Carolyn Rowlett

It might either be an amended IEP or a new IEP. If the re-evaluation was done because the annual IEP meeting is coming up, the IEP developed at the annual IEP meeting would be a "new" IEP and have new start and stop dates based on when the meeting is held. Even though an IEP is in place, schools often refer to it as the "new" IEP; but there is no gap or loss of services between IEP's - special education services continue seamlessly regardless of a new IEP document being developed. If it was not done pursuant to the annual meeting, it could be either an amended IEP or a new IEP, perhaps depending on how many changes the re-evaluation causes the team to make to the IEP document. If just a few simple ones, it would probably just be an amended IEP. If significant changes are made and the timing is close to the annual IEP date, the team could decide to go ahead and draft a new IEP. The difference would be that the amended IEP would most likely have the same start and stop dates as the current IEP (unless those were also amended), and a new IEP would have start and stop dates based on the date the new IEP was implemented. After a re-evaluation (or any evaluation) is done, the IEP team has to meet to go over the results and make changes to the IEP, if warranted by the new data.

Let me preface this with the fact that I am not an advocacy expert in autism. However, procedurally, I can give you some pointers. First, push hard for the PWN. You are absolutely entitled to this. Look up and refer to your state's law/regulation on this and/or your state's department of education guidelines and compliance standards and refer to them in your request IN WRITING (email is fine). If this doesn't work, file a Child Complaint with your department of education citing failure to comply with required PWN procedures. Second, request an Independent Educational Evaluation (IEE). Assuming your state is similar to others on this issue, you do NOT have to provide them with a reason for this request, but the reason would be your disagreement with the decision that the sensory issues set forth in the school's evaluation do not affect him in the academic setting. The IEE will be at "public expense," so you do not have to pay for it. Hopefully, the IEE will come back with a direct correlation of his sensory issues to academic impact and will make recommendations for services and/or accommodations. If accommodations only, you may have to go the 504 Plan route for now until he is older and there is more proof of the academic impact.

Parents, just make sure the school is doing everything they should for your child's ADHD. There are many accommodations that can be put in a 504 Plan to address ADHD and executive functioning skills, and both accommodations and goals for ADHD can be made part of an IEP. You should be able to find recommendations for both on Lisa's website. Also, make sure whatever is being used at school is compatible with any outside service you use, so that your child does not have to learn and remember two different sets of strategies. Having said that, you may find that an private service is superior to the school's proposal and implementation of accommodations and/or goals, in which case you could choose to work solely with an outside provider.

I am a special education attorney licensed in Missouri. I specialize in Specific Learning Disabilities, but handle cases involving all disability categories.

I am a special education advocate accepting clients throughout Missouri and Kansas. I specialize in Learning Disabilities, but handle IEP's and 504 Plans for all types of disabilities.