Posts Tagged ‘Legal Rights’

Podcast Seven

Sunday, February 8th, 2009


Regional Center, Lawyers, Public School, To my Son, Part II

Podcast Six

Sunday, February 1st, 2009

Regional Center, Part II; To My Son, Part I

Podcast Five

Monday, January 26th, 2009

Obama, IEP’s, Floortime, Fiction: Pull

Are Your Ducks in a Row?

Saturday, January 24th, 2009

I will talk about this in my next podcast, but meanwhile here is some good advice from on how to get ready for your child’s public school special education assessment:

When the school district advises you that an assessment will take place, write to the school asking for the qualifications of the assessor and ask that you participate in the assessment. The law requires that an assessor be qualified to make the assessment. Further, “any standardized tests” are to be “administrated by trained and knowledgeable personnel.” (20 USC Section 1414(b)(3)(B)(ii)). (See Sample Letters in the Letters Section of this web site.)

Check your state law for the time lines that are applicable to assessments. In California, for instance, the school has 15 days to give you a proposed assessment plan containing a notice of parents’ rights. Days between regular school sessions and school vacation days of more than 5 days are not counted. The school must complete the assessment completed within 50 days.

It is advisable to ask an autism expert which tests would be appropriate before the assessment begins. If the school fails or refuses to perform the appropriate assessments, does not have a qualified professional to make the assessment, or takes too long, see an attorney or advocate. Again, be sure to write the school before the assessment takes place and ask for the qualifications of the assessor.

And from, number 4 on the 10 most common IEP mistakes:

Requesting a related service instead of an assessment that supports the need for a related service.

Many times parents will request services such as speech, occupational therapy, physical therapy, etc. in the IEP meeting. Frequently the IEP committee will respond by stating that the student does not need the service. We recommend that parents do not request the service but request the assessment that supports the need for the related service. For example, instead of requesting speech for your child request a speech assessment.

Only a certified or licensed professional is qualified to determine if a  child needs or does not need a particular related service. As in #2, list the reasons why you think an assessment is educationally necessary for your child and submit your request to the IEP committee as part of the IEP minutes.