MJ: In the spring I had requested our school district to complete a music therapy evaluation for our son. They have not completed this process and the number of days they had stated by the law. What info can I use in my follow up email to state the law and let them know I am not going to let this go.
As an initial evaluation to determine eligibility for the related service, states need to comply with their stated initial evaluation timeline. They try to get away with not doing it within a certain time frame because they claim it is part of a reevaluation process which does not have a timeline, but I am currently advocating that that is not completely accurate. The reevaluation is a process where they review (no meeting necessary and no need to ask parents for consent) to determine if more data is needed for your child to access his education. The words the law uses is the reevaluation is used to determine the educational or related services needs, including improved academic achievement and functional performance.” Some other great phrases are “educational needs” and “participate as appropriate in the gen ed curriculum.” Contact me if you want to talk!
I’m not sure whether music therapy evaluations have to be given.
However, in general, when a district doesn’t keep to a required timeline, you can file a state special ed complaint.