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Special Ed 101
Heard back from school after my request-HELP!
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<blockquote data-quote="Sheila" data-source="post: 100108" data-attributes="member: 23"><p>Sorry for the delay. I know the frustration youre going through, but try to pace yourself. This process takes a while. </p><p></p><p>Your letter is good. There should be no confusion on the sds part as to what you asked for.</p><p></p><p>I perceive this as a stall tactic, e.g., the sd has not out right refused to evaluate and have indicated that they are gathering data. Theres a lot that goes into a full evaluation and gathering data is part of the process.</p><p></p><p>The regs state that when a parent refers for an evaluation, the school district must perform the evaluation or refuse to do the evaluation. When they refuse to evaluate, they must notify the parent in writing (Prior Written Notice). Because we said so is not permissible. The letter must address the following:</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2C" target="_blank">http://idea.ed.gov/explore/view/p/,root,regs,300,E,300%2E503,</a></p><p></p><p>(b) Content of notice. The notice required under paragraph (a) of this section must include--</p><p>(1) A description of the action proposed or refused by the agency;</p><p>(2) An explanation of why the agency proposes or refuses to take the action;</p><p>(3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;</p><p>(4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;</p><p>(5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;</p><p>(6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and</p><p>(7) A description of other factors that are relevant to the agency's proposal or refusal.</p><p></p><p>Regarding the, already told me in teh letter that they arent going to be testing for medical conditions like ADHD/ADD, ODD, bipolar, that would not be part of the gathering data step. The actual psychological testing would be one part of the Full and Initial Evaluation.</p><p></p><p>If the letter reads something to the effect that we dont do this type of testing/evaluation, its a different story and a non-compliance issue. They must perform the evaluation with qualified school district personnel or contract with a professional that can perform the psychological evaluation for them.</p><p></p><p>You might want to consider helping the school district suspect. You can do this with a Parent Report just retitle it Parent Input. (School districts must consider input.) </p><p>A Parent Report is not something that can be done in one sitting. If you decide to do one, be sure and send it to the Sp Ed Director via Certified Mail.</p><p></p><p>If you want clarification for any part of the letter you were given, ask for it in writing and via Certified Mail.</p><p></p><p>Seems like there was something else I wanted to say, but cooking and responding is definitely not my strong suit this morning.</p></blockquote><p></p>
[QUOTE="Sheila, post: 100108, member: 23"] Sorry for the delay. I know the frustration youre going through, but try to pace yourself. This process takes a while. Your letter is good. There should be no confusion on the sds part as to what you asked for. I perceive this as a stall tactic, e.g., the sd has not out right refused to evaluate and have indicated that they are gathering data. Theres a lot that goes into a full evaluation and gathering data is part of the process. The regs state that when a parent refers for an evaluation, the school district must perform the evaluation or refuse to do the evaluation. When they refuse to evaluate, they must notify the parent in writing (Prior Written Notice). Because we said so is not permissible. The letter must address the following: [url]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2C[/url] (b) Content of notice. The notice required under paragraph (a) of this section must include-- (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (7) A description of other factors that are relevant to the agency's proposal or refusal. Regarding the, already told me in teh letter that they arent going to be testing for medical conditions like ADHD/ADD, ODD, bipolar, that would not be part of the gathering data step. The actual psychological testing would be one part of the Full and Initial Evaluation. If the letter reads something to the effect that we dont do this type of testing/evaluation, its a different story and a non-compliance issue. They must perform the evaluation with qualified school district personnel or contract with a professional that can perform the psychological evaluation for them. You might want to consider helping the school district suspect. You can do this with a Parent Report just retitle it Parent Input. (School districts must consider input.) A Parent Report is not something that can be done in one sitting. If you decide to do one, be sure and send it to the Sp Ed Director via Certified Mail. If you want clarification for any part of the letter you were given, ask for it in writing and via Certified Mail. Seems like there was something else I wanted to say, but cooking and responding is definitely not my strong suit this morning. [/QUOTE]
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Heard back from school after my request-HELP!
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