Link to IDEA text

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iVillage Member
Registered: 03-31-2003
Link to IDEA text
4
Mon, 08-21-2006 - 1:17am

There was a post earlier where we talked a bit about the IDEA law regarding IEPs, evaluations, and such. I hope this is useful to someone.

Here's a link to the text of IDEA, the part about evaluations and IEPs, etc. I know there is stuff in there about initiating an evaluation, but I'm a bit too sleepy to try to find it exactly. For some reason, it doesn't look quite like I remembered it.

http://thomas.loc.gov/cgi-bin/query/F?c108:1:./temp/~c108oFD2Hm:e177714:

There is also a site called www.wrightslaw.org, which talks about this stuff.

Evelyn

iVillage Member
Registered: 11-07-2004
Mon, 08-21-2006 - 9:19am
The first link you provided doesn't work. I was just getting ready to post asking for help in finding the specific law with regard to my situation. I have looked on Wrights law and several places and can't seem to find what I am looking for. I wanted to send a letter to the school letting them know that the classroom intervention isn't what we want and we want the evaluation process to begin. I would like to include the law in the letter so they know that I am informed. However, I am not having much luck with finding it.
iVillage Member
Registered: 04-11-2003
Mon, 08-21-2006 - 9:58am

This talks about pre-referral services, what your school wants to provide. http://www.ncld.org/content/view/901/456085/

Here is the part about requesting an evaluation for special education and related services http://www.ncld.org/content/view/904/456088/

If after the school recieves your letter stating you are waiving the 45 day intervention, stating your reasons why (already has a diagnosis, requires OT services), if they still insist they have to do the intervention first ask for Prior Written Notice of their refusal.

Prior Written Notice: If the school decides that there is not enough evidence of a "suspected disability" and, therefore, denies your request for an evaluation, the school must provide you with a written notice of its decision. Known as Prior Written Notice, this notice must include:

A description of the action proposed or refused by the district
An explanation of why the district proposes or refuses to take the action and a description of all student information used as a basis for the decision
A statement that the parents have protection under the Procedural Safeguards (as described in Chapter 4: Procedural Safeguards)
Sources for parents to contact or to obtain assistance in understanding the various provisions of their rights under IDEA
A description of other options considered and the reason why those options were rejected
A description of the factors that impacted the district’s proposal or refusal
At that point, you may go forward with your right to challenge the district's decision. Options to resolve disputes between parents and schools under IDEA are covered in Chapter 11: Dispute Resolution Options. (http://www.ncld.org/content/view/925/456088/)

Just thought I'd let you know my sister went through this last yr. She requested an eval, they said they'd do the intervention first. She sent a letter stating she was waiving it and to start the evaluation and they did without further comment.

Good Luck,
Samantha

Samantha
iVillage Member
Registered: 11-07-2004
Mon, 08-21-2006 - 11:22am

Thank you so much. How does this letter sound to you?

August 21, 2006

Dear Ms. Hernandez:

Thank you for calling me on August 16, 2006 and confirming your receipt of my request to have R evaluated for special services at L Elementary. I appreciate you taking the time to explain the process to me and what the school’s next step will be.

I am hereby waiving the STAT classroom intervention process. I would like to have R evaluated as soon as possible by the school. The reason for this request is due to the fact that my son has been diagnosed with Asperger’s Syndrome- an autistic disability and it is obvious that he needs special assistance. I do not want to waste precious time in the 45 day intervention and then wait for the evaluation and the IEP meetings and so forth. All of these steps take much time and eat up the success potential R has for the school year. Time is of the essence.

Please forward me any consent forms you may need to expedite the evaluation process. In conclusion, I do realize this is our right under the IDEA law to waive this classroom intervention and proceed directly to the evaluation process.

Thank you for your time.

iVillage Member
Registered: 04-11-2003
Mon, 08-21-2006 - 5:25pm

Your letter sounds good. I would change the first sentence to "Thank you for calling me on August 16, 2006 and confirming your receipt of my request to have R evaluated for special education and related services at L Elementary." I'd attach that initial letter with this one. I would change the part about needing services to "The reason for this request is due to the fact that my son has been diagnosed with Asperger’s Syndrome- an autistic disability and it is obvious that he needs special education related services to access FAPE."

Samantha

Samantha