My daughter was receiving an IEP while she was in first grade through fourth grade. When she was re-evaluated in the fourth grade, she tested in the average and was taken out of special education. this current school year is her first without an IEP. She is still receiving Title 1 services. However, she is failing math and I just yesterday received a letter stating she has to go to summer school for math and pass the course in order to be promoted to sixth grade. Meaning they could retain her if she doesn't pass and I don't believe she will without the extra help. I was devastated when she was taken out of sped because I was fearfull that the only reason she tested in the average was because she was receiving the sped services. I am going to call the school this week to set an appt. to talk with them about having her re-evaluated again to see if she can be put back on an IEP. I was wondering what my legal rights as a parent are to have the school re-evaluate my daughter for sped.
Submitted by dillonkl on Sun, 05/24/2009 - 15:55
Editor's Response
Sorry about your situation. I believe you can request a re-evaluation at any time. If you disagree with the school district's evaluation, you can also seek an Independent Education Evaluation (IEE), and-in some cases-the district is required to pay for the IEE. Not sure how much you know about this process, but a good place to find general information is the Notice of Procedural Safeguards published by the Massachusetts Department of Education. You can read a copy here: http://www.doe.mass.edu/sped/prb/ This site also contains a lot of other useful information, including some forms and contact information. Good luck, and please tell your friends about The Forum.
IEP re-evaluations
Even if a child is making effective progress that does not mean that they can be denied an IEP. I would go and ask for another TEAM meeting to review the evaluations and the problem in math. You can also have your own evaluation done and the District may have to pay. I would have a neuropsych evaluation done at New England Medical Center/Floating for children. That will pinpoint your child's disability and give suggestions for supports. A neuropsych is one of the best ways to combat the District.
I am a special ed attorney and a parent of children with special needs.