Having trouble getting IEP set.....

Jeanette - posted on 04/19/2010

YES IT IS HARD SOMETIMES TO GET AN IEP SETTING AND OTHER ITEMS

Bonnie Jean - posted on 04/18/2010

If your son has an IEP the school cannot just take it away.....I suggest you read the information from your state listed at the bottom of this email. And if necessary contact your states Parent Information Center for understanding of the special education process.

Public schools cannot diagnose. They can evaluate for educational criteria. The school cannot withhold special education services if your son already qualified for special education services. If they come back and tell you your sons medical doctor is incorrect I would be very surprised unless the psychologist has a medical degree. One thing I always did/do to filter out what was being said or requested of me, is ask them to put their request in writing. If they do not put it in writing it means it is not part of the special education process and is something they just"want" to do with no legal basis. If they do come back with their new testing and state that your son does not qualify. This is from your States Special Education web site:

What happens if I disagree with the action the school is proposing or refusing in a subsequent IEP?

When the school proposes or refuses an action concerning you child’s special education and related services, it must provide you with written notice, and you must receive that notice at least 10 school days before the school can take the proposed action. If you disagree with the proposed action described in the written notice, you may:

 Request and participate in a meeting with a school official who has the authority to resolve the disagreement;

 Initiate mediation; or

 Request a due process hearing.

If you take any of these actions within 10 school days after receiving the written notice, the school cannot take the proposed action and must continue to implement the student’s current IEP



And also this:

Independent Educational Evaluation

You have the right to request an independent educational evaluation of your child at the school’s expense if you disagree with the school’s evaluation. Upon your request for an independent educational evaluation, the school must provide you with information about where an independent educational evaluation may be obtained and the criteria that apply to independent educational evaluations.

If you obtain an independent educational evaluation at public expense, the results of the evaluation must be considered by the CCC and may be used in a due process hearing.

What is an independent educational evaluation?

An "independent educational evaluation" or IEE means an evaluation conducted by a qualified evaluator who is not employed by the school that provides your child's education.

What does "at public expense" mean?

"At public expense" means that the school either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you.

What happens if I request an independent educational evaluation at public expense?

If you request an IEE at public expense, the school must, within 10 business days of receiving your request, either:

 notify you in writing that it will pay for an IEE, or

 initiate a due process hearing to have a hearing officer decide if the school’s evaluation is appropriate.

If you request an IEE, the school may ask for the reason(s) that you disagree with the school's evaluation. However, your explanation is not required, and the school may not delay either providing the IEE at public expense or asking for a due process hearing to defend its evaluation.

If the school initiates a due process hearing and the decision of the hearing officer is that the school’s evaluation is appropriate, you still have the right to an IEE, but the school will not pay for it.

How many independent educational evaluations may I request?

You are entitled to only one (1) IEE at public expense each time the school conducts an evaluation with which you disagree.

What if I obtain an independent educational evaluation at my own expense?

If you obtain an IEE at your own expense and the evaluation complies with the school’s criteria for an evaluation, the results of the evaluation must be considered by the case conference committee. You may also use the results of a privately obtained IEE in a due process hearing regarding your child.

You have the right to request a due process hearing to obtain reimbursement for the expense of the IEE. The hearing officer will determine if you are entitled to reimbursement. However, the hearing officer cannot order reimbursement if the privately obtained IEE did not meet the school’s criteria for an evaluation, unless applying those criteria would deny your right to any IEE.

What are the criteria for an independent educational evaluation?

If an IEE is paid for by the school, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the evaluator, must be the same as the criteria the school uses when it conducts an evaluation, to the extent the criteria are consistent with your right to an IEE. Except for these criteria, the school may not impose conditions or timelines related to obtaining an IEE at public expense.

-----------------------------------------------------------------------

Here is your states guide to Individuals with Disabilities Education Act- IDEA frequent questions about your child's IEP and the process you and the school staff must follow:

http://www.doe.in.gov/exceptional/speced...

Renee - posted on 04/18/2010

I'm not sure I believe the school psychiatrist is trying to actually disprove the diagnosis but rather confirm it? Perhaps there is no alterior motive here. Is the schools policy to confirm the diagnosis? I am not familiar with Indiana but here in AZ (at least our school district) the school psychologist confirmed that my son had autism. And it is true that they need to do that to offer the proper services. I know it's nerve racking but in the event that they do somehow try to give a different or conflcting diagnosis, you can take your doctor diagnosis and present that to the school board. They must give you a hearing of some sort so you do have choices. Go ahead with the re-eval and classroom visit.

