School's Legal Obligation to Evaluate

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Education Laws Regs, Violations, Info & Help

Do Schools Have Any Legal Obligation to Identify and Test Students?

www.wrightslaw.com/blog/?p=49

Wright’s Law Child Find Mandate

www.wrightslaw.com/info/child.find.mandate.htm

“Who is Covered by Child Find?

Schools are required to locate, identify and evaluate all children with disabilities from birth through age 21.

The Child Find mandate applies to all children who reside within a State, including children who attend private schools and public schools, highly mobile children, migrant children, homeless children, and children who are wards of the state. (20 U.S.C. 1412(a)(3))

This includes all children who are suspected of having a disability, including children who receive passing grades and are "advancing from grade to grade." (34 CFR 300.111(c)) The law does not require children to be "labeled" or classified by their disability. (20 U.S.C. 1412(a)(3)(B); 34 CFR 300.111(d)).”

Important note for parents, etc., requesting evaluations the clock does not run from the date of the request for the evaluation (clock on when they must have eval completed typically around 60 days, see below for individual state timelines), but instead, as the statute reads......

it begins to run upon “receiving parental consent for the evaluation.” In other words, have your written request also note that this letter is the consent for the evaluation. (And, if you did not do it in writing, it never happened!)

State Timelines for an Initial Evaluation Under the IDEA

www.wrightslaw.com/virginia/State_Eval_Time.pdf

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Parent Replies to "School's Legal Obligation to Evaluate "

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Link to my Yahoo Group named "Creative Tactics"
groups.yahoo.com/group/CreativeTactics/

Below is a link to a file I posted in Creative Tactics yahoo group. I was addressing my elected school board members at a public meeting (which are telivised on cable tv channel, lol) about injustices within the district as well as my request for certain services/instruction for my son. These services/instruction may also be of benifit to your child as well (that's why I'm posting the link). You may also want to consider the district paying for private tutoring, etc..

f1.grp.yahoofs.com/v1/wPEwSgwKAvMjEUHDCwdf14XIcpfrollNROO4_jFqfEtSgJvkDr-mpiROJVDF0ieIuQoZw95GtP9oaGmHU1wgPA/creative%20tactics%20yahoo%20STPSB%20meeting%20Comments.doc

Thanks a bunch. having that letter of request done over the summer sounds like a smart idea, why wait...good thinkin!

There is no other high school unfortunately, we house the surrounding towns for high school so the other option is parochial school and that's not going to work for us. Let me see what comes of that and I will get back to you on the next step.
Thanks a bunch!

Hi Rockland,
We are doing good, how about ya'll?

Oh does his story sound familiar.

Ammo, hmnnnn.......

When was he last evaluated? I'd start with requesting another eval ASAP (start your request over the summer, send it certified mail to the district spec ed office).

I'd go for a special ed classification b/c you have more rights and protection under IDEA (spec ed).

I wouldn't bother addressing these issues with any school staff (go above their heads) b/c it is apparent they aren't doing what they are supposed to or you wouldn't be here looking for answers/suggestions. They are incompetent and I would not let them have any say so regarding anything pertaining to educating your child.

If there are any other schools in the district that are performing better then I'd request they move him to that school immediately (they can provide transportation too). If not maybe they need to pay for some tutoring and/or a private school.

After all that we can work on the rest of the game plan. I'm here whenever you need advice, although I certainly don't know everything, I do know some buttons that can be pushed to facilitate cooperation from the district (or at least most districts). Never use the words "Never" and "Always", lol. Hope I helped.

Greetings dear Schwabie! How are you and yours?

Thanks for the info!

This is what I plan to bring up next Fall when we have my 17 yr. old son's 504 meeting. He needs to be tested, no more playing around! I attempted to get his past high school to do testing but we moved and now his current high school, as of this year, did not know he had a 504 plan. He has been at this school for two years now and why his 504 got "lost" Jr. year when it was followed Sophomore year is way beyond me!
I am livid with this school...his report card for his final grades read 5 F's, 1 D, and 1 C. This has been problematic for years with little to no help. This current high school has failed to meet AYP for 4 years now and when I ask for help there is none and the electronic grading system should not be used as a substitute for communication for parent/teacher communications. How can teachers see that a child, even at 17, is failing and not contact or respond to parent communications????? I have his cumm. file, his current grades and the fact that they did not follow his 504 ALL YEAR as ammunition for next year's meeting.

Can you think of anything else I can use to spit fire at them? I have all summer to plan a wicked attack for this meeting...with a smile of course!

Peace

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