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Bill:  Does the refusal to do a re-evaluation by the school in and of itself constitute an evaluation? We had a PPT to ask the school to perform a comprehensive set of evaluations for speech and communication for our daughter. She has DS and has an IEP. They refused and told us we had the right to file due process. This would put the burden of proof on our shoulders. I have heard if the school refused to do the re-evaluation it is, in and of itself, an evaluation and as such, we can disagree and request IEE’s. If the school refused, they would have to file due process and that would put the burden of proof upon the school. Is this true? If so, is there any legal precedent we can cite? Thanks so much for your help!!

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Sharon L.
11/20/2016 8:45 pm

In this case I would request an outside evaluation because you “do not agree with the results of their answer for an evaluation from them”. Remember they must give you a document called Prior Written Notice when they refuse something to explain why. I would write a letter to the principal or special ed director & send certified mail requesting an outside evaluation. If the school refuses they must go to due process otherwise they will send you a list of providers to have the eval done. you do not have to use anyone on this list. We got a referral from our attorney. Once the eval is done the school must consider it & they have to pay for it as well. If they still refuse they must provide another Prior Written Notice & you may have to sue.