Guest guest Posted February 18, 2011 Report Share Posted February 18, 2011 , if you are unable to attend at that time, then they have to schedule a time that will work for ya'll, if only just to have you on speaker phone. You have a right to be included in all meetings.... Carolyn ps... I thought they had to do an eval if the parent insisted on it, even if the "screening" ruled out issues, it worked that way for my daughter.... From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:38:10 AMSubject: ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that therewill be a CSE meeting on March 16th to decide if my daughter can havean OT evaluation. She already had a screening and the OT said 'no' tothe evaluation. So, I requested an IEE and they have denied thatbecause they haven't done an OT eval. Fine that's the law. I THOUGHTthat I had the right to the OT eval but now I'm thinking that I justhave the right to an "initial" evaluation which she doesn't need...she already has an IEP, diagnosis, etc.I already told them that we could not attend the meeting in my lastletter due to our obligations (i'm sick and hubby works) and that wereally didn't have to because we have the right to an IEE withoutexplanation (even though I gave them one in the letters). I could goto the meeting but it seems just too much. Is this really necessary?They are going to say NO it's just so obvious. But I can't let themmeet without us there!Opinions please?? I can't find any specific info in the law on this,only on initial evaluations! in NY6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 18, 2011 Report Share Posted February 18, 2011 I have another thread going on about this... Basically I can't find it in the law where it says they are REQUIRED to do an OT eval. An initial eval (to determine if there are special needs) IS required from what I've read. Please if someone knows how I can find out one way or the other and where it is in the law that would be great. I've gone through my slaw books and their site and also other sites with no luck! in NYOn Feb 18, 2011, at 4:15 PM, Carolyn Weisbard <ccweisbard@...> wrote: , if you are unable to attend at that time, then they have to schedule a time that will work for ya'll, if only just to have you on speaker phone. You have a right to be included in all meetings.... Carolyn ps... I thought they had to do an eval if the parent insisted on it, even if the "screening" ruled out issues, it worked that way for my daughter.... From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:38:10 AMSubject: ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that therewill be a CSE meeting on March 16th to decide if my daughter can havean OT evaluation. She already had a screening and the OT said 'no' tothe evaluation. So, I requested an IEE and they have denied thatbecause they haven't done an OT eval. Fine that's the law. I THOUGHTthat I had the right to the OT eval but now I'm thinking that I justhave the right to an "initial" evaluation which she doesn't need...she already has an IEP, diagnosis, etc.I already told them that we could not attend the meeting in my lastletter due to our obligations (i'm sick and hubby works) and that wereally didn't have to because we have the right to an IEE withoutexplanation (even though I gave them one in the letters). I could goto the meeting but it seems just too much. Is this really necessary?They are going to say NO it's just so obvious. But I can't let themmeet without us there!Opinions please?? I can't find any specific info in the law on this,only on initial evaluations! in NY6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 18, 2011 Report Share Posted February 18, 2011 , You should contact an advocacy agency right away. You can request an IEE if you do not agree with the results of the one the school did. They can TRY to deny you but then you have a right to request mediation on it or due process so most of the time they won't deny it because it is cheaper than a due process. You should go on wrightslaw.com and read about your rights before you get hosed. The school must consider your outside evaluations and assessment but if they don't you can send them to the school with a cover letter and request that the IEP team review the documents you sent prior to your meeting and that you want them placed in your child's permanent record. Then if something ever comes up they can't say they "didn't know". This is what I did when I gave them outside assessments and they just tried to blow them off. I sent them to the school AND the special ed department with a cover letter and I sent them return receipt. (don't ever send registered or certified though) ne From: Carolyn Weisbard <ccweisbard@...>Subject: Re: ( ) CSE to determine if kid can have OT eval? Date: Friday, February 18, 2011, 4:15 PM , if you are unable to attend at that time, then they have to schedule a time that will work for ya'll, if only just to have you on speaker phone. You have a right to be included in all meetings.... Carolyn ps... I thought they had to do an eval if the parent insisted on it, even if the "screening" ruled out issues, it worked that way for my daughter.... From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:38:10 AMSubject: ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that therewill be a CSE meeting on March 16th to decide if my daughter can havean OT evaluation. She already had a screening and the OT said 'no' tothe evaluation. So, I requested an IEE and they have denied thatbecause they haven't done an OT eval. Fine that's the law. I THOUGHTthat I had the right to the OT eval but now I'm thinking that I justhave the right to an "initial" evaluation which she doesn't need...she already has an IEP, diagnosis, etc.I already told them that we could not attend the meeting in my lastletter due to our obligations (i'm sick and hubby works) and that wereally didn't have to because we have the right to an IEE withoutexplanation (even though I gave them one in the letters). I could goto the meeting but it seems just too much. Is this really necessary?They are going to say NO it's just so obvious. But I can't let themmeet without us there!Opinions please?? I can't find any specific info in the law on this,only on initial evaluations! in NY6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 18, 2011 Report Share Posted February 18, 2011 I am not sure, I know they have to do an initial eval, and it is in their best interest to involve all aspects that could be affected. If it were to go to due process then they could really be out some money. Sometimes I wonder if it isn't them testing us as parents to see how persistent we will be. Is there any way you can hire an advocate to go to the meeting for you?? That has been our best situation, and I haven't had to worry that they were going to attack me personally (which they did already once) since I hired her.... Carolyn From: <jenuhferr@...>" " < >Sent: Fri, February 18, 2011 4:28:28 PMSubject: Re: ( ) CSE to determine if kid can have OT eval? I have another thread going on about this... Basically I can't find it in the law where it says they are REQUIRED to do an OT eval. An initial eval (to determine if there are special needs) IS required from what I've read. Please if someone knows how I can find out one way or the other and where it is in the law that would be great. I've gone through my slaw books and their site and also other sites with no luck! in NY On Feb 18, 2011, at 4:15 PM, Carolyn Weisbard <ccweisbard@...> wrote: , if you are unable to attend at that time, then they have to schedule a time that will work for ya'll, if only just to have you on speaker phone. You have a right to be included in all meetings.... Carolyn ps... I thought they had to do an eval if the parent insisted on it, even if the "screening" ruled out issues, it worked that way for my daughter.... From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:38:10 AMSubject: ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that therewill be a CSE meeting on March 16th to decide if my daughter can havean OT evaluation. She already had a screening and the OT said 'no' tothe evaluation. So, I requested an IEE and they have denied thatbecause they haven't done an OT eval. Fine that's the law. I THOUGHTthat I had the right to the OT eval but now I'm thinking that I justhave the right to an "initial" evaluation which she doesn't need...she already has an IEP, diagnosis, etc.I already told them that we could not attend the meeting in my lastletter due to our obligations (i'm sick and hubby works) and that wereally didn't have to because we have the right to an IEE withoutexplanation (even though I gave them one in the letters). I could goto the meeting but it seems just too much. Is this really necessary?They are going to say NO it's just so obvious. But I can't let themmeet without us there!Opinions please?? I can't find any specific info in the law on this,only on initial evaluations! in NY6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 18, 2011 Report Share Posted February 18, 2011 Hi , I found a bit of stuff here/there, will put below. Some of it is just to maybe help give you some ideas towards arguing your side of it, for getting the eval if they refuse, found at some school websites. ---- What happens if the school decides not to evaluate? If the decision is not to evaluate, you must be given: u a written notice ( " prior written notice " ) of the decision; u a full explanation of the reasons for the decision not to evaluate; and u an explanation of procedural safeguards, including your right to challenge the decision through an opportunity to request mediation and/or a due process hearing. http://www.doe.virginia.gov/special_ed/parents/parents_guide.pdf **** Special education law applies only to problems identified that interfere with the student's ability to participate in his or her school program. The OT evaluation must address educational reason(s) for referral. The OT evaluation typically utilizes a combination of observation, standardized testing, and non-standardized testing, to assess all areas of concern related to the student's performance in school. The results of the OT evaluation are used in conjunction with information from other team members to assist the team in determining eligibility and, if eligible, in developing the IEP. http://publicschoolot.com/sped-process/evaluation/126-the-occupational-therapy-e\ valuation ***** http://www.greenville.k12.sc.us/child/Child%20Find/Child%20Find%20Flyer.pdf I would argue all the ways he needs help and how it affects him educationally. Pretty much what above all says. We had an OT eval in elem school and OT felt my son didn't need it, that he had adapted pretty well, blah, blah. I really wish I'd pushed for it, disagreed, argued.... > > I have another thread going on about this... Basically I can't find it in the law where it says they are REQUIRED to do an OT eval. An initial eval (to determine if there are special needs) IS required from what I've read. Please if someone knows how I can find out one way or the other and where it is in the law that would be great. I've gone through my slaw books and their site and also other sites with no luck! > > in NY > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 18, 2011 Report Share Posted February 18, 2011 They have not done an OT eval yet so I have no right to an IEE. I need to find out if they are required to do the OT eval. They were smart and just did a screening! I didn't realize what they were doing.So far I have a note from one of her doctors and will probably get a note from another this week. But I know that the burden will be on me to prove that her issues get in the way of her learning. The screening they did acknowledged fine motor issues ans sensory issues and recommended various exercises and a couple of things for the classroom for the sensory. I hate having my persistence tested. I'll always ace the test though. in NY6yo Aspie girlPS i have scoured my slaw books and the web site and other websites. I'll keep looking.On Feb 18, 2011, at 5:40 PM, susanne hansen <s_hansen34@...