Adverse Consequences of NOT Knowing the Law

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The results of an independent evaluation show that our son had dyslexia and dysgraphia.  We asked the district to evaluate our son as well, and they refused.  We left the district for a private placement, never having an evaluation done.  Is there no law a district must follow about an outside, independent evaluation? I guess we will go to due process now.

It seems to me that you do not know the law.  Rather than rely on either an attorney or lay advocate to know the law for you, it is essential to get up and running yourself.  You need to learn what IDEA says about various issues  – especially private unilateral placements.

Not knowing the law and going into a due process hearing will have very adverse consequences for you and perhaps for your child.

The law is clear regarding private evaluations.

The school must “consider” the eval, but nothing more.  The district is not required to accept the evaluation and provide an IEP.  Nor is the district required to dispute the private evaluation by doing their own eval.

You will find a discussion of this in the “Commentary.”  There have been cases dealing with this issue, but the rulings vary somewhat from court to court.

More about Evaluations and IEEs

10 Day Business Letter

Do you know the requirements for writing the “10 business day letter” prior to your child’s removal from public school and placement into private school?

10 BUSINESS DAYS before removing the child from the public school, the parent must give the school WRITTEN NOTICE of “their intent to enroll the child in a private school at public expense.”

If parents do not take these steps, they may lose their right to reimbursement for an appropriate private placement – even if the public school placement was inappropriate.

Get Advice About 10 Day Notice Letters to the School

  1. Also check you state regs on evaluations. In NY, if a parent sends a written request for eligabillity evaluation, the school HAS to evaluate unless they are willing to go to due process to dispute the need. Very unlikely. Once you find out what your state requires, you will have needed information.

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