Getting a re evaluation for an IEP?

Question

My son is 12. I asked for an IEP evaluation for my child, the date of the hearing was set for the next week. The next day he was placed out of school and I was advised that there would not be a meeting until he was back in school. The hearing was held and I was called on my cell phone asking where I was. I informed them that I was told it would be held on another date, by the assistant principal. They said they had to hold it over the phone. He was denied. There could not have even been an in school evaluation done, because he was not in school. I was also advised that the reason I was asking for an IEP due to ADHD and CD (compulsive defient behavior) was not good enough for the eval and I should continue to get private help. He is on meds, but only for the last two months and is still being adjusted. The school now places him in OSS the very next day he returns to school (they say he can't sit in ISS so he is given OSS). His violations are minor, defiant behavior.

Answer 1

When you asked for the IEP evaluation, did you sign a form giving them permission to do the evaluation, they cannot do an evaluation without your written consent.  When they conduct the evaluation they must take into consideration any information you give them about his condition. Also when eligibility is decided, a group of qualified professionals and the parents look at the child's evaluation results. Together, they decide if the child is a "child with a disability," as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision:

(from US dept. of education office of civil rights)

"Schools must establish procedures that allow the parents or guardians of students in elementary and secondary schools to challenge evaluations, placement procedures, and decisions. The law requires that parents or guardians be notified of any evaluation or placement action, and that they be allowed to examine their child's records.

If they disagree with the school's decisions, parents or guardians must be allowed to have an impartial hearing, with the opportunity to participate in the discussions. A review procedure must be made available to parents or guardians who disagree with the hearing decision."

Also, if you do not agree with the evaluation the school conducted you have the right to take your child for an Independent Educational Evaluation (IEE). You can ask that the school system pay for this IEE.

He may not qualify for an IEP but should qualify to have a 504 Plan. Either way his behavior should be addressed, it should be considered when evaluated. If one has not been done yet, request from the school a FBA (functional behavioral assessment). They can assess his behaviors and create an BIP (behavioral intervention plan) and add it to his IEP or 504 Plan (even if he don't qualify for either he can still have a BIP). The  team (which includes you) would need to consider positive and effective ways to address that behavior. The team would discuss the positive behavioral interventions, strategies, and supports that the child needs in order to learn how to control or manage his or her behavior. If the team decides that the child needs a particular service (including an intervention, accommodation, or other program modification), they must include a statement to that effect in the child's IEP or 504 Plan and in the BIP.

You can also check your insurance and see if they cover behaviorial counseling. A behaviorial counselor can come to your home and work with him on techniques to use to improve his behavior, they will work with you on techniques you can use with him as well.

There's also certain terms they must use when disciplining a child with disabilities under IDEA..link below.

As mentioned by a few peeople above me, visit Wrightslaw, they will tell you everything about you and your childs rights along with other useful info.

Answer 2

I'm a little confused....Did you request a reevaluation or an initial evaluation?

It certainly sounds like he needs some type of services (maybe even just a 504, like the other person mentioned)because his behavior is impeding his learning.  

You should have been given 10 days notice about the meeting.  I would call the director of special education for your district and find out exactly what is going on.  Did they maybe do a screening instead of an actual battery of tests?  You should pursue this, because it sounds a little odd to me.

Answer 3

Wrightslaw states that IEP meetings may be conducted over the phone.  I have been at meetings myself where a member of the team has contributed over the phone.  I have been at an initial meeting as well that was over the phone.  Also, unless I really missed something, nowhere in IDEA does it state that the school MUST do the evaluation.  I have been a part of at least 2 team decisions where the team (including our special ed administrator) determined that an evaluation was inappropriate.  Our special ed district has a form where we can check such a thing off.  We wouldn't be doing it if it were illegal.  In addition, a re-evaluation is conducted every three years for as long as a child has an IEP.  They may or may not do testing at that time.   To answer your question, I would request data on your son's behavior.  I would also make another request in writing to the special ed district.

Answer 4

i am going to school right now to get certified in special education..i have my bachelor's degree in speech pathology....it is true that your son may not "qualify" for special education under federal guidelines....but there is something called section 504 which is for kids who are behind in a normal classroom who need accomidations but are not considered special ed eligable.....and as for your son's behavior problems a behavior plan needs to be put into place...something with a rewards system for positive behavior...u want to reinforce the positive behavior whenever is doing it...does ur son already have an IEP?? or were u asking for special education qualifications...because if he has an IEP he is special ed...and if u are asking it to be evaluated by law it has to be evaluated...also parents have a lot of power in these IEP meetings...the parents have to agree to all objectives/goals on the IEP....if not then another meeting is set up until both parties...the school and u...agree...this is your right and is backed up by federal law