> wrote: , You should contact an advocacy agency right away. You can request an IEE if you do not agree with the results of the one the school did. They can TRY to deny you but then you have a right to request mediation on it or due process so most of the time they won't deny it because it is cheaper than a due process. You should go on wrightslaw.com and read about your rights before you get hosed. The school must consider your outside evaluations and assessment but if they don't you can send them to the school with a cover letter and request that the IEP team review the documents you sent prior to your meeting and that you want them placed in your child's permanent record. Then if something ever comes up they can't say they "didn't know". This is what I did when I gave them outside assessments and they just tried to blow them off. I sent them to the school AND the special ed department with a cover letter and I sent them return receipt. (don't ever send registered or certified though) ne From: Carolyn Weisbard <ccweisbard@...>Subject: Re: ( ) CSE to determine if kid can have OT eval? Date: Friday, February 18, 2011, 4:15 PM , if you are unable to attend at that time, then they have to schedule a time that will work for ya'll, if only just to have you on speaker phone. You have a right to be included in all meetings.... Carolyn ps... I thought they had to do an eval if the parent insisted on it, even if the "screening" ruled out issues, it worked that way for my daughter.... From: Holmes <jenuhferr@...> Sent: Fri, February 18, 2011 11:38:10 AMSubject: ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that therewill be a CSE meeting on March 16th to decide if my daughter can havean OT evaluation. She already had a screening and the OT said 'no' tothe evaluation. So, I requested an IEE and they have denied thatbecause they haven't done an OT eval. Fine that's the law. I THOUGHTthat I had the right to the OT eval but now I'm thinking that I justhave the right to an "initial" evaluation which she doesn't need...she already has an IEP, diagnosis, etc.I already told them that we could not attend the meeting in my lastletter due to our obligations (i'm sick and hubby works) and that wereally didn't have to because we have the right to an IEE withoutexplanation (even though I gave them one in the letters). I could goto the meeting but it seems just too much. Is this really necessary?They are going to say NO it's just so obvious. But I can't let themmeet without us there!Opinions please?? I can't find any specific info in the law on this,only on initial evaluations! in NY6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 22, 2011 Report Share Posted February 22, 2011 The initial evaluation should have included "all" areas of suspected disability. It appears that the school OT screened her and decided she didn't need an OT eval as part of her MFE. This is when you request a "prior written notice" from them that outlines why they are denying the OT and what was considered in making this decision. Did you get anything in writing regarding the OT? If not, I would write a letter briefly recounting what was done (a screening, refusal to do an eval, no prior written notice given.) Now it seems like they want to reconsider doing an eval? I'd let them reconsider doing an eval as they already know you plan to get an IEE if they refuse. They may just do one after all. If they refuse, you need to get the PWN in writing and then disagree with it and request an IEE. If you really can't attend the meeting, you can ask to have it rescheduled to a time you can attend it. If you can't attend, you can send someone else in your place, ask to have a phone meeting (conference call) or you can write down your concerns and send them in. I wouldn't want them to meet to discuss this without me either, if it were my kid. So at least ask to have a conference call if you can. Roxanna “Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr. ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that there will be a CSE meeting on March 16th to decide if my daughter can have an OT evaluation. She already had a screening and the OT said 'no' to the evaluation. So, I requested an IEE and they have denied that because they haven't done an OT eval. Fine that's the law. I THOUGHT that I had the right to the OT eval but now I'm thinking that I just have the right to an "initial" evaluation which she doesn't need... she already has an IEP, diagnosis, etc. I already told them that we could not attend the meeting in my last letter due to our obligations (i'm sick and hubby works) and that we really didn't have to because we have the right to an IEE without explanation (even though I gave them one in the letters). I could go to the meeting but it seems just too much. Is this really necessary? They are going to say NO it's just so obvious. But I can't let them meet without us there! Opinions please?? I can't find any specific info in the law on this, only on initial evaluations! in NY 6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 23, 2011 Report Share Posted February 23, 2011 OT evals were donw when she was in EI and then preschool and she was getting OT. Two years ago they did an eval and discontinued it. The time limit for an IEE is 16 months so I missed that.There's a meeting coming up but they don't realize that she has had OT in the past at this point. So, this is asking for a RE-evaluation. Not sure if that increases the pressure on them or not...6yo AspieOn Feb 22, 2011, at 11:30 PM, Roxanna <MadIdeas@...