Re: Requested IEE... Is response appropriate?

[Guest guest]

An IEE is an evaluation out of the district paid for by the district. If what you are wanting is something that your insurance pays for you can ask your pediatrician to write an order and recommend OT's to go to. Has the district refused you an OT evaluation in the past? Does your child have an IEP? Has the school district evaluated your child?

Carolyn

From: <jenuhferr@...> Sent: Thursday, February 10, 2011 11:45 AMSubject: ( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her. Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right. Thanks, H

[Guest guest]

It is not appropriate at all and she's trying to get away with something--your radar is right to think something is up. I would no way go to this meeting. She is circumventing the system. 

See if you like this--  I would in writing tell her:

Dear Ms. XX

As of 2/10/11, XX days have passed since I submitted my independent educational evaluation (IEE) request to you. I am still waiting to hear about the status of my IEE request. As you know the law requires that you respond without “unnecessary delay.” I also request that you provide me information on qualified evaluators who conduct occupational therapy assessments and the criteria the school district uses to conduct its own evaluations and which are applicable for independent educational evaluations. Please include the evaluator credentials required for our requested IEE.

I look forward to hearing from you soon,

XX

On Thu, Feb 10, 2011 at 12:45 PM, <jenuhferr@...> wrote:

 

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to " see what we can do at a district level... " ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her.

Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right.

Thanks,

H

[Guest guest]

My daughter has an IEP and receives speech 2x a week. They did an OT screening due to my concerns that she still needs OT. The OT found lots of things wrong but said some is part of her diagnosis (irrelevent) and we should wait to do an actual evaluation when she falls behind her peers. I don't agree with this at all. My daughter used to get OT in early intervention and for a while in preschool until i was very ill and couldn't attend a CPSE meeting and they got rid of it. I just let it go. Now in Kindergarten her need is much greater for sensory issues, fine motor (writing is really showing this now), and food issues / oral motor / chewing is still a problem I see now.So, I was thinking of writing and telling them that we would consent to an evaluation by someone else in the district if they are now willing because they haven't done one and to get an IEE you usually need an evaluation that you don't agree with. Only thing I don't like about this is how long it would take and then if we needed the IEE anyway that's even more time.I assumed tha her medicaid HMO would not cover an OT eval and frankly I have no idea how to find a private one. I'll have to look into it. HOn Feb 10, 2011, at 5:19 PM, Carolyn Weisbard <ccweisbard@...> wrote:

An IEE is an evaluation out of the district paid for by the district. If what you are wanting is something that your insurance pays for you can ask your pediatrician to write an order and recommend OT's to go to. Has the district refused you an OT evaluation in the past? Does your child have an IEP? Has the school district evaluated your child?

Carolyn

From: <jenuhferr@...> Sent: Thursday, February 10, 2011 11:45 AMSubject: ( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her. Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right. Thanks, H

[Guest guest]

I'm not sure, but I think they are now willing to do a full evaluation and if that.'s the case I think I have to let them before I can get an IEE. I'm sure they will take their sweet time setting it up. I wrote a letter saying that we won't attend a meeting but we would consent to an OT eval done by a different OT than the one who did the screening. I basically said give me that or the IEE and no more delay but in a nice but firm way. I'm also going to see if I can find out if an OT eval would be covered by my daughter's insurance. Not sure how to find out if they HAVE to by law here in NY. H6 yo Aspie girlOn Feb 10, 2011, at 5:19 PM, <doyourecycle@...> wrote:

It is not appropriate at all and she's trying to get away with something--your radar is right to think something is up. I would no way go to this meeting. She is circumventing the system.

See if you like this-- I would in writing tell her:

Dear Ms. XX

As of 2/10/11, XX days have passed since I submitted my independent educational evaluation (IEE) request to you. I am still waiting to hear about the status of my IEE request. As you know the law requires that you respond without “unnecessary delay.†I also request that you provide me information on qualified evaluators who conduct occupational therapy assessments and the criteria the school district uses to conduct its own evaluations and which are applicable for independent educational evaluations. Please include the evaluator credentials required for our requested IEE.