Leslie - posted on 04/18/2010

sorry... had to agree. sometime it takes them observing the child in a classroom setting to see it. it might help

Leslie - posted on 04/18/2010

you know also I got to thinking and my daughter Vada who is almost 8, we had the same problem with her.... The psychologist said she showed many signs of asperger's the psychiatrist I know i spelled that wrong.... said she didn't. Finally they observed her in a group of kids at their office in an ADHD class..... the Psychiatrist

Leslie - posted on 04/18/2010

The school can't disprove the diagnosis. If a psycologist has. If they try go to the school board. You as a tax paying citizen have every right to do so. They tried to say that my daughter was autistic... then they tried to say she wasn't and didn't quilify for an IEP. all your doctor needs to do is write a letter to the school stating that your child was placed on the PDD spectrem they don't even have to specify which end. That alone quilifies your child for an IEP. Let them do them do their testing. The law is on your side on this. Have another doctor from your doctors office confirm the diagnosis. then they can't argue with it.

Jet - posted on 04/17/2010

you responded to my post but i couldnt find out how to get to read it, so here is my email address feel free to email me at lappjet@hotmail.com just put declan in the subject heading and i will respond asap thanks

Kathy - posted on 04/17/2010

Schools sometimes want you to feel like you have no control it is easier for them in the end. You may need to see their person but your doctor actually holds more weight than anything when it comes to iep's. Us as parents are our kids voices we need to be assertive and never give up we have rights and if they are not being respected their are always avenues one can go down to remedy the situation. Be nice but let them know your position. Good luck

Jet - posted on 04/16/2010

let them re-evaluate, but they still have to take into account your drs diagnosis.just make sure that you go to the iep meeting and take all the paper work that you have with you. they have to take the diagnosis from your drs. you need to find out the phone no to the office for special ed in your area and ask them to send you info on your rights as a parent you have the legal right to that info, if you have questions ask them for a child advocate for your child to be at the meeting and tell them that you want to meet them before hand. you hand your child have these rights. i hope that is is of some use to you. also another way you might get more information is to go to the schools district web site it may take a while of searching but look for the special ed section and your rights as parents, or a child advocate or legal advocate for your child these should all be services that are provided for you for free

Tina - posted on 04/15/2010

Hi Melanie,

I am in WV (Cabell County). I have always welcomed and have even requested when the county Psychologist wants to test my son. I think it gives them an idea where he is, along with updates from teachers and doctors. Since you have a diagnosis, I don't see how the school can dispute it. Once the school's psychologist has tested, you may find it will be more helpful in getting the services from the school he needs. It has helped in getting the teachers to understand how to teach my son. In the third grade, he was able to start using the computer more. The teacher would be his "secretary" for certain assignments...writing what his answers are. He could also take certain tests and do some assignments verbally. He now gets O.T. for his hands, coordination and for his p.e. classes. This is just a few examples, but hopefully them testing again will be a blessing. Pray and don't give up. Check with your state. There may be something you can file if you feel he has been discriminated against, since you already have a diagnosis. Good luck!

Mandee - posted on 04/15/2010

I wanted to say that 3 years is pretty standard across the board in the US, and I even thought it was a federal regulation, but am not 100% sure.

Bobbi - posted on 04/15/2010

They retest every three years in our Virginia school district too, although I'm not sure it's state-wide.

Mandee - posted on 04/14/2010

Most schools retest every few years. I know in IL they require that children be tested every three years, no questions asked. Also, most schools will not diagnose a child before the age of 5 with anything other than developmental delay. If they don't confirm the diagnosis, and you have the proper documentation from a psychologist, developmental specialist, and/or psychiatrist, then you can fight it. If not, then you will hit more road blocks.

Bobbi - posted on 04/14/2010

I'm so sorry you're having trouble :( My son is in third grade and he has a file of behavior problems that's pretty thick, but it was still a pain in the neck to get him a 504 accommodation. They don't want to give him an IEP because they say he doesn't need one-on-one help, they want to keep him in the classroom. The meeting to put it in place is next Monday, so we'll see how it goes. I wish I had great advice for you, but all I can say is that you're his only advocate and I hope you can work it out with the school. We had FOUR diagnoses for our son and they still did their own testing! I agree that you shouldn't let it go, but maybe their testing won't come back different from the diagnosis. Have you checked with the school board office to see what the requirements are for him to receive services? Maybe it is a requirement with the school board, I don't know. I think it is here in rural Virginia. Had their tests come back different from the four diagnoses we had I would have had to dig into what my options were, and I still may have to do that if we find my son needs an IEP instead of 504 accommodation, but we'll cross that road when we come to it.