> wrote: The initial evaluation should have included "all" areas of suspected disability. It appears that the school OT screened her and decided she didn't need an OT eval as part of her MFE. This is when you request a "prior written notice" from them that outlines why they are denying the OT and what was considered in making this decision. Did you get anything in writing regarding the OT? If not, I would write a letter briefly recounting what was done (a screening, refusal to do an eval, no prior written notice given.) Now it seems like they want to reconsider doing an eval? I'd let them reconsider doing an eval as they already know you plan to get an IEE if they refuse. They may just do one after all. If they refuse, you need to get the PWN in writing and then disagree with it and request an IEE. If you really can't attend the meeting, you can ask to have it rescheduled to a time you can attend it. If you can't attend, you can send someone else in your place, ask to have a phone meeting (conference call) or you can write down your concerns and send them in. I wouldn't want them to meet to discuss this without me either, if it were my kid. So at least ask to have a conference call if you can. Roxanna “Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr. ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that there will be a CSE meeting on March 16th to decide if my daughter can have an OT evaluation. She already had a screening and the OT said 'no' to the evaluation. So, I requested an IEE and they have denied that because they haven't done an OT eval. Fine that's the law. I THOUGHT that I had the right to the OT eval but now I'm thinking that I just have the right to an "initial" evaluation which she doesn't need... she already has an IEP, diagnosis, etc. I already told them that we could not attend the meeting in my last letter due to our obligations (i'm sick and hubby works) and that we really didn't have to because we have the right to an IEE without explanation (even though I gave them one in the letters). I could go to the meeting but it seems just too much. Is this really necessary? They are going to say NO it's just so obvious. But I can't let them meet without us there! Opinions please?? I can't find any specific info in the law on this, only on initial evaluations! in NY 6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 1, 2011 Report Share Posted March 1, 2011 The law requires that they do an evaluation in all areas of suspected disability. Roxanna “Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr. ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that there will be a CSE meeting on March 16th to decide if my daughter can have an OT evaluation. She already had a screening and the OT said 'no' to the evaluation. So, I requested an IEE and they have denied that because they haven't done an OT eval. Fine that's the law. I THOUGHT that I had the right to the OT eval but now I'm thinking that I just have the right to an "initial" evaluation which she doesn't need... she already has an IEP, diagnosis, etc. I already told them that we could not attend the meeting in my last letter due to our obligations (i'm sick and hubby works) and that we really didn't have to because we have the right to an IEE without explanation (even though I gave them one in the letters). I could go to the meeting but it seems just too much. Is this really necessary? They are going to say NO it's just so obvious. But I can't let them meet without us there! Opinions please?? I can't find any specific info in the law on this, only on initial evaluations! in NY 6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 1, 2011 Report Share Posted March 1, 2011 If their own screening noted problems, then I would use that as the data to request a full OT evaluation. You need to try to reverse gears with the school. You are trying to prove they have to do things instead of having them prove they don't. Ask them to show you where it says they don't have to do an OT eval, for instance, instead of you trying to find proof that they do. IF they actually give you an answer, ask for it in writing. And use their own data - they did a screening that showed problems. You need a more in depth eval at this point to outline what these problems are and how they are affecting her/how severe they are. You don't have to, in effect, do the eval for them....figure out what OT problems she has and how they affect her. That is doing the eval for them minus the official data. Once you get the eval, you can then go through and say, "This affects her because..." using the data provided. Also, if they refuse to do the eval at all, you need that in writing - a prior written notice. Then you can certainly disagree and request an IEE at their expense. Roxanna “Our lives begin to end the day we become silent about things that matter.†- Luther King, Jr. ( ) CSE to determine if kid can have OT eval? I just got a letter from the CSE chairperson and she says that there will be a CSE meeting on March 16th to decide if my daughter can have an OT evaluation. She already had a screening and the OT said 'no' to the evaluation. So, I requested an IEE and they have denied that because they haven't done an OT eval. Fine that's the law. I THOUGHT that I had the right to the OT eval but now I'm thinking that I just have the right to an "initial" evaluation which she doesn't need... she already has an IEP, diagnosis, etc. I already told them that we could not attend the meeting in my last letter due to our obligations (i'm sick and hubby works) and that we really didn't have to because we have the right to an IEE without explanation (even though I gave them one in the letters). I could go to the meeting but it seems just too much. Is this really necessary? They are going to say NO it's just so obvious. But I can't let them meet without us there! Opinions please?? I can't find any specific info in the law on this, only on initial evaluations! in NY 6yo Aspie girl Quote Link to comment Share on other sites More sharing options...
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