I look forward to hearing from you soon,

XX

On Thu, Feb 10, 2011 at 12:45 PM, <jenuhferr@...> wrote:

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her.

Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right.

Thanks,

H

[Guest guest]

That is a really backwards excuse to get rid of OT - that her problems are related to her dx? While it is interesting to note "why" she has the delay, they still need to provide service if she has a serious enough delay. Do request everything in writing. Send a request for an evaluation in writing. State your concerns and that you did not agree to discontinue services. From now on, if you cannot attend a meeting or get someone to go for you, you can have a meeting over the phone or just tell them to reschedule to a better time. Also, you don't have to agree to the IEP or to all of the IEP. To get rid of the OT services, they should have done an evaluation showing she no longer needed services. You could disagree with that and request an IEE at their expense.

It does take time, but get started now.

Roxanna

“Our lives begin to end the day we

become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her.

Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right.

Thanks,

H

[Guest guest]

Sounds like she wants to find out what is going on or perhaps try to do something to make you happy. It's hard to say. I would go to the meeting to hear what she wants. But I would also let her know I need a reply to my request, in writing and am waiting on it.

Roxanna

“Our lives begin to end the day we

become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her.

Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right.

Thanks,

H

[Guest guest]

Got the response and just posted here that my request for the IEE is denied and they are going to meet (i guess without us) on March 16th to decide if the eval is warranted. So, they have a screening that says no and they're just going to have a nice chat?

So I guess now I have to have my husband leave work and come with me to this meeting to give my input. Or does anyone know if I can submit something in writing to explain why I think she needs OT? I might be able to get a note from one of her doctors saying she needs it as well but not sure. He did say she needs it based on what I told him though only. If I submitted something in writing, would they HAVE to take it into consideration or could they just throw it in the trash or ignore it? Does it go on the record?

Also, the preschool discontinued the OT years ago and the need didn't seem to really be enough to fight for it. Once she started Kindergarten it is a whole different story especially now trying to write and being in a typical classroom half of the day (which will be full day next year.)

Thanks, in NY6yo Aspie girlOn Wed, Feb 16, 2011 at 10:31 PM, Roxanna <MadIdeas@...> wrote:

 

Sounds like she wants to find out what is going on or perhaps try to do something to make you happy.  It's hard to say.  I would go to the meeting to hear what she wants.  But I would also let her know I need a reply to my request, in writing and am waiting on it.  

Roxanna

“Our lives begin to end the day we

become silent about things that matter.” - Luther King, Jr.

( ) Requested IEE... Is response appropriate?

 

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to " see what we can do at a district level... " ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her.

Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right.

Thanks,

H

[Guest guest]

call disability rights- they can not deny an IEE unless one was already done in the past year. they may be discussing just giving you what you want because those evals are so expensive and it will probably tell them your child needs it anyways. Check out wrightslaw.com They ( the school) may ask you to pay for it but if they did an inept job you can argue that and if it ever went to due process you might win the money back. You should wrie a formal letter stating you DISAGREE with x.y, and z and wants and IEE at public expense. There are sample letters at wrightslaw that work well.

What is Required of School Districts?

The federal regulations direct school districts to inform parents of their right to obtain an IEE, 34 C.F.R. §300.502(a), where they may obtain an IEE, id., and conditions for obtaining an IEE at public expense. 34 C.F.R §300.502(.

Several sections of the federal regulations direct local school systems to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343©(2)(iii), 300.503©, 300.533(a)(1)(i). The federal regulations even envision instances where the independent evaluation may be given greater weight than the school system's evaluation. 34 C.F.R. §300.502(.

Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory. 34 C.F.R. 300.503© ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). (Emphasis added).

When a parent presents an independent evaluation to the school district, the IEP team is required to consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.

However, a United States District Court in land ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

Who is Financially Responsible for an IEE?

Generally, parents are responsible for the costs of an IEE. However, in some circumstances the school district may be financially responsible.

If the school district does not have the personnel or resources to conduct an evaluation that an IEP team has identified is needed, the school district must obtain a private evaluation at its own expense. Or, if the school district determines that an IEE is needed or should be conducted for any reason, in most situations, the school district has to pay for the evaluation.

