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Special Ed 101
SD is refusing to provide an IEP
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<blockquote data-quote="Martie" data-source="post: 129854" data-attributes="member: 284"><p>What happened to you is outrageous, and the SD did not follow the law, but unfortunately, neither did you. What the psychologist said (and yes, school psychologists are "real psychologists, but not all of them are good, and this one was not) is literally true: just because you have a DSM diagnosis done by an outside evaluator does not qualify a student for an IEP. However, the existence of the evaluation, and her conceding that points covered might fit under a 504, lets me know that there is something in the evaluation.</p><p></p><p>Here is the correct procedure: Send a certified letter requesting a full and complete case study evaluation of you difficult child in ALL AREA OF SUSPECTED DISABILITY. The SD must conduct its own evaluation as prescribed in section 1414 of IDEA. Components are specified and if it is not complete, then it is not valid. Then an eligibility meeting is convened. There is a two-pronged test for eligibility: the child must have a qualifying disability (you have this) and there must be demonstrable negative educational impact. Special education is a service, not a place, and it applies to those of any intellectual level who suffer negative educational impact from a covered disorder. been there done that year ago with my ex-difficult child...he was IEP qualifed with well above average IQ and average grade level reading and really hgih math skills because he had HUGE negative educational impact form depression and ODD. He was classified as EBD, received many accommodations and some services but was never in a special class---he even attended school half days due to his IEP status.</p><p></p><p>Here is a link that will be helpful to you: <a href="http://www.wrightslaw.com" target="_blank">www.wrightslaw.com</a>. Also, the archives of Sp Ed 101 contain threads on "getting started" and other informative things.</p><p></p><p>Unfortunately, all the time the independent evlaution sat with the SD is lost. Send your request BY CERTIFIED MAIL and that starts a 60 calendar day time line that the SD has to complete the evaluation. They must consider, but are not obligated to follow, your IE. If I were you, I would not go to another meeting alone. If the psychologist tries to intimidate you again, I would complain in writing...if you have someone with you, you have a witness.</p><p></p><p>I know it;s hard even when you have skills as a mediator. I found it hard and I teach this stuff at a university.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 129854, member: 284"] What happened to you is outrageous, and the SD did not follow the law, but unfortunately, neither did you. What the psychologist said (and yes, school psychologists are "real psychologists, but not all of them are good, and this one was not) is literally true: just because you have a DSM diagnosis done by an outside evaluator does not qualify a student for an IEP. However, the existence of the evaluation, and her conceding that points covered might fit under a 504, lets me know that there is something in the evaluation. Here is the correct procedure: Send a certified letter requesting a full and complete case study evaluation of you difficult child in ALL AREA OF SUSPECTED DISABILITY. The SD must conduct its own evaluation as prescribed in section 1414 of IDEA. Components are specified and if it is not complete, then it is not valid. Then an eligibility meeting is convened. There is a two-pronged test for eligibility: the child must have a qualifying disability (you have this) and there must be demonstrable negative educational impact. Special education is a service, not a place, and it applies to those of any intellectual level who suffer negative educational impact from a covered disorder. been there done that year ago with my ex-difficult child...he was IEP qualifed with well above average IQ and average grade level reading and really hgih math skills because he had HUGE negative educational impact form depression and ODD. He was classified as EBD, received many accommodations and some services but was never in a special class---he even attended school half days due to his IEP status. Here is a link that will be helpful to you: [url]www.wrightslaw.com[/url]. Also, the archives of Sp Ed 101 contain threads on "getting started" and other informative things. Unfortunately, all the time the independent evlaution sat with the SD is lost. Send your request BY CERTIFIED MAIL and that starts a 60 calendar day time line that the SD has to complete the evaluation. They must consider, but are not obligated to follow, your IE. If I were you, I would not go to another meeting alone. If the psychologist tries to intimidate you again, I would complain in writing...if you have someone with you, you have a witness. I know it;s hard even when you have skills as a mediator. I found it hard and I teach this stuff at a university. Martie [/QUOTE]
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