Eligibility: DIAGNOSIS AND DIFFICULTY IN SCHOOL, BUT DISTRICT SAYS NO SERVICES

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Susan:  My daughter went to a early education program last year, half days, she received OT & PT. They dropped PT. She also had behavior issues as well. They reevaluated her, I was present and don’t think it was done right. During the evaluation the teacher made her correct it the way she wanted it and said “see like this” and didn’t move on till she did it right. In May got diagnosed with ADHD,AUTISM,SOCIAL ANXIETY MIXED MOOD DISORDER AND DEPRESSION. When her CPSEA meeting came, I showed the district her diagnosis.They told me no matter what is written on a piece of paper, I won’t get my daughter in special education. She struggles in kindergarten, has a hard time making friends and talking, she plays alone she has a hard time writing her name.  What are my daughter’s rights?

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2 Comments on "Eligibility: DIAGNOSIS AND DIFFICULTY IN SCHOOL, BUT DISTRICT SAYS NO SERVICES"

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Correct: evals done by an outside professional do not automatically qualify a student for special ed. IEP teams are required to CONSIDER results of outside testing, but are not required to adopt the diagnoses or follow recommendations. Students still need to meet the school’s eligibility criteria for special ed no matter what “labels” have been put on a child by a private provider. Your daughter has the right to special ed services IF she meets the school’s criteria. The school has an obligation to identify and evaluate students who may be in need of services, but not all children who are evaluated will qualify. If you disagree with the school’s findings you have the right to request that the district pay for an independent eval (IEE). Search Wrightslaw for more info on IEEs.

There are actions that you can take, but it gets involved since they evaluated her. I suggest you talk with your state parent training & information center. http://www.parentcenterhub.org/find-your-center

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