Independent Evaluations and the "Consider" factor

I have been contacted several times this week regarding Parents’ Independent Evaluations, so I wanted to shed some light on the topic. 

“Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate.” This is very simple. This means, ten schools days from receipt of report, the Team is *required by law* to reconvene, consider, and make an eligibility determination. The district cannot ignore this report and send you a consent form for their turn to evaluate, or tell you what they feel is “best,” or perhaps what they would like to do next and therefore, delay the determination of eligibility. Can the team request further evaluations? Yes (and, your consent to this is optional), but this consent does not negate their legal obligation to read, review, and appropriately agree/counter/or deny your proposals. Now, I want to repeat a word - the Team must meet and "consider" the evaluation results. The Team may meet, “consider,” and disagree with your report. However, by failing to meet and ignoring your report, they have essentially predetermined their rejection of the recommendations without a glance.

So, as a parent and EQUAL team member, what can you do? Leave little to question. Be proactive. How? Take this report from consideration mode to a proposal/s. Proposals require an answer. Put pen to paper and transform these recommendations into direct, concrete proposals prior to your meeting (in writing!). Next, request these proposals at your meeting triggering Prior Written Notice. Prior written notice must contain a comprehensive description of the action proposed (or refused) by the school system. According to IDEA, the notice must include:

1. a description of the action proposed or refused by the school;

2. an explanation of why the school proposes or refuses to take the action;

3. a description of each evaluation procedure, assessment, record, or report the school used as a basis for their decision;

4. a statement that the parents of a child with a disability have protection under the procedural safeguards and, how the parents can obtain a copy of them;

5. sources for parents to contact to obtain assistance in understanding these provisions;

6. a description of other options that the IEP Team considered and the reasons why those options were rejected; and

7. a description of other factors relevant to the school’s proposal or refusal.

The team must make a decision based on this evaluation. They can develop a full or partial IEP. If your child is found eligible, they are to immediately develop an IEP. Private evaluations can be extremely expensive. Don’t allow this resourceful, thorough document be ignored by the school. Please reach out if you have any questions regarding your rights!