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! 

The IDEA defines assistive technology (AT) device as any item, piece of equipment, or product system that is used to increase, maintain or improve “functional capabilities” of a child with a disability. An assistive technology service is any service that directly assists a child in selecting, acquiring or using an assistive technology device. The AT service includes evaluation, purchase, selection, designing, fitting, customizing, adapting, maintaining, and repairing of AT devices.

Many people think of AT as a device or service used by someone with a physical disability or communication deficits. AT, however, can be an instructional support to assist in communication, mobility, controlling parts of their environment, activities of daily living, education, and employment. Areas affected could be: communication (oral or written), visual access, auditory access, organization, memory, reading, writing, note taking, test taking, and homework. These “functional capabilities” can include many areas in your child’s IEP. For example, a student with Autism may benefit using AT for communication or social skills. Or, a child with an intellectual disability may benefit using a certain computer program which teaches math skills or spelling. It is important to ask your team what assistive technology your child may need to improve his or her functional capabilities.

Did you know that Assistive Technology devices and services must be considered during the development, review, and revision of the IEP? The needs of your child must be determined on an individual basis. If a student is found to need special education and related services, then he or she is entitled to an individual evaluation for possible AT devices. School Districts may tell a parent “we do not have that AT here,” or “we cannot buy that.” Hearing these statements (regarding any special education topic related to your child) should cause concern! I’ll repeat: The needs of your child must be determined on an individual basis. Ask to see any documentation or policy that supports the assertions. In addition, if you have been using an AT device, for example, through private tutoring or in your home, provide the Team with all documentation and data! Graph the data to show your child’s progress. Input from you is just as important as input of school district personnel. If the school disagrees with requests or information, the school district is required to offer you cogent and reasonable explanations for their decisions that show the IEP as written is reasonably calculated to enable your child to make progress “appropriate in light of his or her circumstances.” A lack of progress should lead to further evaluation to determine why your child is not making progress. Remember - the IEP must be based on an individualized evaluation of your child’s potential for growth, and your school has an obligation to inform themselves about this potential, not just your child’s present levels!

Thursday's TIP: * PARENT CONSENT *

A quick bullet list for parents! Every school must get informed *written* parental consent as follows:

• Before conducting an initial evaluation. School cannot conduct an initial evaluation of a student to determine whether he/she is eligible to receive special education and/or related services without first obtaining parent consent. If your student is referred for an evaluation, the school must ask for parent consent to the evaluation within five school days. 

• Before school can provide special education and related services to your child for the first time (once determined eligible for by the IEP team)

• Before making an initial placement of your child in a special education program.

• Before conducting a reevaluation of your child

• Before changing services for your child

• Before changing your child’s placement 

• Before initiating extended evaluation services

• Before the excusal of an IEP team member