue: Shelia Certified Return Receipt), the ISD has refused to comply with 34 CFR 300.303 in regards to the time line of 60 day. Their stance is it only applies to "initial evaluations and not re-evaluations" even though I read verbatim the 2004 IDEA to them.

    So this complaint will be inclusive of the IEP not being followed which was a motivator to a deterioration of stability to the point of his transfer to a DTC.

    by the way for those who don't know me, I do tape record all of my ARDs(Texas style) and am able to email and burn them to a CD to accompany the complaint. This whole fiasco was a deterrent to the fact he will be turning 18 in three months, but the ACE in the hole of Texas Hold 'Em Poker is I already have a general power of attorney signed from difficult child which I will share with them at the ARD after he is 18!!! *evil laugh*!!!!:laugh: to be cont........
  7. Martie

    Martie Moderator

    You were VERY smart to get power of attorney, even if it is limited to educational decision making only (which yours is not.)

    This topic has not been discussed for a while. It is important for parents to do this for children who will be in school after they are nominally "adults", i.e, after 18 because if WE can't cope with all the rules, regs, and loopholes, HOW are newly minted "adults" supposed to do this?

  8. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Here is web page which discuss the differences of the types of power of attorney.

    Here is the one we completed::crazy1:

    I, _____________________________ [YOUR FULL LEGAL NAME], residing at ___________________________________________________________________________________ [YOUR FULL ADDRESS], hereby appoint ___________________________________ of _________________________, _________________________, ___________________________________, as my Attorney-in-Fact ("Agent").
    If my Agent is unable to serve for any reason, I designate ___________________________________, of _________________________, _________________________, _________________________ __________, as my successor Agent.
    I hereby revoke any and all general powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me.
    My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to:
    1. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, and other similar accounts with financial institutions.
    a. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity.
    b. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities.
    c. Have access to any safe deposit box that I might own, including its contents.
    2. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets or property may include income producing or non-income producing assets and property.
    3. Purchase and/or maintain insurance, including life insurance upon my life or the life of any other appropriate person.
    4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any claim, whether made against me or asserted on my behalf against any other person or entity.
    5. Enter into binding contracts on my behalf.
    6. Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds, debentures, or other investments.
    7. Maintain and/or operate any business that I may own.
    8. Employ professional and business assistance as may be appropriate, including attorneys, accountants, and real estate agents.
    9. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of my property (now owned or later acquired) including, but not limited to, real estate and real estate rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber any homestead that I now own or may own in the future.
    10. Prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authorization to:
    a. Prepare, sign and file income and other tax returns with federal, state, local, and other governmental bodies.
    b. Obtain information or documents from any government or its agencies, and negotiate, compromise, or settle any matter with such government or agency (including tax matters).
    c. Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including military and social security benefits).
    11. Make gifts from my assets to members of my family and to such other persons or charitable organizations with whom I have an established pattern of giving. However, my Agent may not make gifts of my property to the Agent. I appoint ___________________________________, of _________________________, _________________________, _________________________ __________, as my substitute Agent for the sole purpose of making gifts of my property to my Agent, as appropriate.
    12. Transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer.
    13. Disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate.
    This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner.
    Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, and (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.
    My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.
    I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document.
    My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred in connection with this Power of Attorney.
    My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so request or if such a request is made by any authorized personal representative or fiduciary acting on my behalf.
    This Power of Attorney shall become effective immediately and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.
    Dated ____________________, 20____ at _________________________, _________________________.










    Acknowledgement: STATE OF _________________________

    COUNTY OF _______________________

    The foregoing instrument was acknowledged before me this _____ day of ____________________, 20____ by _____________________________ [YOUR FULL LEGAL NAME], who is personally known to me or who has produced ________________________________ as identification.

    Signature of person taking acknowledgment

    Name typed, printed, or stamped

    Title or rank

    Serial number (if applicable)

    This document was prepared by:

    Name: ___________________________________
    Address: ___________________________________
  9. Martie

    Martie Moderator

    Thanks for posting this.

    I want to point out that minors who are likely to be "competent" as adults, i.e., most of our kids, do not need to give such broad power of attorney to the parent to be protected from a SD, It s possible to give POA for a limited set of decisions, such as educational, or financial, for example.

    This is an area in which I would consult an attorney if you are concerned long-term about how to deal with a less than competent adult.

  10. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Here is a more general I found but you are right Martie consulting an attorney is very good advice.

    GENERAL POWER OF ATTORNEY I, __________, of __________, hereby appoint __________, of __________, as my attorney in fact to act in my capacity to do every act that I maylegally do through an attorney in fact. This power shall be in full force and effect on the date below written and shall remain in full force and effect until __________ or unless specifically extended or rescinded earlier by either party. Dated __________, 20____. By: __________ STATE OF __________COUNTY OF __________ BEFORE ME, the undersigned authority, on this __________ day of __________,20_____, personally appeared __________ to me well known to be the person described in and who signed the Foregoing, and acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein expressed. WITNESS my hand and official seal the date aforesaid. NOTARY PUBLIC My Commission Expires:
  11. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    :surprise:The Diag called and wants to see if she can start his testing Friday, Monday and Tuesday, since the psychological is almost complete of the FIE. She says she don't know a complete date due to she hasn't started yet but at least she has started.:hellyes:
  12. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    I took son to DARS ( Department of Reahabilitative Services of Texas). They are going to do a NEROPSYCH!!!:surprise: evaluation on June 9th WHOOO HOOO!!! More ammo for when the SD comes with their FIE whenever it comes!!!
  13. Sheila

    Sheila Moderator

    Great news! What a resource you've found.

    Let us know how it goes.