Does anyone know about Ohio's laws regarding learning disability testing?

Question

What is the timeframe for the state of Ohio from the point that a parent request testing for learning diabilities until the actual test needs to be given? Any help would be appreciated!

Answer 1

The state currently requires that a parent/agency be responded to within a reasonable time frame with a prior written notice after a request for testing is made. (A reasonable time is not defined at this point.)  Please understand that schools are NOT required to test a child simply because it is requested.  It used to be this way, but is no longer, because of the changes due to IDEA's (as a result of NCLB) push for research-based intervention (RTI).  Ohio is a big RTI state, so there are some districts that don't routinely do IQ/achievement testing anymore, because they are using a different method first.  Of course, you can still request a formal eval, but I'm not sure how that works out.  I'm in a district that is trying to do a combination of the two.

Usually, when my schools get a parent request, we send a prior written notice saying we refuse to test until we have met in an intervention meeting (if we haven't already).  Usually we schedule it within 2 weeks of receiving the letter.  Then at the meeting, we listen to the parent and talk to classroom teachers, and review the cume folder to review history, and see what interventions have already been done, and what needs to be done (if anything) before an eval can be completed.  

Once the team as a whole suspects the child has a disability (and this may be at the same intervention meeting, or a subsequent meeting), the school has 30 calendar days to get your signature with informed consent.  That's why you can't give permission in a blanket letter, because you haven't been informed as to what the school will do.  Parents have gotten mad at me about this fact, but I can't accept a signature until I've given the parent's rights booklet (and gotten their signature attesting to this fact) and gotten informed consent.  Once this is obtained,  the clock starts for testing.  Testing and evaluation team meeting (to discuss results) has to be done within 60 calendar days of the signature.  If the child qualifies, the student's IEP must be written and begun within 30 calendar days.  So if you've just recently submitted your request, the calendar day requirement may be your issue, as the staff won't be available to complete the eval.  It's not just the school psych who has to evaluation, but also the speech therapist, classroom teachers, nurse, and whoever else is neeed.

I say all of this with the knowledge that the Ohio state regs change July 1.  It will probably take a little bit to get the new procedures, etc.  But right now we are still under the old regs, so if you've not yet gotten a copy of your parent's right booklet, I've attached a link.  You should have gotten one when you submitted your request for an eval.

Answer 2

In my state-they have 20 days to set up the initail conference after you request evalutaion in writing-This is just to discuss what steps are to be taken (including evals)

They have a total of 90 days from your letter to complete the testing and have a program in place (assuming the child is elegible).

Answer 3

First of all, your request has to be IN WRITING and DATED.

each state is different, but they have either 45 or 60 days to have testing completed and hold an IEP eligiblitiy meeting

from the date of your WRITTEN PARENT CONSENT, and NOT from the date you make your WRITTEN REQUEST.

In this letter you ALSO have to state 'this is my formal parental consent for this evaluation to be performed on my child.'

The reason for this is because the timeline does not start from the date you REQUEST testing, it starts from the date you give your PARENT WRITTEN CONSENT.

Call your state dept of education and ask them for the time frame.