Are you a parent who is interested in what criteria special education personnel can use for an Independent Educational Evaluation at Public Expense? Have you been denied an IEE at public expense, because you refuse to go along with strict criteria set by your school district? This article will discuss what criteria special education personnel are allowed to set for IEE’s at public expense.
The Office of Special Education Programs does allow school districts to make criteria for IEE’s at public expense if:
a. Parents are allowed to ask for a waiver of the criteria if their child’s disability warrants it, or
b. The criteria do not prevent the parent from getting the IEE at public expense.
Below is a discussion of the criteria that school districts are allowed to set: (Just remember that the criteria cannot prevent the parent from getting the IEE at public expense)
1. Professional qualifications; An independent evaluator must be at least as qualified, as special education personnel, who do the testing in the school district. If you want an independent evaluator who is more qualified than school person, you must put that in your initial request for an IEE at public expense.
A lot of conflict often occurs because parents want their child tested by a Clinical psychologist not a School psychologist; which increases the cost.
If you can prove, that unique circumstances require a clinical psychologist, then your school district may agree. If they do not, they should file for a due process hearing.
2. Cost; A lot of school districts, place very low cost on independent educational evaluations at public expense. A good qualified independent evaluator is going to cost quite a bit, depending on the profession and location. If the evaluation that you want is going to cost more than the amount stated by your school district, tell them that you are asking for a cost waiver because of unique circumstances. They may ask you to list the unique circumstances, which is allowed.
Another issue is that school personnel cannot prevent you from getting an IEE at public expense. If they make the cost too low, then you will not be able to get the evaluation.
3. Geographical; Some school districts want you to stay within a certain geographic area. Again they can do it, if it does not prevent you from getting the evaluation.
Below is criteria school districts are not allowed to set:
1. Pick from this list of Evaluators: This is not allowed by the Office of Special Education Programs which is part of the Department of Education.
2. We will pay but we get to pick the evaluator: Also not allowed by OSEP. On February 20, 2004 OSEP published a policy letter regarding IEE’s at public expense. In this letter OSEP states: It is the parent, not the district, who has the right to choose which evaluator. . .will conduct the evaluation.
3. If you want an IEE at public expense you must file for a due process hearing. The Individuals with Disabilities Education Act (IDEA) is clear; either school districts pay for the evaluation of they file for a due process hearing to prove that their evaluation is correct. This is important because in some states the burden of proof at due process rests on the party that files.
4. We want to determine specifically what tests are done. IDEA states that parents and school districts must agree on areas to be tested, not on the tests themselves. If an agreement cannot be reached then special education personnel must file for a due process hearing.
By understanding what criteria special education personnel can make for an IEE at public expense, you will be in a better position to get an IEE at public expense for your child.
By: JoAnn Collins
Posts Tagged ‘Disability’
Criteria For IEE’s at Public Expense – Can Special Education Personnel Do That?
November 4th, 2009Special Education – What Are Positive Behavioral Supports, and Can They Help My Child?
November 1st, 2009
Does your child with autism or ADHD have behavioral issues while at school? Does your school district continue to punish your child, rather than find a way to decrease their negative behavior? This article will discuss the use of positive behavioral supports to increase positive behavior thus decreasing negative behavior.
Punishment only works in the short term to decrease negative behavior. Positive behavioral supports are research based and best practice, to change a child’s behavior for the long term.
The Individuals with Disabilities Education Act 2004 (IDEA 2004) requires : The IEP team in a case of a child whose behavior impedes his or her learning, or that of others to consider. . .strategies including positive behavioral intervention and systems to achieve positive change.
So while many special education personnel continue to punish a child with a disability for negative behavior, the use of positive supports are required by IDEA 2004, and they are also effective long term.
A summary of Positive Behavioral Supports:
1. Positive behavioral support is the application of positive behavioral interventions and systems to achieve positive change.
2. Positive behavioral support is an approach to discipline and intervention that is proving both effective and practical in schools.
3. The emphasis is on behavior change that is durable, comprehensive, and linked to academic and social gains.
4. The development of positive behavioral intervention and plans, are guided by functional behavioral assessment and is a foundation on which positive behavioral support is delivered.
5. Functional Behavioral Assessment is a systematic way of identifying problem behaviors and the events that predict occurrence, and maintenance of those behaviors.
6. A proactive perspective is maintained along a continuum, using prevention and interventions.
A few things to keep in mind:
In my experience, a lot of children that have a disability develop negative behavior, because of frustration with their academics. There is a huge connection between academic difficulty and behavioral difficulty. If your child has negative behavior at school, you must investigate and make sure that the academics that they are being taught are at their academic level. Make sure any change in academic curriculum, is included in your child’s individual education plan (IEP).
Also, children with negative behaviors must be taught new acceptable behaviors, to replace the negative ones. Identify other appropriate behaviors that can be taught, that will serve the same function for the child. Make sure that any new behaviors that need to be taught to your child, are listed in their IEP.
By focusing on positive behavioral supports rather than punishment you can help your child increase their positive behavior. This will in turn will benefit their education, and their life!
By: JoAnn Collins
Special Education – 3 Benefits Your Child Could Receive From an Inclusive Placement
October 30th, 2009
Are you considering an inclusive placement for your child with autism,
or learning disabilities? Would you like to know what benefits, your
child with a disability could gain by being in an inclusive placement?
This article will discuss what inclusion is, and what positive things
your child can receive, from an inclusive placement. Remember,
inclusion is not for every child with a disability, but it is an
option.
Inclusion is a type of placement that is available, for any child with
a disability. The education takes place in the regular classroom. This
could be a full time inclusive placement or a part time, whatever your
child needs to benefit from their education.
3 Benefits:
1. In an inclusive setting, your child will have access to the regular
education curriculum. What this means, is that your child will
hopefully receive the same educational instruction, as children
without disabilities. Parents and special education personnel, should
have high expectations for children with disabilities, and access to
the regular education curriculum may be what the child needs.
2. In a inclusive setting, your child will also receive district wide
and state testing. This testing will bring about accountability for
your child, and will also help you understand if they are not
learning, and need a more intense placement. Keep copies of all
district and state wide testing, in case a dispute occurs between
yourself and school personnel.
3. In an inclusive setting, your child will have a greater access to
children without disabilities, which will help them develop
appropriate social skills. Children with disabilities have the right
to be educated with children without disabilities, to the maximum
extent appropriate.
Remember, that if your child is in a regular classroom, they have the
right to supplementary aids and services, that will help them benefit
from a regular education classroom. These could be anything that your
child needs; a classroom assistant, and individual assistant, shorter
assignments, shorter tests, etc. These supplementary aids and services
will help your child succeed in a regular classroom.
By understanding what benefits your child can receive from an
inclusive placement, you will be better able, to make an informed
decision about placement. What is most important is what placement
your child needs in order to learn.
By: JoAnn Collins
