ADHD and LD Support - Can a School be Forced to Evaluate a Child?

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Dec 15, 2009, 10:49am

ADHD and LD Support :: Parent's Place :: School Issues :: Laws :: Can a School be Forced to Evaluate a Child?

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Topic: Can a School be Forced to Evaluate a Child? (Read 131 times)

misty
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Can a School be Forced to Evaluate a Child?
« Thread Started on Feb 10, 2009, 9:01am »

This was in my email & they say to forward it to interested parties, so I am posting the article, with a link at the end in case anyone wants to sign up for their emails.

Can Parents Force a School to Evaluate Their Child

Can a school be "forced" to do something they don't want to do?

Let's frame the question another way.

Does the law require the school to test the child? Yes.

Is the school required to comply with the law? Yes.

The Legal Requirement to Evaluate a Child is Clear and Unambiguous

If teachers are providing your child with accommodations and modifications in the classroom, it would suggest that he needs to be evaluated for special education eligibility.

The law about the requirement to evaluate if requested by the child’s parent is clear and unambiguous:

"A State educational agency, other State agency, or local educational agency [school district] shall conduct a full and individual initial evaluation ... either the parent of a child, or a State education agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability." 20 USC 1414(a)(1)

In the section about Child Find, you learn:

"All children with disabilities residing in the state, including children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated . . ." (20 U.S.C. 1412(a)(3))

Evaluation Criteria

"Testing is not needed when the child's teachers are providing accommodations and modifications." This is incorrect.
Assessments and interventions from your child's teachers do not meet the criteria for an evaluation.

According to the IDEA, "the screening of a student by teacher or specialist to determine appropriate instructional strategies ... shall not be considered to be an evaluation..." (20 U.S.C. 1414(a)(1)(E))

Evaluating a Child Who Already Has an IEP

If your child is receiving special education services under an IEP, his progress should be monitored frequently.

It's hard to imagine a school taking the position that "testing would not provide information relevant to the child's educational planning."

If the school doesn't use test results, how can they make rational decisions about your child’s educational needs?

For more information about when evaluations are required, read Can a School be Forced to Evaluate a Child?

All important educational decisions - eligibility, services in your child's IEP, educational progress - are based on test scores. Not grades, not subjective observations - test scores.

To learn more about what tests measure and what your child's test scores mean read Tests and Measurements for the Parent, Teacher, Advocate, and Attorney.

http://www.wrightslaw.com/advoc/articles/tests_measurements.html

Understanding Your Child's Test Scores

http://www.wrightslaw.com/webex/test.scores.index.htm

Evaluation Results Must be Provided

"Does the school have to provide information from testing?" Yes.

Parents are entitled to receive copies of all of their child's evaluations and test scores.

Under the Individuals with Disabilities Education Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA), parents have the right to inspect and review all educational records relating to their child.

Educational records include evaluations and test results. The right to review records includes the right to have copies of records and to receive explanations and interpretations from school officials. (20 U.S.C. Sec. 1415(b); U.S.C. at 1232g and 1232h)

Read more about the Family Educational Rights and Privacy Act (FERPA)

http://www.wrightslaw.com/info/ferpa.index.htm

Consider an Independent Educational Evaluation

You may need to write a letter documenting that the school does not believe they should be “forced” to evaluate the child (and comply with the law).

You also need to remember that it is likely any testing by the school will support the school's position.

If you act in the best interest of your child, you will want to consider an evaluation by an expert in the private sector.

Read more about Independent Educational Evaluations (IEEs): What? How? Why? Who Pays?

http://www.wrightslaw.com/info/test.iee.steedman.htm

Sign up for the The Special Ed Advocate Newsletter

http://www.wrightslaw.com/subscribe.htm

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jj
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Re: Can a School be Forced to Evaluate a Child?
« Reply #1 on Feb 10, 2009, 12:05pm »

That is great info Misty.

Feb 10, 2009, 9:01am, misty wrote:

You also need to remember that it is likely any testing by the school will support the school's position.

If you act in the best interest of your child, you will want to consider an evaluation by an expert in the private sector.

Are they implying that the school manipulates the test results or are they saying the testing is so minimal it will very likely not show any learning disabilities.

I know that parents often have to go outside the school to get a correct DX but I never knew if it was because you just couldn't trust the schools or if it was because the tests they do aren't that great for identifying problems. Sorry, dummy here.

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rachelannfoster
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Re: Can a School be Forced to Evaluate a Child?
« Reply #2 on Nov 6, 2009, 10:03am »

What can you do when the school refuses to test because the child is performing at grade level (but not to her potential)?

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misty
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Re: Can a School be Forced to Evaluate a Child?
« Reply #3 on Nov 6, 2009, 11:18am »

After the school diagnosed my daughter (with ADD & dyscalculia) I took her to a private Dr to be reevaluated. If you can't get the school to test your daughter & you can afford it, I suggest taking her to get evaluated yourself, then bringing the results in to the school.

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rachelannfoster
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Re: Can a School be Forced to Evaluate a Child?
« Reply #4 on Nov 6, 2009, 11:23am »

Affording it is the problem. It costs several hundred dollars.

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puzzled
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Re: Can a School be Forced to Evaluate a Child?
« Reply #5 on Nov 6, 2009, 11:53am »

And that is likely why the school is resisting suggesting it....

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rachelannfoster
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Re: Can a School be Forced to Evaluate a Child?
« Reply #6 on Nov 6, 2009, 2:06pm »

That I understand.

They, however, have the testing materials and staff already in place. That's why I'm so frustrated.

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misty
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Re: Can a School be Forced to Evaluate a Child?
« Reply #7 on Nov 6, 2009, 2:41pm »

I think your next step is to find an advocate. Visit this site:

http://www.yellowpagesforkids.com/

You can get an advocate for your daughter that will help you negotiate with the school. I've known advocates that have even gone to IEP meetings & other meetings with the parents. I have never used one but I did threaten to a time or 2 & just the threat was enough to get my problems taken care of. I do believe there are some who work through the districts & are free of charge. Hopefully someone will chime in who knows a bit more about it.

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rachelannfoster
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Re: Can a School be Forced to Evaluate a Child?
« Reply #8 on Nov 7, 2009, 8:44am »

I have found a number, thanks.

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rachelannfoster
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Re: Can a School be Forced to Evaluate a Child?
« Reply #9 on Nov 13, 2009, 3:14pm »

I emailed with a rep from the state board of ed and he sent me some helpful links. Armed with some printouts, I went to the meeting. She will be tested!

Thanks.

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