Answer 5

Here is what I am guessing happened, but you want to talk to the principal or someone who was at the meeting at get clarification. You requested and IEP evaluation and the team decided not to do the evaluation and had a meeting to reach that conclusion. Unlike someone said before an IEP team can refuse to evaluate for a number of reasons. They need to provide their decision in writing.called Prior Written Notice. They don't actually need a meeting to do this. .. obviously if you requested an eval and they set a meeting for the next week and your child was not in school they did not evaluate your child and it sounds to me like they are just refusing to do the eval. You can re-request the evaluation. Tell them you will seek an independent evaluation and reimbursement.. Unfortunately Oppositional defiant disorder is not considered a qualifying disorder and ADHD does not necessarily qualify your child for special education. You can request a 504. At least request an SST to address your child's behavior. Also specifically request a Behavior Support Plan. Although your child does not qualify for an IEP a team can make a Behavior Plan part of an SST or any other form of support for your child.

www.wrightslaw.com is probably your best resource. They have a whole section about eligibility. http://www.wrightslaw.com/info/elig.inde...

Answer 6

There are  SO many laws broken here it aint' even funny!!

First of all, when you ask for an IEP evaluation, there is not suppose to be a 'hearing' set for this. According to federal special ed law IDEA,   The school is suppose to  just do the evaluation.  They can NOT refuse to do it.

It does not matter if child is out of school or not when you ask for an eval.

What do you mean by RE evaluation? Has he already had this evaluation before?

It is also ILLEGAL to hold ANY special education meeting on the phone. In your situation, like I said, there is not even suppose to be a meeting to start with.

So, what to do now??  Everything the school has done, everything you wrote above is 'null and void' since the school did not follow the legal special ed process.  This means it is like nothing ever happened.

YOu have to learn the special ed laws and follow them. The best site for this is   www.wrightslaw.com

Since you didn't do this, they KNOW you don't know the laws and that's why they did all this c**p to get out of it.  They can not be 'punished' for doing all this c**p because you did not start the evaluation process legally.  

I KNOW this is not your fault, believe me. MOST parents don't know there is a legal process to follow so most schools in the USA are just like yours.

Even though all this has happened, you can now follow the special ed legal process and ask for an evaluation IN WRITING  and they will HAVE to follow the LEGAL process in determining if the child can have an IEP plan.

If they do NOT follow the legal process after you WRITE this request, you can take further action to get them to do right.  EVerything has to be in writing, because the special ed mantra is ''if it is not in writing, it didn't happen'.

Since you didn't ask for the eval in writing, they can come back and deny EVERYTHING they did becuase they do not have to follow the special ed process if you don't ask for the eval in writing.

HEre's part of what your letter should state --

Dear (special education director)    Put date at top of letter!

This letter is to request an initial full educational evaluation testing in all areas of suspected disabilties to determine if my child can qualify for special education services as specified by IDEA law.

There is more that should be in this letter so if you need help with it, email me at   [e-mail]

Now, since you put this request IN WRITING, they can NOT hold a meeting or refuse to do this eval. If they do, the next legal step is for you to file a formal state complaint.

The school has to have LEGAL reasons for their refusal to do this eval and there is NO legal reason for them to refuse . So when you file the state complaint, the state will make them do the eval.

The whole special ed process is complicated, so if you need help please email me!!

Answer 7

Please visit the Special Education Plans message board on ivillage.com. There is a special education advocate on there who can answer this question without you having to guess who is telling you the truth or who knows what they are talking about.

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Answer 8

Looks like you are not both speaking the same language so let me map it out.

1 - is his ADHD diagnosis done by a MEDICAL  doctor (not a physchologist has to be an MD or Physchiatrist)  if not - get it done.

2 - has that happend within the last 12 months?  if not get it done

3 - now you have current documentation you ask for a Special Education Evaluation.  They are required by law to do this.  (if they refuse take an advocate with you - don't know where an advocate it - Look for something like PACER or do a search online for disability groups in your area)

4 - Evaluation should include IQ, Academic testing, BASC maybe and ABAS, Social history, health history and brobably a functional behavior assessment.

re: meeting or no meeting - I would guess that you were told there would be a meeting when he returned but didn't probably get that you were talking about a meeting for an evaluation.  It would not be unusual for you to actually be talking to 2 different departments that would not talk to one another.

If they refused to do an evaluation - they are REQUIRED to give you a notice in writing with their reasons.

Now that said - let me tell you a couple of things that might exclude your child from services.  If your child is a drug user (and I don't mean ADHD meds) it gets to be a chicken and egg kind of thing - problems because of drugs or drug problem because of disability)

If his grades are good there could be 'no educational need'.  

Good luck but finding an experienced advocate OR talking directly to a Special Education Administrator rather than the School administrator might get you different results.

Answer 9

Go above the school and to the school board, just don't give up.  I was ADHD, ADD, ODD, and CD, IEP probably saved my future