When Parents & School Staff DisagreeWhen parents and the school district disagree about the need for an independent educational evaluation (IEE), there are certain conditions in which a school district may be forced to pay for the evaluation. If the parents present an evaluation that the school district previously refused to conduct, the school district may be required to reimburse the parents for the costs of this evaluation - if it is determined that the evaluation provided information which impacted the child's education, services or placement.

Additionally, if the parents disagree with a school district evaluation and request an IEE at public expense, the school district must obtain the IEE and pay for it unless the school district requests a due process hearing and the hearing officer rules that the IEE is not needed. 34 C.F.R. 300.503.

In other words, the school district cannot simply refuse the parents' request for an independent evaluation. The district must consent to the IEE at public expense, or request a due process hearing and prove to a hearing officer that the school evaluation was sufficient. Finally, if a hearing officer orders an IEE during the course of a due process hearing, it will be conducted at public expense. Id.

Conclusion

Independent educational evaluations can be a valuable tool for parents and school staff when used to determine a child's educational needs. The burden placed on school systems to consider a parentally obtained IEE is not severe. But, failure to give due consideration to a parentally obtained IEE can result in an invalid IEP.

One way that parents can act as equal participants in educational decision-making for their child is to obtain additional information from an IEE. School districts that welcome a parentally obtained IEE, rather than viewing it with suspicion or hostility, will benefit from the additional information the IEE provides. When parents and school personnel work together, this is always in the child's best interest.

From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:47:45 AMSubject: Re: ( ) Requested IEE... Is response appropriate?

Got the response and just posted here that my request for the IEE is denied and they are going to meet (i guess without us) on March 16th to decide if the eval is warranted. So, they have a screening that says no and they're just going to have a nice chat?

So I guess now I have to have my husband leave work and come with me to this meeting to give my input. Or does anyone know if I can submit something in writing to explain why I think she needs OT? I might be able to get a note from one of her doctors saying she needs it as well but not sure. He did say she needs it based on what I told him though only. If I submitted something in writing, would they HAVE to take it into consideration or could they just throw it in the trash or ignore it? Does it go on the record?

Also, the preschool discontinued the OT years ago and the need didn't seem to really be enough to fight for it. Once she started Kindergarten it is a whole different story especially now trying to write and being in a typical classroom half of the day (which will be full day next year.)

Thanks,

in NY

6yo Aspie girl

On Wed, Feb 16, 2011 at 10:31 PM, Roxanna <MadIdeas@...> wrote:

Sounds like she wants to find out what is going on or perhaps try to do something to make you happy. It's hard to say. I would go to the meeting to hear what she wants. But I would also let her know I need a reply to my request, in writing and am waiting on it.

Roxanna“Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her. Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right. Thanks, H

[Guest guest]

, thanks for sending this. I appreciate it. I found one phrase interesting and concerning at the same time....

'(1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). '

Problem is that they do not HAVE to accept the IEE and it's recommendations, and that can place you in a difficult place......

Carolyn

From: Jadczak <bjadczak@...> Sent: Fri, February 18, 2011 2:33:48 PMSubject: Re: ( ) Requested IEE... Is response appropriate?

call disability rights- they can not deny an IEE unless one was already done in the past year. they may be discussing just giving you what you want because those evals are so expensive and it will probably tell them your child needs it anyways. Check out wrightslaw.com They ( the school) may ask you to pay for it but if they did an inept job you can argue that and if it ever went to due process you might win the money back. You should wrie a formal letter stating you DISAGREE with x.y, and z and wants and IEE at public expense. There are sample letters at wrightslaw that work well.

What is Required of School Districts?

The federal regulations direct school districts to inform parents of their right to obtain an IEE, 34 C.F.R. §300.502(a), where they may obtain an IEE, id., and conditions for obtaining an IEE at public expense. 34 C.F.R §300.502(.

Several sections of the federal regulations direct local school systems to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343©(2)(iii), 300.503©, 300.533(a)(1)(i). The federal regulations even envision instances where the independent evaluation may be given greater weight than the school system's evaluation. 34 C.F.R. §300.502(.

Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory. 34 C.F.R. 300.503© ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). (Emphasis added).

When a parent presents an independent evaluation to the school district, the IEP team is required to consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.

However, a United States District Court in land ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

Who is Financially Responsible for an IEE?

Generally, parents are responsible for the costs of an IEE. However, in some circumstances the school district may be financially responsible.

If the school district does not have the personnel or resources to conduct an evaluation that an IEP team has identified is needed, the school district must obtain a private evaluation at its own expense. Or, if the school district determines that an IEE is needed or should be conducted for any reason, in most situations, the school district has to pay for the evaluation.

When Parents & School Staff DisagreeWhen parents and the school district disagree about the need for an independent educational evaluation (IEE), there are certain conditions in which a school district may be forced to pay for the evaluation. If the parents present an evaluation that the school district previously refused to conduct, the school district may be required to reimburse the parents for the costs of this evaluation - if it is determined that the evaluation provided information which impacted the child's education, services or placement.

Additionally, if the parents disagree with a school district evaluation and request an IEE at public expense, the school district must obtain the IEE and pay for it unless the school district requests a due process hearing and the hearing officer rules that the IEE is not needed. 34 C.F.R. 300.503.

In other words, the school district cannot simply refuse the parents' request for an independent evaluation. The district must consent to the IEE at public expense, or request a due process hearing and prove to a hearing officer that the school evaluation was sufficient. Finally, if a hearing officer orders an IEE during the course of a due process hearing, it will be conducted at public expense. Id.

Conclusion

Independent educational evaluations can be a valuable tool for parents and school staff when used to determine a child's educational needs. The burden placed on school systems to consider a parentally obtained IEE is not severe. But, failure to give due consideration to a parentally obtained IEE can result in an invalid IEP.

One way that parents can act as equal participants in educational decision-making for their child is to obtain additional information from an IEE. School districts that welcome a parentally obtained IEE, rather than viewing it with suspicion or hostility, will benefit from the additional information the IEE provides. When parents and school personnel work together, this is always in the child's best interest.

From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:47:45 AMSubject: Re: ( ) Requested IEE... Is response appropriate?

Got the response and just posted here that my request for the IEE is denied and they are going to meet (i guess without us) on March 16th to decide if the eval is warranted. So, they have a screening that says no and they're just going to have a nice chat?

So I guess now I have to have my husband leave work and come with me to this meeting to give my input. Or does anyone know if I can submit something in writing to explain why I think she needs OT? I might be able to get a note from one of her doctors saying she needs it as well but not sure. He did say she needs it based on what I told him though only. If I submitted something in writing, would they HAVE to take it into consideration or could they just throw it in the trash or ignore it? Does it go on the record?

Also, the preschool discontinued the OT years ago and the need didn't seem to really be enough to fight for it. Once she started Kindergarten it is a whole different story especially now trying to write and being in a typical classroom half of the day (which will be full day next year.)

Thanks,

in NY

6yo Aspie girl

On Wed, Feb 16, 2011 at 10:31 PM, Roxanna <MadIdeas@...> wrote:

Sounds like she wants to find out what is going on or perhaps try to do something to make you happy. It's hard to say. I would go to the meeting to hear what she wants. But I would also let her know I need a reply to my request, in writing and am waiting on it.

Roxanna“Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her. Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right. Thanks, H

[Guest guest]

They have not yet done an evaluation. The law says that I have a right to the IEE if I disagree with their evaluation.. They have not done one so I cannot disagree therefore cannot get an IEE. They are now going to (pretend) to meet and determine if the school should do one. I cannot find anything in the law yet that says that the school HAS TO do an OT evaluation (as opposed to an initial eval). in NY6yo Aspie girlOn Feb 18, 2011, at 3:33 PM, Jadczak <bjadczak@...> wrote:

call disability rights- they can not deny an IEE unless one was already done in the past year. they may be discussing just giving you what you want because those evals are so expensive and it will probably tell them your child needs it anyways. Check out wrightslaw.com They ( the school) may ask you to pay for it but if they did an inept job you can argue that and if it ever went to due process you might win the money back. You should wrie a formal letter stating you DISAGREE with x.y, and z and wants and IEE at public expense. There are sample letters at wrightslaw that work well.

