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Leonard Said:Possible learning disability in 7yr. old.?
We Answered:That school, as with most of them, is violating so many federal laws it ain't even funny.
1. They are to 'find and evaluate' ALL children suspected of having disabilities to determine if child qualifies for help thru special ed. They didn't do this, so this is a federal violation of IDEA law.
2. They are to do specific tests. They KNOW which tests to do.
3. Schools can't test for ADHD. This is illegal. Only a qualified dr. can test for this.
4. The disability she might have is 'dysgraphia'.
5. Parent needs to write a letter to special ed director requesting an eval to be done to see if child qualifies for special ed services. Even if they already said they can't, they will change their minds once they get this request in writing. If they still say no, parent can then file formal state complaint because school CAN"T refuse to do the eval.
Now, schools do NOT do evaluations 'just to see' what the childs diagnosis is. They only do evals to see if child qualifies for special ed services.
Below is how the letter should be. It has to be in specific terms. If it's not, they will blow you off -
Dear sped director,
The purpose of this letter is to request a full educational evaluation to determine special education eligibility for my child, NAME, who attends NAME OF SCHOOL.
As I understand my rights under IDEA, the district will have 60 days to complete this evaluation and meet to decide eligibility for my child.
(IF YOU HAVE BEEN TOLD YOUR CHILD MUST GO THROUGH RTI (response to intervention) FIRST, INCLUDE THE FOLLOWING PARAGRAPH):
Although the district has begun the RTI process for my child, it is my understanding that per IDEA, my request for a full educational evaluation cannot be delayed due to my child’s participation in the RTI process. The two processes may be conducted simultaneously.
Please consider this letter my consent to evaluate, however, if there are additional consent forms that require my/our signature, please provide them within seven days.
I am also requesting a copy of the evaluation report with all scores included at least 3 days before the eligibility IEP meeting so I can prepare to be an informed member of the IEP team as required by IDEA law.
I/we look forward to working with the district to provide FAPE for NAME.
Please respond with seven days and please place a copy of this letter in NAME’s permanent educational file.
Keep a copy of this letter for yourself and be sure to date the top of it!! If you need any help please email me [email protected]