Due Process - what did your evals look like

IDEA and New Jersey Special Education code states that the parents have the right to request independent evaluations. My child was classified as OHI do to ADHD. I made my request way back in December at the eligibility meeting. The district wrote me one sentence saying that the evaluations they performed were appropriate they were done according to code. Months went by and I filed a complaint and the district was found to be non-compliant. The state instructed them to proceed with due process.

I imagine that the district has to prove that their evaluations were fine. I objected to a student interview conducted over the phone – that consisted of just 5 questions – 3 of which the child did not respond to. There was a functional analysis of behavior that consisted of one narrative paragraph. “Student sits in room. Student gets back test paper. etc.” and an analysis of a work sample – which was never provided to us – the school psychologist who did the observation said that the student’s handwriting was legible and he got a good grade. Oh by the way this narrative and analysis of work sample were also supposed to cover a social emotional assessment. That’s it – no analysis of data, no recommendations – nothing. The district accepted my independent psych and academic assessments.

The LDTC never did an assessment and never provided the CST with a written report. There are no recommendations in any of the reports. Frankly I am baffled about the child being classified as 2 member of the CST state in letters and reports that there is no adverse academic impact because the child is making average to above average grades.They (They use this line to tell me that she does not qualify for assitive technology too)

I’ll be going to this due process without an attorney – If I had money for an attorney I’d use it to pay for evaluations myself. I have so much baggage with these people that I am having a hard time sorting it all out. Any advice is appreciated.

Perhaps your NJ readers can answer a question for me. Why is it that a classified student enrolled in the general curriculum and goes to classes with in class special Ed support does not have to have measurable goals and objective written into their IEP? The state mediator said that this is correct and frankly I don’t understand – don’t Federal regulations supercede state regulations?

Thanks for your help - I would really like to know what a real functional analysis of behavior looks like.