What is Required of School Districts?

The federal regulations direct school districts to inform parents of their right to obtain an IEE, 34 C.F.R. §300.502(a), where they may obtain an IEE, id., and conditions for obtaining an IEE at public expense. 34 C.F.R §300.502(.

Several sections of the federal regulations direct local school systems to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343©(2)(iii), 300.503©, 300.533(a)(1)(i). The federal regulations even envision instances where the independent evaluation may be given greater weight than the school system's evaluation. 34 C.F.R. §300.502(.

Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory. 34 C.F.R. 300.503© ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). (Emphasis added).

When a parent presents an independent evaluation to the school district, the IEP team is required to consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.

However, a United States District Court in land ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

Who is Financially Responsible for an IEE?

Generally, parents are responsible for the costs of an IEE. However, in some circumstances the school district may be financially responsible.

If the school district does not have the personnel or resources to conduct an evaluation that an IEP team has identified is needed, the school district must obtain a private evaluation at its own expense. Or, if the school district determines that an IEE is needed or should be conducted for any reason, in most situations, the school district has to pay for the evaluation.

When Parents & School Staff DisagreeWhen parents and the school district disagree about the need for an independent educational evaluation (IEE), there are certain conditions in which a school district may be forced to pay for the evaluation. If the parents present an evaluation that the school district previously refused to conduct, the school district may be required to reimburse the parents for the costs of this evaluation - if it is determined that the evaluation provided information which impacted the child's education, services or placement.

Additionally, if the parents disagree with a school district evaluation and request an IEE at public expense, the school district must obtain the IEE and pay for it unless the school district requests a due process hearing and the hearing officer rules that the IEE is not needed. 34 C.F.R. 300.503.

In other words, the school district cannot simply refuse the parents' request for an independent evaluation. The district must consent to the IEE at public expense, or request a due process hearing and prove to a hearing officer that the school evaluation was sufficient. Finally, if a hearing officer orders an IEE during the course of a due process hearing, it will be conducted at public expense. Id.

Conclusion

Independent educational evaluations can be a valuable tool for parents and school staff when used to determine a child's educational needs. The burden placed on school systems to consider a parentally obtained IEE is not severe. But, failure to give due consideration to a parentally obtained IEE can result in an invalid IEP.

One way that parents can act as equal participants in educational decision-making for their child is to obtain additional information from an IEE. School districts that welcome a parentally obtained IEE, rather than viewing it with suspicion or hostility, will benefit from the additional information the IEE provides. When parents and school personnel work together, this is always in the child's best interest.

From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:47:45 AMSubject: Re: ( ) Requested IEE... Is response appropriate?

Got the response and just posted here that my request for the IEE is denied and they are going to meet (i guess without us) on March 16th to decide if the eval is warranted. So, they have a screening that says no and they're just going to have a nice chat?

So I guess now I have to have my husband leave work and come with me to this meeting to give my input. Or does anyone know if I can submit something in writing to explain why I think she needs OT? I might be able to get a note from one of her doctors saying she needs it as well but not sure. He did say she needs it based on what I told him though only. If I submitted something in writing, would they HAVE to take it into consideration or could they just throw it in the trash or ignore it? Does it go on the record?

Also, the preschool discontinued the OT years ago and the need didn't seem to really be enough to fight for it. Once she started Kindergarten it is a whole different story especially now trying to write and being in a typical classroom half of the day (which will be full day next year.)

Thanks,

in NY

6yo Aspie girl

On Wed, Feb 16, 2011 at 10:31 PM, Roxanna <MadIdeas@...> wrote:

Sounds like she wants to find out what is going on or perhaps try to do something to make you happy. It's hard to say. I would go to the meeting to hear what she wants. But I would also let her know I need a reply to my request, in writing and am waiting on it.

