Libby: My son who has a 2010 diagnosis of Aspergers and Movement Dx. First month of my senior year was August 2015. I know that he needs an updated diagnostic eval for college (disability services has spelled out it must be a real diagnosis that is no older than 3 yrs), so my bright idea was to request the IEE. However, since no eval had been done at all by anyone since 2010 the public school system asserted its right to do their own first. 11th Cir. has said they do have that right. The system admins disagreed with each other, one Superintendent wanting to give me the IEE with my choice of my own Neuropsychologist, and one of his subordinates wanting to deny my request. The subordinate went to the attorney for the system, who sent a certified letter saying the IEP committee had made the decision to deny my request. However, the Superintendent who was going to help me was told by that attorney he was “obligated to tell me no.” Feeling bullied into letting them do theirs first, I consented. Then my own evaluator brought up the problem that he’s been tested now and others will not be able to duplicate anything and measures would be limited due to what the school performed on him. I could potentially not be able to get him evaluated now for quite some time (time period unknown). He is applying to colleges, so this is a problem. I also wanted data from my neuropsychologist to help him this year as he’s had trouble with English class, almost failing.
I believe the attorney was butting into the IEP process making this decision for the county (as their agent), and then giving bad advice, in that they were “obligated to say no.” Are there ethical issues here, and what would be good strategy. I am looking at getting a diagnostic letter from my provider, but we are missing out on a meaningful IEE here, and I feel my child’s rights have been usurped.