Are you the parent of a child with autism or a learning disability that needs an Independent Educational Evaluation (IEE), to determine their educational needs or services? Have you heard that parents can ask special education personnel in their school district to pay for an IEE at public expense? This article will discuss the 5 IDEA (the Individuals with Disabilities Education Act) requirements for an IEE at public expense.
1. IDEA 300.502 under (b) (1) states that parents “Have the right under this part to obtain an independent educational evaluation at public expense if the parent disagrees with the evaluation obtained by the public agency.”
2. Special education personnel may ask why you disagree with their evaluation, but they cannot require you to give an explanation of what you disagree with. In fact I recommend not telling them what you disagree with, because they may try and limit the IEE.
3. IDEA 300.502 (b) (2) states “that if a parent requests an independent educational evaluation at public expense, the public agency must without unnecessary delay either; 1. File for a due process hearing to show that its evaluation is appropriate, or 2. Ensure that an independent educational evaluation is provided at public expense. . .”
4. IDEA 300.502 (5) (e) states “If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.” Many school districts try and put a lot of criteria on parents for IEE’s at public expense. For Example: geographic, cost, name of evaluator must be on a list etc.
5. Except for the criteria in 4 above, school districts may not impose other conditions or timelines on the IEE at public expense.
The Office of Special Education Programs (OSEP) has stated, that school districts may develop criteria for IEE’s at public expense; with these two exceptions.
a. The school district cannot make criteria, that prevent the parent from getting an IEE at public expense. For Example: If you live in a small town, with no available evaluators, and your district states that the evaluation must be done within 30 miles; it would be impossible for you to find an evaluator. Or the special education personnel make the cost so low that you cannot find anyone to evaluate your child. This may prevent you from getting the IEE at public expense, so stand up to special education personnel.
b. School districts must allow parents, to prove that their child’s circumstances are unique, and require a waiver of the criteria. For Example: If you feel that your child needs to be seen by a Clinical Psychologist, the cost is probably going to be more than a psychologist would charge. If you can prove unique circumstances, why your child needs to be evaluated by a Clinical Psychologist, then the school district is supposed to pay for the Clinical Psychologist. Whether a school district is willing to do that, without a due process hearing, depends on your school district.
Remember any criteria that a school district makes for an IEE at public expense must not prevent the parent from getting the IEE; and they must allow for waiver of criteria if the child’s circumstances require it. A good independent evaluation can benefit your child by determining their disabilities or educational and related service needs.
By: JoAnn Collins
Posts Tagged ‘Autism’
5 IDEA Requirements for Independent Evaluations at Public Expense
January 16th, 20104 Parenting Tips to Avoid School Districts Attorney at Special Education IEP Meetings
December 14th, 2009
Are you the parent of a child with autism or a learning disability? Are you a single parent who sometimes feels intimidated by special education personnel, at IEP meetings? Have school personnel told you that they will be bringing their attorney to your child’s next IEP meeting, and you are upset? Some special education personnel state that they want their attorneys at IEP meetings, to try and intimidate parents, and have them not ask for additional services. This article will give you 4 easy to use parenting tips, to help you prevent your school district, from bringing their attorney to your child’s IEP meeting.
The Individuals with Disabilities Education Act (IDEA) is silent, on any attorney’s at IEP meetings, parents or school districts. But if the school district has an attorney at an IEP meeting and the parents cannot afford an attorney, then the parent will not be able to be an equal participant in the IEP process.
Tip 1: Once you are notified that the school’s attorney is coming to your child’s IEP meeting, notify them in writing that you will be canceling the meeting. Also tell them your reason for canceling the meeting (cannot afford an attorney and feel that I would not be an equal participant), and that they do not have your permission to have the meeting without you. This last part is important, so that if they have the meeting, you can file a state complaint and ask that everything done at the meeting be thrown out, because the meeting was illegal.
Tip 2: After you have canceled the meeting, go to the Department of Educations Web site at ed.gov, and type in Special Education in the box. Once you get to special education, in the Search box put “OSEP policy letter to Hillary Clinton July 23, 2001.”
The letter was written by Hillary Clinton asking whether it is appropriate for a district to invite its attorney to IEP meetings. OSEP answered Hillary’s letter by stating that: School districts can invite people that have knowledge or special expertise regarding the child. However ever if the attorney possessed knowledge about the student, his or her presence would have the potential of creating an atmosphere that would not be in the child’s best interest. . .Therefore the best interest of the child compelled OSEP to strongly discourage attendance of attorneys for school districts at IEP meetings.