Roxanna“Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her. Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right. Thanks, H

[Guest guest]

I know that one all too well - even after I got them to pay $1500+ for an eval at a local college's neuropsych dept, they still disqualified him for the IEP - it took him acting out before they conceeded and only then after stating how different a child he was - which was totally absurd. He had been acting the same way all along just escalated slowly and they didn't do anything so it got out of hand. It is like many things - it takes a combination of doctors reports and good tracking to show what the child's needs are

From: Carolyn Weisbard <ccweisbard@...> Sent: Fri, February 18, 2011 4:12:30 PMSubject: Re: ( ) Requested IEE... Is response appropriate?

, thanks for sending this. I appreciate it. I found one phrase interesting and concerning at the same time....

'(1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). '

Problem is that they do not HAVE to accept the IEE and it's recommendations, and that can place you in a difficult place......

Carolyn

From: Jadczak <bjadczak@...> Sent: Fri, February 18, 2011 2:33:48 PMSubject: Re: ( ) Requested IEE... Is response appropriate?

call disability rights- they can not deny an IEE unless one was already done in the past year. they may be discussing just giving you what you want because those evals are so expensive and it will probably tell them your child needs it anyways. Check out wrightslaw.com They ( the school) may ask you to pay for it but if they did an inept job you can argue that and if it ever went to due process you might win the money back. You should wrie a formal letter stating you DISAGREE with x.y, and z and wants and IEE at public expense. There are sample letters at wrightslaw that work well.

What is Required of School Districts?

The federal regulations direct school districts to inform parents of their right to obtain an IEE, 34 C.F.R. §300.502(a), where they may obtain an IEE, id., and conditions for obtaining an IEE at public expense. 34 C.F.R §300.502(.

Several sections of the federal regulations direct local school systems to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343©(2)(iii), 300.503©, 300.533(a)(1)(i). The federal regulations even envision instances where the independent evaluation may be given greater weight than the school system's evaluation. 34 C.F.R. §300.502(.

Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory. 34 C.F.R. 300.503© ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). (Emphasis added).

When a parent presents an independent evaluation to the school district, the IEP team is required to consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.

However, a United States District Court in land ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

Who is Financially Responsible for an IEE?

Generally, parents are responsible for the costs of an IEE. However, in some circumstances the school district may be financially responsible.

If the school district does not have the personnel or resources to conduct an evaluation that an IEP team has identified is needed, the school district must obtain a private evaluation at its own expense. Or, if the school district determines that an IEE is needed or should be conducted for any reason, in most situations, the school district has to pay for the evaluation.

When Parents & School Staff DisagreeWhen parents and the school district disagree about the need for an independent educational evaluation (IEE), there are certain conditions in which a school district may be forced to pay for the evaluation. If the parents present an evaluation that the school district previously refused to conduct, the school district may be required to reimburse the parents for the costs of this evaluation - if it is determined that the evaluation provided information which impacted the child's education, services or placement.

Additionally, if the parents disagree with a school district evaluation and request an IEE at public expense, the school district must obtain the IEE and pay for it unless the school district requests a due process hearing and the hearing officer rules that the IEE is not needed. 34 C.F.R. 300.503.

In other words, the school district cannot simply refuse the parents' request for an independent evaluation. The district must consent to the IEE at public expense, or request a due process hearing and prove to a hearing officer that the school evaluation was sufficient. Finally, if a hearing officer orders an IEE during the course of a due process hearing, it will be conducted at public expense. Id.

Conclusion

Independent educational evaluations can be a valuable tool for parents and school staff when used to determine a child's educational needs. The burden placed on school systems to consider a parentally obtained IEE is not severe. But, failure to give due consideration to a parentally obtained IEE can result in an invalid IEP.

One way that parents can act as equal participants in educational decision-making for their child is to obtain additional information from an IEE. School districts that welcome a parentally obtained IEE, rather than viewing it with suspicion or hostility, will benefit from the additional information the IEE provides. When parents and school personnel work together, this is always in the child's best interest.

From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:47:45 AMSubject: Re: ( ) Requested IEE... Is response appropriate?

Got the response and just posted here that my request for the IEE is denied and they are going to meet (i guess without us) on March 16th to decide if the eval is warranted. So, they have a screening that says no and they're just going to have a nice chat?

