Conflict of interest for 3 year re-eval

[M.H.D]

My son is up for his 3-year re-eval. Our school just hired a full-time school psychologist for the first time since my son enrolled here. They promptly made her the CSE chair. It seems like she is going through everyone's files to ensure the school is in compliance (because, generally, they are not). I received the notice for my son's 3-year evaluation, which is due in January, and the notice mentions behavioral issues that he was having in 3rd grade and evaluating whether this was the proper placement for him. He is currently in 5th grade. He had an amazing teacher last year and had little to no behavioral issues. He struggles a little with the workload in 5th grade, but overall, he hasn't had any major meltdowns. 

So my question is: Is it normal for the person doing the evaluation also to be the Chair of the committee? Is that a conflict of interest?

[Carolyn Rowlett]

I have never encountered a Committee for Special Education (I assume that's what CSE stands for?).  But I don't see how there is a conflict of interest problem.  When doing the evaluation, she must abide by the standards of her school phycologist role.  Are you thinking the committee will have ulterior motives in terms of placement or other things that would create a conflict of interest?  Unfortunately, I don't think you can assume that right off the bat and will have wait until you have some type of proof that her dual role is biasing her evaluation.

[JSD24]

CSE seems to be a NY thing.  I (and Google) didn't see this associated with any other state.  I'm not familiar with what the position entails.

To answer your question.  If I was looking to evaluate a student and knowing that IDEA is looking for students to be assessed in all areas of suspected disability, I'd look at the school records & put on my detective hat.  If I saw low math grades, I'd suspect a math disability.  If I saw many referrals for behavior, I'd suspect a behavior disability.  This would be the guide to use for whomever was coming up with the disabilities I'd suspect in a student and the direction for a triennial evaluation to head in.

I'm not sure if this is normal or not but it is not a conflict of interest to review records in order to plan what's needed to go forward.  Also, in very small school districts you'll find that one admin will wear many hats.

[M.H.D]

37 minutes ago, JSD24 said:

CSE seems to be a NY thing.  I (and Google) didn't see this associated with any other state.  I'm not familiar with what the position entails.

To answer your question.  If I was looking to evaluate a student and knowing that IDEA is looking for students to be assessed in all areas of suspected disability, I'd look at the school records & put on my detective hat.  If I saw low math grades, I'd suspect a math disability.  If I saw many referrals for behavior, I'd suspect a behavior disability.  This would be the guide to use for whomever was coming up with the disabilities I'd suspect in a student and the direction for a triennial evaluation to head in.

I'm not sure if this is normal or not but it is not a conflict of interest to review records in order to plan what's needed to go forward.  Also, in very small school districts you'll find that one admin will wear many hats.

 Thank you for your response! It's good to understand the process.

Yes, I am in NY and apologize for not referencing that initially. My son was diagnosed with ADHD, with both a processing and language disorder, by a neuropsychologist when he was in first grade, so I guess I don't understand why the diagnosis wouldn't already be in his folder. He had quite a few behavioral issues in 2nd and 3rd grade, but we worked with his doctor to adjust his medication. He had an incredible year last year and seems to be doing well so far this year, so I was confused about why they would have led with the behavioral referrals in the notice. When he was younger, the school tried to place him elsewhere several times, so I'm a bit defensive about that. This is a tiny school (486 students in one building that houses pre-k through 12th; the average class size is 15 students to 1 teacher and one aide). 

[Carolyn Rowlett]

Just keep in mind that in order to change placement they have to have the data to justify the decision.  Sounds like they don't have that if he had a great year last year.  If they bring up a change in placement, ask to see the data.

[JSD24]

Was it the school neuropsych who did the diagnosing or did you bring him to someone outside of school?  If this was done outside of school, the school will only have that as part of his records if you provided paperwork from the diagnostician.

It's possible that the school records are sloppy or are missing the fact that his doctor tweaked meds to help him have better behavior.  (Maybe they only looked at school records & not things you provided.)  Under FERPA, you are allowed to clarify school records.  You might want to see these records to determine if you should add something so they know he's taking meds for behavior and as long as they are right, he should be OK to be in his neighborhood school & not an alt placement.  (Not sure if you should email them as to why they feel he might need an alt placement as you have not been informed of any issues he's having at school.  I've seen where parents are not in the loop so the school can have data where they should be keeping parents in the loop so meds can be tweaked.  I know as kids grow, dosing can often need to change.)  If the person is new, they might not know your son and the fact that things settled down.

Has the school requested parent input with doing the triennial eval?  You could mention that he's taking meds to help with behavior and you want to know of any issue the school is having with him so meds can be tweaked when needed.  I know that my son who has ADHD needed meds for both focus and to cut down on impulsive outbursts.  Luckily he was OK at school.  I think video games were a trigger for him.  We did adjust how much he was getting from time to time.

[M.H.D]

On 10/20/2024 at 2:12 PM, JSD24 said:

Was it the school neuropsych who did the diagnosing or did you bring him to someone outside of school?  If this was done outside of school, the school will only have that as part of his records if you provided paperwork from the diagnostician.

It's possible that the school records are sloppy or are missing the fact that his doctor tweaked meds to help him have better behavior.  (Maybe they only looked at school records & not things you provided.)  Under FERPA, you are allowed to clarify school records.  You might want to see these records to determine if you should add something so they know he's taking meds for behavior and as long as they are right, he should be OK to be in his neighborhood school & not an alt placement.  (Not sure if you should email them as to why they feel he might need an alt placement as you have not been informed of any issues he's having at school.  I've seen where parents are not in the loop so the school can have data where they should be keeping parents in the loop so meds can be tweaked.  I know as kids grow, dosing can often need to change.)  If the person is new, they might not know your son and the fact that things settled down.

Has the school requested parent input with doing the triennial eval?  You could mention that he's taking meds to help with behavior and you want to know of any issue the school is having with him so meds can be tweaked when needed.  I know that my son who has ADHD needed meds for both focus and to cut down on impulsive outbursts.  Luckily he was OK at school.  I think video games were a trigger for him.  We did adjust how much he was getting from time to time.

I was just notified that they were doing the tri-annual review. I did provide the school with the results of his first-grade evaluation, but it sounds like that never made it into his official folder. I finally got to speak to the school psychologist/ CSE Chair, and it sounds like all of the records for each student are a mess. She is trying to bring the school back into compliance. I am pleased that she was willing to reach out to address my concerns. 

I appreciate everyone's responses!