Many people ask me about independent assessments. Mostly, the questions are:
1. Do I need an independent assessment?
2. Are independent assessments better than school district assessments?
3. Can I get the school district to pay for an independent assessment?
4. Is the school district bound by what the independent assessment says?
The most basic answer is that you are entitled to an independent assessment at school district expense in the event that a school district has done an assessment that does not meet legal standards. This includes any and all special education assessments, including comprehensive assessments, speech, occupational therapy, physical therapy, etc.
In my experience, while independent assessments are generally more extensive than school district assessments, they are not always "better." You must make sure that, prior to getting an independent assessment, you get a copy of the assessor's resume or CV and see their qualifications. Make sure that it will be them personally doing the testing, or, if not, who will be and how they are involved. Also, ask if they have redacted reports that you can look at as examples. The biggest issue that I have had with independent assessments is assessment reports that do not contain recommendations, or contain recommendations so broad they are useless in terms of aiding at an IEP meeting.
School districts must take into account an IEE at an IEP meeting, but are not bound by what the independent assessment says. As such, if you anticipate litigation, make sure the assessor you choose has experience testifying and is willing to do so on your behalf.
The Economou Law Group has extensive experience reviewing special education assessments, including IEEs, and also has direct relationships with many IEE providers in all areas. Call today at (626) 765-9607 if you think your child needs an IEE.
Showing posts with label IDEA. Show all posts
Showing posts with label IDEA. Show all posts
Friday, July 31, 2015
Monday, July 27, 2015
Private vs. Nonpublic Schools
Parents often wish to take advantage of the environment that private schools have to offer their children. However, many times when I speak to parents, they believe that a "private" school is the same environment as a "nonpublic" school. While the terms seem to be interchangeable, for purposes of establishing special education requirements, they are different.
A private school is an educational institution which is completely private, not receiving any public funding whatsoever. These institutions are not subject to the terms enumerated in the federal Individuals with Disabilities in Education Act (IDEA). As such, Private Schools do not have any enumerated special education service requirements. Many do offer certain accommodations and services for children who require special education, but legally they are not beholden to federal law as private schools.
Nonpublic schools, on the other hand, are institutions registered with the CA Department of Education, that do receive public funding. Most often, the nature of these schools are that they are entirely populated with children who are qualified to receive special education services in a certain area. As such, they are one of the most restrictive placements in the continuum of special education placements. However, they are required to follow the federal and state laws as they receive public funding.
Knowing the difference between these two terms for special education purposes may be necessary, especially if a school district is offering your child placement in a nonpublic school. The Economou Law Group can aid in determining the need for nonpublic placement based on your child's records, and also the appropriateness of nonbpublic placements throughout Los Angeles and Orange County. Call today at (626) 765-9607 for your free records review and consultation.
A private school is an educational institution which is completely private, not receiving any public funding whatsoever. These institutions are not subject to the terms enumerated in the federal Individuals with Disabilities in Education Act (IDEA). As such, Private Schools do not have any enumerated special education service requirements. Many do offer certain accommodations and services for children who require special education, but legally they are not beholden to federal law as private schools.
Nonpublic schools, on the other hand, are institutions registered with the CA Department of Education, that do receive public funding. Most often, the nature of these schools are that they are entirely populated with children who are qualified to receive special education services in a certain area. As such, they are one of the most restrictive placements in the continuum of special education placements. However, they are required to follow the federal and state laws as they receive public funding.
Knowing the difference between these two terms for special education purposes may be necessary, especially if a school district is offering your child placement in a nonpublic school. The Economou Law Group can aid in determining the need for nonpublic placement based on your child's records, and also the appropriateness of nonbpublic placements throughout Los Angeles and Orange County. Call today at (626) 765-9607 for your free records review and consultation.
Thursday, July 23, 2015
Consent and Agreement in IEPs
One of the biggest issues that Parents routinely bring to me is the issue of consent to their child's IEP. The situation frequently occurs where you've just had a long meeting with a lot of information presented, and then the IEP administrator plops down the consent page in front of you for signature. As a parent, you're not sure about all the information you've heard, but you feel tremendous pressure with a table full of people staring at you. What do you do?
The majority of parents, in my experience, sign right then and there whether or not they understand or agree. If you've been in that situation, trust me you are not alone.
As a parent, you are the most valuable member of the IEP team (according to both federal and CA state law). You have to be afforded meaningful participation in all IEP meetings, which means your full understanding and agreement with all provisions. Unfortunately, many times this doesn't occur for whatever reason.
I advise all my clients, and anyone who I speak to on this topic, to take the IEP document (along with any and all assessments) home with them to review prior to signing their consent. This doesn't necessarily mean to have them reviewed by an attorney, but just to go over them in more detail so that you understand all provisions. If you have specific questions, write them down and ask for a follow up IEP meeting to discuss them. That way, when you sign consent, you are providing consent and agreement rather than just feeling pressured into signing at the end of a long meeting.
The Economou Law Group has extensive experience in reviewing IEP documents, assessment reports and records for children with all disabilities. If you feel that an attorney review is necessary, we offer free record review and consultation. Call us today at (626) 765-9607.
The majority of parents, in my experience, sign right then and there whether or not they understand or agree. If you've been in that situation, trust me you are not alone.
As a parent, you are the most valuable member of the IEP team (according to both federal and CA state law). You have to be afforded meaningful participation in all IEP meetings, which means your full understanding and agreement with all provisions. Unfortunately, many times this doesn't occur for whatever reason.
I advise all my clients, and anyone who I speak to on this topic, to take the IEP document (along with any and all assessments) home with them to review prior to signing their consent. This doesn't necessarily mean to have them reviewed by an attorney, but just to go over them in more detail so that you understand all provisions. If you have specific questions, write them down and ask for a follow up IEP meeting to discuss them. That way, when you sign consent, you are providing consent and agreement rather than just feeling pressured into signing at the end of a long meeting.
The Economou Law Group has extensive experience in reviewing IEP documents, assessment reports and records for children with all disabilities. If you feel that an attorney review is necessary, we offer free record review and consultation. Call us today at (626) 765-9607.
Wednesday, July 15, 2015
Child Find Obligation
Under both federal and CA state law, school districts are under a direct mandate to seek out and provide special education assessment to those children it has any suspicion might need special education services.
School districts sometimes use this mandate incorrectly to withhold special education assessment and services. While it is acceptable for a school district to provide services short of assessment in lieu of special education when it feels there is no evidence to warrant such an assessment, the US Department of Education has stated directly that if there is any significant evidence of the need for special education, a school district must assess.
The Economou Law Group has extensive experience working with parents whose children have not been properly assessed and qualified for special education services. If you feel that your child is not being serviced appropriately, call today at (626) 765-9607 for a consultation.
School districts sometimes use this mandate incorrectly to withhold special education assessment and services. While it is acceptable for a school district to provide services short of assessment in lieu of special education when it feels there is no evidence to warrant such an assessment, the US Department of Education has stated directly that if there is any significant evidence of the need for special education, a school district must assess.
The Economou Law Group has extensive experience working with parents whose children have not been properly assessed and qualified for special education services. If you feel that your child is not being serviced appropriately, call today at (626) 765-9607 for a consultation.
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