So I guess now I have to have my husband leave work and come with me to this meeting to give my input. Or does anyone know if I can submit something in writing to explain why I think she needs OT? I might be able to get a note from one of her doctors saying she needs it as well but not sure. He did say she needs it based on what I told him though only. If I submitted something in writing, would they HAVE to take it into consideration or could they just throw it in the trash or ignore it? Does it go on the record?

Also, the preschool discontinued the OT years ago and the need didn't seem to really be enough to fight for it. Once she started Kindergarten it is a whole different story especially now trying to write and being in a typical classroom half of the day (which will be full day next year.)

Thanks,

in NY

6yo Aspie girl

On Wed, Feb 16, 2011 at 10:31 PM, Roxanna <MadIdeas@...> wrote:

Sounds like she wants to find out what is going on or perhaps try to do something to make you happy. It's hard to say. I would go to the meeting to hear what she wants. But I would also let her know I need a reply to my request, in writing and am waiting on it.

Roxanna“Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her. Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right. Thanks, H

[Guest guest]

That is what I am fighting with as well. They do not want to listen to or "accept" my outside evals by ST/OT and Neurologist.... Eventually they will be sorry when she fails the TAKS or goes bolistic in the classroom (or in the middle of the hallway like she does in stores for me)....

Carolyn

From: Jadczak <bjadczak@...> Sent: Fri, February 18, 2011 4:23:59 PMSubject: Re: ( ) Requested IEE... Is response appropriate?

I know that one all too well - even after I got them to pay $1500+ for an eval at a local college's neuropsych dept, they still disqualified him for the IEP - it took him acting out before they conceeded and only then after stating how different a child he was - which was totally absurd. He had been acting the same way all along just escalated slowly and they didn't do anything so it got out of hand. It is like many things - it takes a combination of doctors reports and good tracking to show what the child's needs are

From: Carolyn Weisbard <ccweisbard@...> Sent: Fri, February 18, 2011 4:12:30 PMSubject: Re: ( ) Requested IEE... Is response appropriate?

, thanks for sending this. I appreciate it. I found one phrase interesting and concerning at the same time....

'(1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). '

Problem is that they do not HAVE to accept the IEE and it's recommendations, and that can place you in a difficult place......

Carolyn

From: Jadczak <bjadczak@...> Sent: Fri, February 18, 2011 2:33:48 PMSubject: Re: ( ) Requested IEE... Is response appropriate?

call disability rights- they can not deny an IEE unless one was already done in the past year. they may be discussing just giving you what you want because those evals are so expensive and it will probably tell them your child needs it anyways. Check out wrightslaw.com They ( the school) may ask you to pay for it but if they did an inept job you can argue that and if it ever went to due process you might win the money back. You should wrie a formal letter stating you DISAGREE with x.y, and z and wants and IEE at public expense. There are sample letters at wrightslaw that work well.

What is Required of School Districts?

The federal regulations direct school districts to inform parents of their right to obtain an IEE, 34 C.F.R. §300.502(a), where they may obtain an IEE, id., and conditions for obtaining an IEE at public expense. 34 C.F.R §300.502(.

Several sections of the federal regulations direct local school systems to ensure that such information provided by parents is properly considered. See 34 C.F.R. §§300.343©(2)(iii), 300.503©, 300.533(a)(1)(i). The federal regulations even envision instances where the independent evaluation may be given greater weight than the school system's evaluation. 34 C.F.R. §300.502(.

Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory. 34 C.F.R. 300.503© ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). (Emphasis added).

When a parent presents an independent evaluation to the school district, the IEP team is required to consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal.

However, a United States District Court in land ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).

Who is Financially Responsible for an IEE?

Generally, parents are responsible for the costs of an IEE. However, in some circumstances the school district may be financially responsible.

If the school district does not have the personnel or resources to conduct an evaluation that an IEP team has identified is needed, the school district must obtain a private evaluation at its own expense. Or, if the school district determines that an IEE is needed or should be conducted for any reason, in most situations, the school district has to pay for the evaluation.

