Refusal of IEE by district......

While battling over your child’s eligibility for special ed why not present a medical diagnosis and call a 504 meeting? Maybe you can get services this way? Sounds strange that they are willing to take you to due process over an IEE. I would think most districts would not bother going through the expense only to have another eval. possibly ordered.

If you have all your documentation, and I suspect that you do:), then I would go to the hearing- with a lawyer if I could not find an advocate. The district may be correct in it’s assertion that your son does not require services- I have no way of knowing that- but the procedural violations here are huge.

Regarding their refusal to evaluate- in order for this decision to fly they have to demonstrate , in a hearing, that the evaluation they conducted met the criteria for appropriateness. The wording is:

(b) Parental Right to an evaluation at public expense

(1) A parent has a right to an independant Evaluation at public expense if the parent disagrees with an evaluation obtained by the school district.

(2) If a parent requests an evaluation at public expense, the school district must, without unnecessary delay, either-

(i) initiate a hearing to show that it’s evaluation is appropriate; or
(ii)Ensure that an independant educational evaluation is provided at public expense unless the school district demonstrates in a hearing that the evaluation provided by the parent did not meet school district criteria.

There is more, (lots) but the crux is that the burden of proof is on the district and clearly they are feeling that their assessment will hold up as valid. And it may, unless you have another assessment that says differently. Sit down with your current copy of the parental rights- which is where I quoted this from- and delineate that procedural violations with regard to notice etc. From what I recall of your other posts these are possibly a bigger issue. With regard to railroading- that may well be true- but right now it looks like they are following the law as it is written about their right to refuse. It is unpleasant and adversarial but legitimate.

Robin

Tink,

Robin is hitting the nail on the head. I would still reiterate that if the district is taking you to hearing, you say they are initiating the process, then they hold the burden for proving their “issue(s)”.

This also means if they are using an attorney, they must provide you with equal representation for your child (I am pretty darn certain of this).

Also, as Robin suggests, follow through with the hearing. I am hard headed enough to consider doing so without representation if need be. I would be screaming bloody murder about how stressful this is that the district is putting this much pressure on you regarding their refusal to comply with the law; and then be real clear with the issues that you will raise as specified by Robin and further.

I would cc copies to Brad Dacus at the Pacific Justice Institute and to the school board as well.

Make a strong point of putting your “Issues” on record at the hearing and be very specific about the procedural failures of the district. List everything and take a deep breath, hold your ground and see what happens. If it gets to be too much at the hearing, you can submit a request to withdraw WITHOUT PREJUDICE due to the stressful nature of the event. Your district will move to make it WITH PREJUDICE (which means they will try to stop you from coming back at them over the subject matter). I presume this would be very tough for them to fight as they are the ones calling the hearing, not you.

I am sorry I didn’t post sooner, but having troubles with the computer these days… I really hope this gets to you in time.

Hang in there if you can, call the bluff.

Andy

ps/ if you opt out, no one will think any less of you, don’t worry or appologize; we, at least I, understand, ok?

hey, don’t worry your post got to me in time (o: And thanks for the PS, it’s nice to know that there are others that have “been there, done that”. Talked with a lawyer friend of mine last night, along with a couple of advocate programs and still haven’t made up my mind, but must do so this morning. I can’t help but feel (one of those gut things I never listen too, and am sorry I didn’t *s*) that in this instance it might be advantagious to lose the battle if I want to win the war. If I let the iEE go and get it done myself I believe two things. 1. The district will think I have been silenced and let down their gaurd (yes, they are that stupid) and 2. It will give me the time that i need to put together not only the state complaint but a challenge to their placement of my son in regular education that could quite possible plant them on their sorry butts and keep them there. As you know my biggest concern is channeling my emotional and physical energys into the most productive places, and right now I have a 5 year old boy who will start Kindergarten in 4 weeks and he can’t visually recognize any letters in the alphabet. Time to pull out the flashcards (o: So here is my question… If I opt out of the request for an IEE now is there anything special I need to do? Do I need to use the “without prejudice”? Or am I safe to procede with other avenues in regards to the violations?
Anyhow….thanks for the shoulders to lean on and for the understanding hearts, it means alot.

It sounds like your son needs to be tested for learning disabilities as well as speech. If you have not requested them to test for LD I don’t think they can be held responsible for not doing the testing themselves. Just a thought.

Helen

Hey Tink,

At the very least, if you are going to withdraw and follow gut instinct… at the very least, send a well documented letter (certified mail, of course) stating that the prospect of going to hearing with the district unrepresented, on such short notice is simply too stressful for you and your family. Be specific, state only facts, and lay out the framework for something to draw to at a later date that is well documented, dated and issue specific. Particularly about the bullying (without calling it that) regarding their calling you to hearing to dispute your request for an IEE. Don’t give them more than what they need, just document it and request a response in writing. I would always suggest you follow your gut instincts and don’t make important decisions when emotions are running hot and high.

best regards,

Andy

OMG Tink,just read this. Sorry,been working on getting my kids to the Peru.
Definitely go through with the DP. Betcha they are still calling your bluff,and will setlle before you get there. Dumb A****es. Have you considered Inviting others to the hearing? You can request a Public hearing,and invite ANYONE and Everyone you can think of, including the Media. Yes, they should ask you at the hearing,if not tell them before it starts. Good L:uck,and I am so sorry,I hope I am not too late. You have my e-mail? Go to my site,you can e-mail me through there. Http://specialedmom.homestead.com/index.html

okay,started reading the other post. Yes,you can opt out,obtain your IEE,and file a State complaint. The only thing you might run into is the district disputing your eval results. Then it starts all over again. BUT,Tink again you have the right to a State complaint,and a Civil rights complaint. You always have this right.