Tip 3: Write another letter to your school district and include copies of the Hillary Clinton Policy Letter on School Attorneys at IEP meetings. Ask them to reconsider their decision to bring their attorney to your child’s IEP meeting. If they will not reconsider go on to Tip 4.
Tip 4: File a state complaint with your state department of education, stating that your school district is violating IDEA, by not allowing you to be an equal participant in your child’s IEP. Special education personnel are doing this by inviting their attorney to your child’s IEP meeting. The state has 60 days to complete the complaint. Send in copies of all letters, to and from school personnel, as well as the Hillary Clinton Policy Letter with your complaint.
I actually had this happen to me several years ago. I told the special education person that I would be canceling the meeting. After thinking about it, the school district changed their mind about having their attorney come to my son’s IEP meeting. The meeting was held without the presence of an attorney.
By using these 4 easy to use tips, you will be able to advocate for your child to try and prevent the school district, from bringing their attorney to your child’s IEP meeting. Good Luck, the fight is worth it!
By: JoAnn Collins
9 Things to Know About Use of Restraint and Seclusion For Children in Special Education
December 12th, 2009
Are you the parent of a child with autism or another disability that has behavioral issues, especially at school? Are you concerned about what how special education personnel are handling the behavioral issues? Has your child told you that “so and so hurt me today?” This article will be discussing 9 things that every parent must know about the use of restraint and seclusion in school settings.
Here are 9 things that you need to know about the use of restraint and seclusion in school districts:
1. Definition of A restraint is–Any manual method, physical or mechanical device, material, or equipment that immobilizes or reduces the ability of an individual.
2. Definition of Seclusion is–The involuntary confinement of an individual alone in a room or area from which the individual is physically prevented from leaving.The involuntary confinement of an individual alone in a room or area, from which the individual is physically prevented from leaving. Seclusion should only be used for the management of violent or self-destructive behavior.
3. The Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS) has stated that: Aversives, restraints, and seclusion can cause emotional, psychological, and/or physical damage as well as death.” The most dangerous practice which causes the most injury and death; is of prone restraints which has the child face down! They cannot breath, and some children have died as a result of this barbaric method!
4. The National Education Association has issued guidelines that discuss restraint or seclusion of violent students, stating that physical restraint should be used with a student only when there is an imminent risk either of harm to a person or property damage.
5. Parents, community members, and professionals have had concerns about the length of time, that students are in time-out, as well as the supervision and safety of students in seclusionary time-out settings.
6. National Disability Rights Network examined all state laws, policies and guidelines. Including the District of Columbia shows that, of the 56 states and territories in the United States:
Forty-one percent (41%) have no laws, policies or guidelines concerning restraint or seclusion use in
schools;
Almost ninety percent (90%) still allow prone restraints;
Only forty-five percent (45%) require or recommend that schools
Automatically notify parents or guardians of restraint/seclusion use.
7. The Office of Special Education Programs (OSEP) in the United States Department of Education oversees the enforcement of IDEA. OSEP has funded a technical assistance project – one focused specifically on positive behavioral interventions and supports and of best practices, including behavioral supports. Because of its emphasis on positive behavioral intervention and supports, you would expect OSEP to be supportive of alternatives and against the violent and abusive practice of restraint or seclusion, but they are not!
8. OSEP has done little, if anything, over the past 33 years to protect children with disabilities, from the use of restraint or seclusion. The most unfortunate outcome of OSEP’s lack of back bone is that these procedures continue to be used causing injury, emotional difficulty, and death!
9. Best Practices: IDEA recommends that students with behavioral challenges receive a system of positive behavioral interventions and supports. Positive behavioral interventions and supports is a research-based method for improving student behavior and creating a safe and productive school climate. The practice of positive behavioral interventions and supports is: proactive, comprehensive and data driven. It should be noted that this approach has been shown to significantly reduce problem behaviors, disciplinary referrals, and suspensions.
By having this information you will be able to fight for your child, so that they are not injured or killed, by the dangerous practices of restraint and seclusion. Also by knowing what best practices are, you may be able to advocate that these are carried out for your child. This will help your child be safe and also be in an environment where they can learn!
By: JoAnn Collins
