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Evaluation Sample letters

  Letter to request an initial school evaluation
   School refused to evaluate my child
   Letter to request an independent evaluation
   What the law says about requesting an independent evaluation (IEE),
     (or sometimes called private, or outside evaluation):
www.concordspedpac.org/RequestEval.htm


To request an independent evaluation (IEE), (or sometimes called private, or outside evaluation):

"Upon receipt of evaluation results, if the parent disagrees with an initial evaluation or re-evaluation completed by the school district, then the parent may request an independent evaluation."  28.05.
How much time do I have to request an independent evaluation?
A parent can still request that the school pays for Independent Education Evaluation (IEE), under federal law (34 C.F.R. sec. 300.502).


www.concordspedpac.org/RequestEval.htm#IEE

RTI is specifically for suspected SLD catagory and list sample of what conditions, diagnosis, etc. are typically covered under SLD. In addition to if a parent request full eval, the district must do it or provide PWN and/or due process. The district must evaluate b/c the child may have something not covered under SLD.

www.smc.edu/disabledstudent/Guide/spec4hid.htm


A specific learning disability is a disorder in one or more of the central nervous system processes involved in perceiving, understanding, and/or using concepts through verbal (spoken or written) language or nonverbal means. This disorder manifests itself with a deficit in one or more of the following areas: attention, reasoning, processing, memory, communication, reading, writing, spelling, calculation, coordination, social competence and emotional maturity.

US Dept of Ed IEP Guide
www.ed.gov/parents/needs/speced/iepguide/iepguide.pdf

PRIOR WRITTEN NOTICE (PWN) is a Powerful tool
community.greatschools.net/groups/11554/discussion/168191

Advocacy tips for parents
up.org/rights/advo-tips.pdf">www.listen-up.org/rights/advo-tips.pdf

Education Advocacy self-help
www.tourettesyndrome.net/Files/AdvocacyTutorial.pdf


Advocates Corner
up.org/rights/advocate.htm">www.listen-up.org/rights/advocate.htm

Comparison of I.D.E.A. (Individuals w/ Disabilities Education Act), Section 504 of the Rehabilitation Act, & A.D.A. (Americans w/ Disabilities Act)
www.umw.edu/disability/faq/documents/ComparisonofIDEA.pdf#search='comparison%20of%20IDEA%20504%20ADA'

US DEPARTMENT OF ED'S WEBSITES

No Child Left Behind
www.ed.gov/nclb/landing.jhtml

IDEA
www.ed.gov/policy/speced/guid/idea/idea2004.html

Office of Special Ed & Rehabilitation Services www.ed.gov/about/offices/list/osers/rsa/index.html

Office of Special Ed Programs
www.ed.gov/about/offices/list/osers/osep/index.html?src=mr

Guide to US Dept of Ed Programs (490 pages)
www.ed.gov/programs/gtep/gtep.pdf

Office for Civil Rights
Civil Rights of Students with Hidden Disabilities
www.ed.gov/about/offices/list/ocr/docs/hq5269.html

How to File a Discrimination Complaint w/ the Office for Civil Rights This is basically education complaints under; IDEA, Section 504 of Rehabilitation Act, and ADA  www.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt

Office for Civil Rights, U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-1100
(202) 245-6800; 1-800-421-3481
FAX: (202) 245-6840; E-mail: OCR@ed.gov
The Office for Civil Rights (OCR) enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education (ED). Discrimination on the bases of race, color, and national origin is prohibited by Title VI of the Civil Rights Act of 1964; sex discrimination is prohibited by Title IX of the Education Amendments of 1972; discrimination on the basis of disability is prohibited by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (Title II prohibits discrimination on the basis of disability by public entities, whether or not they receive federal financial assistance); and age discrimination is prohibited by the Age Discrimination Act of 1975.
These civil rights laws enforced by OCR extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries, and museums that receive federal financial assistance from ED. Programs or activities that receive ED funds must provide aids, benefits, or services in a nondiscriminatory manner. Such aids, benefits, or services may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing, and employment.

OTHER GREAT WEBSITES
www.ldonline.org
www.wrightslaw.com
www.reedmartin.com

Disability Simulation
This is how you can demonstrate to those "nonbelievers" the affects of your child's disability has on learning. This is a real eye opener, try it.
www.pbs.org/wgbh/misunderstoodminds/attention.html

How parents can respond to comments/questions in IEP or other Meetings
www.bridges4kids.org/IEP/Tips.html

Passing Grades, IQ Scores & Evaluations of Students with Learning Disabilities:
wrightslaw.com/info/elig.sld.osep.felton.htm

Wrights law - Tests and Measurements for the Parent, Teacher, Advocate & Attorney
www.wrightslaw.com/advoc/articles/tests_measurementspf.html

Body Language (in general)
www.deltabravo.net/custody/body.php

Body Language detecting lies
www.blifaloo.com/info/lies.php

IEP Humor schwablearningforumarchive.greatschools.net/thread/18357.html

Discussion Forums for Disabilities that affect learning and other problems
www.schwablearning.org/message_boards/index.asp?pg=1&sortBy=dDate#q1

Parent Training and Info Centers and Community Parent Resource Centers
www.taalliance.org/centers/
Click onto your region then it will show locations in your state.
Each state is home to at least one parent center. Parent centers serve families of children and young adults from birth to age 22 with all disabilities: physical, cognitive, emotional, and learning. They help families obtain appropriate education and services for their children with disabilities; work to improve education results for all children; train and inform parents and professionals on a variety of topics; resolve problems between families and schools or other agencies; and connect children with disabilities to community resources that address their needs. They have advocates, and advisors free of charge at these Centers.

