This time of year, it is important to think about certain timelines with regard to special education and certain requests.
Once you make a request for any special education-related assessment, a school district has 15 days to give you a response and/or an assessment plan to sign. Once a parent signs and returns that assessment plan to a school district, they have 60 days to complete the assessment and hold an IEP meeting to discuss the assessment results.
You may be asking "So why does this time of year have anything to do with that?" Good question. Those statutory timelines are tolled during school holidays of 5 days or longer. That means that all timelines stop during summer break. So if you request an assessment, and sign an assessment plan, and on day 59 the school district goes into summer break. that means your IEP will take place no later than the 2nd day of school NEXT school year.
The school district can finish the process sooner, but they are not compelled to do so by law. This also goes for a direct request for an IEP meeting, which the school district must comply with within 30 days. If that 30 days goes into summer, again it will take place NEXT school year.
The moral of the story is: Be prepared to wait, or, in the alternative, make sure to get those requests in prior to 2 months before summer break if you want your meetings to happen during the "current" school year.
Showing posts with label assessment. Show all posts
Showing posts with label assessment. Show all posts
Wednesday, August 5, 2015
Friday, July 31, 2015
Independent Educational Evaluations (IEEs)
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.
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.
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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