Evaluations: TEST COPIES

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Gustavo:  Hi My 9 year old boy was re-evaluated recently, while getting ready for the IEP meeting. We requested copy of the Test that were provided to him for this evaluation, specifically OWLS II and TOPL 2. Also we are requesting the data collected from the therapies he has been getting. This based on IDEA 300.613 However the district says that they can provide the data of the therapies and any other data , but the OWLS II and TOPL 2 tests results can only be reviewed at the schools and not copies can be provided. I am assuming that copyrights make sense, however contradict what 300.613 b-2-3 states…could you please give us your insight and I should keep insisting the test should be provided to us??

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CORNELIA

At a recent IEP meeting for my son I was made aware that the school performed assessments (VB-MAPP & approved benchmark assessment) prior to the meeting which they used in part determine placement for next school year. Specifically, they used this to rationalize removing my son from the Reg Ed curriculum, stating the test results show a lack of prerequesite skills which may lead to frustrations and behavioral difficulty and impact his success with mainstreaming. I was never provided a copy of these evals before the IEP meeting, and therefore could not offer any input. The school stated the assessments are for their use only and not provided to parents for review in advance of an IEP meeting. Is this true? Are districts required to provide parents with assessments used for placement?

Chuck

Parents are to be active members of the IEP team. This is hard if they do not have all of the data. However, IDEA rules give the parents the right to challenge IEP or school decisions through the dispute resolution processes. Your state parent training and information center can tell you about these, and other information to assist you in dealing with the school. http://www.parentcenterhub.org/find-your-center

Sophie

I would suggest at least starting with an appointment to view the things you’re interested in at the district offices.

You may want to consider getting an independent eval at district expense, if you feel there is anything questionable about the testing they did.

Amy

Visit this wrightslaw web page for background info and parent rights to obtain copies of test protocols:
https://www.wrightslaw.com/info/ferpa.copy.protocols.htm

Cornelia

Are districts required to provide parents with copies of assessments used to develop an IEP and for classroom placement prior to an IEP meeting? Specifically, VB Mapp , Fountas & Pinnell Benchmark, and Orton Gillingham Assessments. I was not made aware of these assessments until the IEP meeting. When I asked why I was not provided copies for me to review prior to the IEP meeting, the school stated the assessments are for their use only and not provided to parents for review in advance of an IEP meeting. IS THIS TRUE? Shouldn’t a parent be able to review all data used to assess their child before an IEP meeting so that they can help make the best decision for their child’s education and placement?

Peter

There are two parts to this. If you happen to know that they had conducted an evaluation and you request the results prior to the meeting, then they absolutely have an obligation to provide them. See:
https://www.wrightslaw.com/blog/school-evaluations-should-schools-provide-parents-with-a-copy-before-an-iep-meeting/

I’m hoping someone else will add to this – but the second part of the question is, WHY didn’t you know? Since these evaluations were part of the IEP process, I assume they are considered “re-evaluations”. If so, the school should have obtained your consent before conducting the evaluations. At the time of obtaining consent you could have asked for the results and they would be obliged to provide them.

Cornelia

Thank you. I inquired about parental consent and the school stated they do not need my consent for a standard assessment. According to them (the district), the assessments are used to compare a child’s skills with typical developing children, suggest intervention priorities, suggest direction for interventions, identify behavioral barriers, and used to develop IEP goals and decide placement. They are using this to rationalize removing my child from a Regular Ed classroom for part of the day. They will allow my child to be included only in lunch, art and gym. Nonetheless, I learned about the assessments at the IEP meeting, not before hand.

Cornelia

Also, when I inquired again why I was not able to view the assessments prior to the IEP meeting for my review. Here is their reply – The VB-MAPP assessment is typically shared at the time of the IEP meeting in the body of the IEP, not in advance. All other assessments (reading, phonics, math) are performed by the classroom teacher on a black board, then documented by the teacher. They too are not typically sent home. I am finding they are using the term “typically” very often. I get the feeling the school district is a bunch of liars, and want nothing to do with inclusion. This is quite frustrating. All I get is a run around every year. I spend months fighting for my parental rights and my child’s rights. It shouldn’t be this stressful on a parent. UNFAIR AND UNJUST!