Special Education Technical Assistance and Dissemination Network
www.ed.gov/parents/needs/speced/resources.html
www.kidsource.com/NICHCY/idea.disa.p.k12.3.1.html

  How do I receive an evaluation of my child?
There are at least two ways in which your child may be selected to receive an evaluation:
You may request that your child be evaluated. You can call or write to the Director of Special Education or the Principal of your child's school. If the school district suspects that your child has a disability, your child must be evaluated. If the school refuses to evaluate your child because it does not suspect that your child has a disability, you must be given a written notice of the refusal and a full explanation that explains the reasons for the refusal [Section 300.504(a)(2) and Section 300.505(a)(2)]. This notice must also give you a full explanation of the procedural safeguards available to parents under the Individuals with Disabilities Education Act, including your right to challenge the school district's refusal by requesting an impartial due process hearing [Section 300.505(a)(1)].
The school may initiate a request to evaluate your child. Based on a teacher's recommendation, or observations or results from tests given to all children in a particular grade, a school may recommend a child for further screening or assessment to determine if he or she needs special education and related services. If your child is thought to need further testing, the school must tell you. You, as a parent, must give written permission before the school can evaluate your child for the first time [Section 300.504(b)(1)].

It is important for you to know that the law requires that parents be notified in writing before the school district evaluates their child for the first time. All written communication from the school must be in a form that parents can understand (e.g., in their native language if they do not read English, or in the mode of communication normally used by the individual, such as Braille or large print). It must state the action that is proposed or refused; the reasons for the proposal or refusal; the evaluation procedures, tests, or records used to support the proposal or refusal; and an explanation of the parents' rights if they   should disagree with the suggested actions or refusal to act, as well as any other options the agency considered and the reasons why those options were rejected (Section 300.505). Parents must give their consent in writing before an initial evaluation can be conducted. It is important to know that school districts must have procedures by which they can override a parental refusal of consent, which they may use if they believe a child should be evaluated. These are discussed later in this News Digest.

www.eparent.com/education/idea03_09.htm

Helping Parents and Advocates Improve
Educational Results for Children with Disabilities
www.fape.org/


School Accommodations and Modifications
www.fape.org/pubs/FAPE-27.pdf


National Association of State Directors of Special Education, Inc.
Response to Intervention Blue Prints For Implementation; District Level
www.nasdse.org/Portals/0/DISTRICT.pdf

National Association of State Directors of Special Education, Inc.
www.nasdse.org/


NASDSE Resource Links
www.nasdse.org/ResourceLinks/tabid/59/Default.aspx


Publications
These publications are available in PDF format, most are also available in other languages.
www.fape.org/pubs/index.htm

.........................................................
IDEA 2004

>ALLIANCE ACTion Information Sheets

>Family-friendly handouts prepared by the Technical Assistance ALLIANCE for Parent Centers on IDEA 2004 and other related topics.

>IDEA 2004 Fact Sheets

>Fact sheets highlighting 2004 reauthorization changes to the Individuals with Disabilities Education Act.

.............................................................
IDEA 1997

>A History of the Families and Advocates Partnership for Education Project (FAPE)
English-Hmong Dictionary of Special Education
Special Education Evaluation

>Special Education Re-Evaluation

>Understanding the Special Education Process

>Assistive Technology for Infants and Toddlers

>1997 Individuals With Disabilities Education Act Amendments Increase Access to Technology for Students

>Facts-on-Hand Acronyms and Special Education

>Facts-on-Hand Acronyms and Agencies

>Facts-on-Hand Acronyms and Agencies - Spanish

>Facts-on-Hand Acronyms and the Law

>Research Brief Regional Intervention Program

>Promising Practices Teaching Students to Self-Manage Their Behavior

>Research Brief: School Wide Behavior Programs

>Facts-on-Hand Informed Parent Consent for Pre-School and School-Aged Children with Disabilities

>Facts-on-Hand Prior Written Notice

>Planning Your Child 's Individualized Education Program (IEP):Some Suggestions to Consider

>Research Brief Students ' Perceptions of Instruction in Inclusion Classrooms: Implications for Students with Learning Disabilities

>School Accommodations and Modifications

>Facts-on-Hand Third Party Payments

>Facts-on-Hand Related Services

>Facts-on-Hand Transportation

>Promising Practices Helping Your Child with Mnemonics

>Promising Practices Fluency: Helping Your Child Read and Understand

>Facts-on-Hand IEP Goals and Objectives

>Evaluation: What Does it Mean for Your Child?