When Parents & School Staff DisagreeWhen parents and the school district disagree about the need for an independent educational evaluation (IEE), there are certain conditions in which a school district may be forced to pay for the evaluation. If the parents present an evaluation that the school district previously refused to conduct, the school district may be required to reimburse the parents for the costs of this evaluation - if it is determined that the evaluation provided information which impacted the child's education, services or placement.

Additionally, if the parents disagree with a school district evaluation and request an IEE at public expense, the school district must obtain the IEE and pay for it unless the school district requests a due process hearing and the hearing officer rules that the IEE is not needed. 34 C.F.R. 300.503.

In other words, the school district cannot simply refuse the parents' request for an independent evaluation. The district must consent to the IEE at public expense, or request a due process hearing and prove to a hearing officer that the school evaluation was sufficient. Finally, if a hearing officer orders an IEE during the course of a due process hearing, it will be conducted at public expense. Id.

Conclusion

Independent educational evaluations can be a valuable tool for parents and school staff when used to determine a child's educational needs. The burden placed on school systems to consider a parentally obtained IEE is not severe. But, failure to give due consideration to a parentally obtained IEE can result in an invalid IEP.

One way that parents can act as equal participants in educational decision-making for their child is to obtain additional information from an IEE. School districts that welcome a parentally obtained IEE, rather than viewing it with suspicion or hostility, will benefit from the additional information the IEE provides. When parents and school personnel work together, this is always in the child's best interest.

From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:47:45 AMSubject: Re: ( ) Requested IEE... Is response appropriate?

Got the response and just posted here that my request for the IEE is denied and they are going to meet (i guess without us) on March 16th to decide if the eval is warranted. So, they have a screening that says no and they're just going to have a nice chat?

So I guess now I have to have my husband leave work and come with me to this meeting to give my input. Or does anyone know if I can submit something in writing to explain why I think she needs OT? I might be able to get a note from one of her doctors saying she needs it as well but not sure. He did say she needs it based on what I told him though only. If I submitted something in writing, would they HAVE to take it into consideration or could they just throw it in the trash or ignore it? Does it go on the record?

Also, the preschool discontinued the OT years ago and the need didn't seem to really be enough to fight for it. Once she started Kindergarten it is a whole different story especially now trying to write and being in a typical classroom half of the day (which will be full day next year.)

Thanks,

in NY

6yo Aspie girl

On Wed, Feb 16, 2011 at 10:31 PM, Roxanna <MadIdeas@...> wrote:

Sounds like she wants to find out what is going on or perhaps try to do something to make you happy. It's hard to say. I would go to the meeting to hear what she wants. But I would also let her know I need a reply to my request, in writing and am waiting on it.

Roxanna“Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her. Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right. Thanks, H

[Guest guest]

If they disagree that she even needs the evaluation, then that is their evaluation. So you disagree with that. If all they had to do was deny eval's to get out of IEE's, they would do that to get out of providing services altogether.

Roxanna

“Our lives begin to end the day we

become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her.

Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right.

Thanks,

H

[Guest guest]

This week we were granted an IEE.... As part of the paperwork sent with that permission was the districts policies on parents requests for IEEs.... I have also read this elsewhere..... The policies state that if the parent disagrees with the districts eval then all they have to do is request an IEE from the special Ed Supervisor and it would be granted. I would exactly as Roxanna says and ask for prior written notice and then disagree with it. Good luckCarolynSent from my iPadOn Feb 22, 2011, at 10:38 PM, Roxanna <MadIdeas@...> wrote:

If they disagree that she even needs the evaluation, then that is their evaluation. So you disagree with that. If all they had to do was deny eval's to get out of IEE's, they would do that to get out of providing services altogether.

Roxanna

“Our lives begin to end the day we

become silent about things that matter.†- Luther King, Jr.

( ) Requested IEE... Is response appropriate?

I requested in writing an IEE for an OT evaluation. I just got a call from the CSE chairperson saying she wants to set up a meeting to "see what we can do at a district level..." ? I asked her to send me a letter and she told me that she was free on march 16th. I told her I'd get back to her.

Does this seem appropriate? Seems like now i have to go to a meeting to fight for this when i was expecting a letter with names of OTs on it. Something just doesn't smell right.

Thanks,

H