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Special Ed 101
Refusal to Evaluate
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<blockquote data-quote="Sheila" data-source="post: 70606" data-attributes="member: 23"><p>It'll help if we know if the refusal was put in writing from the sd to you. If it was verbal, it is a non-compliance issue.</p><p></p><p>From US Dept of Education (Fed Regs)</p><p></p><p>" If, however, the public agency does</p><p>not suspect that the child has a</p><p>disability and denies the request for an</p><p>initial evaluation, the public agency</p><p>must provide written notice to the</p><p>parents, consistent with § 300.503(b)</p><p>and section 615(c)(1) of the Act, which</p><p>explains, among other things, why the</p><p>public agency refuses to conduct an</p><p>initial evaluation and the information</p><p>that was used as the basis to make that</p><p>decision. The parent may challenge</p><p>such a refusal by requesting a due</p><p>process hearing, but the timeline for</p><p>conducting the evaluation does not</p><p>begin prior to parental consent for</p><p>evaluation ..</p><p></p><p>Comment: A few commenters</p><p>recommended that the regulations</p><p>clarify whether a public agency has the</p><p>right to deny a parents request for an</p><p>initial evaluation.</p><p>Discussion: The regulations are</p><p>sufficiently clear on this point. Section</p><p>300.503(a), consistent with section</p><p>615(b)(3) of the Act, provides that a</p><p>public agency may refuse to initiate or</p><p>change the identification, evaluation, or</p><p>educational placement of the child, or</p><p>the provision of FAPE to the child, if the</p><p>public agency provides written notice.</p><p>This includes situations in which a</p><p>public agency wishes to deny a parents</p><p>request for an initial evaluation. The</p><p>written notice must meet the</p><p>requirements in § 300.503(b). Thus, for</p><p>situations in which a public agency</p><p>wishes to deny a parents request for an</p><p>initial evaluation, the written notice</p><p>would provide, among other things, an</p><p>explanation of why the public agency</p><p>refuses to conduct an initial evaluation</p><p>and the information that was used to</p><p>make that decision. A parent may</p><p>challenge the public agencys refusal to</p><p>conduct an initial evaluation by</p><p>requesting a due process hearing."</p><p></p><p>I recommend that you send another request using the format at <a href="http://www.conductdisorders.com/community/threads/if-i-want-to-write-a-formal-request-for-iep-re-evaluation.22433/" target="_blank">http://www.conductdisorders.com/community/threads/if-i-want-to-write-a-formal-request-for-iep-re-evaluation.22433/</a>. It is VERY IMPORTANT to stay off the phone and send the letter via certified mail.</p><p></p><p>You can edit out the Parent Report info and submit it at a later date. It's important to retitle it Parent Input. They must consider "parent input" in the evaluation.</p><p></p><p>If you have notes from the teachers regarding behavior, hang on to them. If you don't have a log of contacts from the school (formal or informal), start one. It's more common than you may think for teachers to beg a parent for help, but their hands are tied by the district, and when you get into a meeting all comments are rosy, just "typical behavior," etc. You may need documentation to counter such sd maneuvers.</p><p></p><p>With this school district, you're probably going to need documentation. It's best to work on the premise that "if it's not in writing, it didn't happen." In the event you have to file a Complaint or go to Due Process, documentation will come in handy.</p><p></p><p>Finding a good advocate is a great idea.</p><p></p><p>Welcome to the site!</p></blockquote><p></p>
[QUOTE="Sheila, post: 70606, member: 23"] It'll help if we know if the refusal was put in writing from the sd to you. If it was verbal, it is a non-compliance issue. From US Dept of Education (Fed Regs) " If, however, the public agency does not suspect that the child has a disability and denies the request for an initial evaluation, the public agency must provide written notice to the parents, consistent with § 300.503(b) and section 615(c)(1) of the Act, which explains, among other things, why the public agency refuses to conduct an initial evaluation and the information that was used as the basis to make that decision. The parent may challenge such a refusal by requesting a due process hearing, but the timeline for conducting the evaluation does not begin prior to parental consent for evaluation .. Comment: A few commenters recommended that the regulations clarify whether a public agency has the right to deny a parents request for an initial evaluation. Discussion: The regulations are sufficiently clear on this point. Section 300.503(a), consistent with section 615(b)(3) of the Act, provides that a public agency may refuse to initiate or change the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child, if the public agency provides written notice. This includes situations in which a public agency wishes to deny a parents request for an initial evaluation. The written notice must meet the requirements in § 300.503(b). Thus, for situations in which a public agency wishes to deny a parents request for an initial evaluation, the written notice would provide, among other things, an explanation of why the public agency refuses to conduct an initial evaluation and the information that was used to make that decision. A parent may challenge the public agencys refusal to conduct an initial evaluation by requesting a due process hearing." I recommend that you send another request using the format at [url]http://www.conductdisorders.com/community/threads/if-i-want-to-write-a-formal-request-for-iep-re-evaluation.22433/[/url]. It is VERY IMPORTANT to stay off the phone and send the letter via certified mail. You can edit out the Parent Report info and submit it at a later date. It's important to retitle it Parent Input. They must consider "parent input" in the evaluation. If you have notes from the teachers regarding behavior, hang on to them. If you don't have a log of contacts from the school (formal or informal), start one. It's more common than you may think for teachers to beg a parent for help, but their hands are tied by the district, and when you get into a meeting all comments are rosy, just "typical behavior," etc. You may need documentation to counter such sd maneuvers. With this school district, you're probably going to need documentation. It's best to work on the premise that "if it's not in writing, it didn't happen." In the event you have to file a Complaint or go to Due Process, documentation will come in handy. Finding a good advocate is a great idea. Welcome to the site! [/QUOTE]
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