>Simple, Inexpensive Devices Can Assist in Communication

>How Will I Know If My Child is Making Progress?

>Functional Behavioral Assessment and Positive Interventions: What Parents Need to Know

community.greatschools.net/groups/11554/discussion/168190
How to request the district to evaluate (not screen) your child...
How to request the district to evaluate (not screen) your child...


  ****IMPORTANT*****

First things first, there is a HUGE difference b/w screening a child for a disability and evaluating a child as defined and meeting the criteria set forth under the Individuals w/ Disabilities Education Act (federal law)!!!!

If the school offered to screen your child or said they have to be screened first, said your child wouldn't qualify, screened your child and said they didn't qualify, refused to evaluate for any reason, or has not evaluated or notified you they would be evaluating your child after you have requested your child to be evaluated for suspected disabilities that may affect learning, your school/district is in violation of your state laws, and federal laws.

The district has 60 days to complete and evaluation from the date of receiving a signed consent to evaluate your child. If they are in violation I would send them a letter (see sample) reminding them of their obligation under IDEA to evaluate, if they continue to be noncompliant then I would file a state and or federal complaint for noncompliance (federal complaints can be filed with the US Dept of Ed's Office for Civil Rights).
Send the letter certified return receipt mail addressed to the principal and cc: the district special ed dept.. Maybe start something like this;

Mr. & Mrs. Child's Parents
101 Spec Ed Lane
Anywhere, USA, 000000

School name
Attn: Principal (put principals name)
1000 school address
Anywhere, USA, 00000

CC: School District(put name of district), Dept of Special Ed
Attn: Pupil Appraisal Dept.
1000 School District Ave
Anywhere, USA, 00000

October 20th, 2006

Dear Principal (put name of principal),

I am requesting the district do full educational evaluation on my child, (write child's name), because I believe (child's name) has a disability that affects learning. Please ensure that the evaluation is fully compliant with the Individual's with Disabilities Improvement Act of 2004's standards.

Please do a comprehensive evaluation, that includes all aspects of learning including but not limited to all abilities and disabilities.

The following are specific areas that I suspect s/he may have a disability that affects learning, and I'm certain need to be evaluated. Please do not limit the evaluation to these areas though, as I wish to ensure we don't miss anything that may affect s/he ability to learn:

< Examples of areas that may be of concern to you that you may want to put here include but are not limited to some of the items/areas listed on the following websites:

www.ldonline.org/ldbasics/signs

www.ldanatl.org/aboutld/parents/ld_basics/sy
mptoms.asp

www.childdevelopmentinfo.com/learning/learni
ng_disabilities.shtml

If you believe you know which special ed disability category, you believe your child may fall under, you may also want to include it in your letter, such as;

The IDEA provides definitions of the 13 disability categories. These federal definitions guide how states define who is eligible for a free appropriate public education under IDEA. The definitions of disability terms are as follows:

1. Autism...
...means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects educational performance. Characteristics often associated with autism are engaging in repetitive activities and stereotyped movements, resistance to changes in daily routines or the environment, and unusual responses to sensory experiences. The term autism does not apply if the child's educational performance is adversely affected primarily because the child has emotional disturbance, as defined in #5 below.

A child who shows the characteristics of autism after age 3 could be diagnosed as having autism if the criteria above are satisfied.

2. Deaf-Blindness...
...means concomitant [simultaneous] hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

3. Deafness...
...means a hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

4. Emotional Disturbance...
...means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(c) Inappropriate types of behavior or feelings under normal circumstances.

(d) A general pervasive mood of unhappiness or depression.

(e) A tendency to develop physical symptoms or fears associated with personal or school problems.

The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.

5. Hearing Impairment...
...means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but is not included under the definition of 'deafness.'

6. Mental Retardation...
...means significantly sub-average general intellectual functioning, existing concurrently [at the same time] with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance.

7. Multiple Disabilities...
...means concomitant [simultaneous] impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.), the combination of which causes such severe educational needs that they cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness.

8. Orthopedic Impairment...
...means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly (e.g. clubfoot, absence of some member, etc.), impairments caused by disease (e.g. poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

9. Other Health Impairment...
...means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that'

(a) is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia; and

(b) adversely affects a child's educational performance.

10. Specific Learning Disability...
...means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental retardation; of emotional disturbance; or of environmental, cultural, or economic disadvantage.

11. Speech or Language Impairment...
...means a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a child's educational performance.

12. Traumatic Brain Injury...
...means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

13. Visual Impairment Including Blindness...
...means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.

This info was found on the following website:

home.hiwaay.net/~cja/disability_categori
es%20IDEA.htm

Please consider this request as my consent to evaluate (child's name). I look forward to working with you on this evaluation, and reviewing the results upon completion (sixty calendar days as per IDEIA '04 from receipt of this letter).

Thank you for your time, and have a great day!

Sincerely,

Mr./Mrs. (insert your name, then make sure to sign it underneath)

P.S.- Please reply to this request within ten calendar days of reciept so that I will know we have started the ball rolling.  

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