Re-Evaluations: CAN I REQUEST A NEW EVALUATION AT THE TRIENNIAL MEETING?

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Hope:  My child was unable to receive services due to a family crisis. She has been attending a private school with no services and is doing ok but struggles.
Our family is out of crisis now and would like to get her the services she requires for the coming year as a 7th grader and will be attending a public school . How do I go about it? Can they refuse? Can I request for a new evaluation? At the triennial iep meeting I’m not sure what to expect

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Lauren

My son is a gifted student with ADHD and anxiety. My son was placed in regular math this year from advanced last year (B+ last year an A not required). We tried to argue and the school wouldn’t budge. My son has been unable to move past this demotion . One time before Christmas ripped up his homework paper before turning it in, removed himself from google classroom (which they don’t even use) and had written on his paper, he “belongs in advanced math”. They now want to place him in a behavior class for math. At the IEP they only spin the negative, not tons of positive. We want to reject the IEP as we feel they are spinning this the way they want. What happens if we reject? Any advice?

Chuck

You need to learn your state dispute resolution processes, and how to challenge this decision, and how to remove consent for special ed in your state. Your state parent training and information center can assist you with this. http://www.parentcenterhub.org/find-your-center

Sophie

Does your state have Facilitated IEP? If so, you could request (but it’s probably voluntary). Similarly, you could request Mediation (but that’s also voluntary…). You could work on this outside the special ed structure — you could move up the chain and keep saying you want your son transferred to a more challenging math class, and you accept the risk that he might not get a high grade in the more challenging class. In some districts, the person to see about this is the assistant superintendent for curriculum and instruction. If you work on this via the IEP – a lot depends on whether your state allows for partial consent. Ask your parent center about that. Note, you may withdraw your consent for special ed services at any time by writing a letter to that effect.

Sharon

IEP meetings are supposed to be once a year. Do you mean triennial evaluation results? Yes you may request a new evaluation. I put it in writing to the principal and/or special ed director & then make sure you sign the school’s consent form. The 60 day clock to have the evaluation done does not get started until the consent form is signed. Remember you do not have to agree with the IEP & you can request an outside evaluation done by a qualified person at the school’s expense if you do not agree with the results of the IEP. You also do not have to give a reason for the outside request. You don’t have to sign anything either. If they state that the IEP will “expire” that is not true. The existing IEP stays in place until a new agreed upon IEP is completed.

lourdes

The 60 day timeline does not apply to re-evaluations, only initial evaluations.

Chuck

Parents have the right to ask for an evaluation at any time. Put your request in writing. They can refuse, but need to tell you in writing why they are refusing. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center