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Showing content with the highest reputation on 02/17/2023 in all areas

  1. Ok. You should know in case the school pushes back when the parents refuse to provide an agenda that nothing in the IDEA or its regulations explicitly gives the parents a right to request a team meeting. So if they wanted to be difficult, the school might refuse to have the meeting without the parent providing an agenda. However, the Federal Register grants parents this right on p. 46676, Volume 71, Number 156, dated 8/14/06 on the topic "Rules and Regulations." Show them that, if needed. As to whether or not a parent has to provide a reason for calling a meeting, that is not addressed. I would also suggest checking your state's policies and regs - a lot of times states will put a parent's right to request a meeting in their state plan. If the school still refuses, your client could request a mediation.
    2 points
  2. I think you took the appropriate next step in requesting an IEE, so I would just wait to hear back from that. They will most likely grant it, as otherwise they have to take you to due process. If they don't, this is probably something you could handle without an attorney since the only issue is getting an IEE. Reach back out to this forum if you do have to go to due process over this. If your request is granted, make sure the IEE is done in ALL areas that the school evaluated and that you disagree with. (If the school has not evaluated in all areas of suspected disability, ask them to.) As Jenna alluded to, hopefully the IEE will tie his disabilities to academic impact. Do NOT accept grades as data - they are not. Grades are very subjective and should not be the basis for denying eligibility. I don't know how old you son is, but this is especially true at the elementary school level. Request that they redo the Prior Written Notice in which they explained their reasons for denying eligibility and ask for DATA that they relied on - not grades. In the area of speech, it sounds like they won't have any, so the only thing they can look to (until the results of the IEE are in) is your private evaluation.
    1 point
  3. Was the IEP document that was created at the Feb. 8 IEP meeting a draft, or the final document? Did you send the after the IEP meeting follow up letter- explicitly requesting a copy of the draft to review? If so, did you receive a response? If not, do so right away reiterating your request to review the draft document. I'm not sure I understand what they mean by the IEP being "locked." IEPs are living documents that can be created/updated any time. You should be able to meaningfully participate in the development of the IEP, and you can also request copies of your child's records. If they give you a runaround, reach out to a district special education supervisor and request they send you a copy of the IEP draft.
    1 point
  4. I think your friend needs to pull in the director of special education, which hopefully the district office already did, but you never know. I would send the evaluation request attached to an email to him/her and tell him/her that they suspect their child has a disability in the area of emotional disturbance and want their child evaluated in that area. It would also be helpful if they could produce some "proof," such as times when the teacher has noticed meltdowns, etc. Factual instances. The director of special ed should know that a PWN is to be sent if they refuse. If it isn't, follow up with the director of spec ed and ask for one. And make sure the reason for denial is specific. Also, if refused, tell your friend to request an IEE. I would not deal with the principal and school psych on this matter anymore (until they have to during the IEP process). They are either uneducated or lying - both unacceptable. Of course there are more categories of disabilities under the IDEA than just specific learning disabilities. Does the school deny blind and deaf students if they don't have a learning disability? Or autistic students? Of physically impaired? I would hope not. I would also not deal with the district office anymore - too cumbersome. Go straight to the director of spec ed.
    1 point
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