Thursday, March 3, 2011

What Do I Do if the District Uses an Inappropriate Evaluator?

I went to an initial IEP recently in which the district had the psychologist/autism expert do assessments in all areas except for physical health which was done by the school nurse. Areas that were checked off as being assessed by the school psychologist included speech and language, motor development, and self-help/adaptive.  The parents asked the district about whether or not these should be done by PT, OT, or SLPs and were told not to worry about it.  Now, there were no formal assessments completed, obviously because the person doing them wasn't qualified to do a formal assessment.  Her conclusions were that the child needed no designated services.  She also stated that therapists come to the classroom and assist the teacher and aides to help the children with speech and fine motor issues that may arise.

Now the parents want a REAL evaluation.  The district tells them they must write a letter and request that the district do an evaluation.  But their assessment plan clearly states that they will be doing those assessments.  Is it the parents' or the child's fault that the district used inappropriate personnel to do the assessments in the first place?  Should they give the district another 15 days to get the assessment plan signed, 60 days to complete an evaluation, and another 30 days to hold an IEP?  Clearly the answer is NO.  The district had their opportunity, chose to do an inappropriate assessment, and now wants to waste more time.  The parents have every right to request an IEE at public expense.  If the district chooses to take them to due process rather than pay for the IEE they have no case and could very well end up giving compensatory services.

Sadly, this first IEP is going to set up the relationship between the parent and the district for as long as the child is in the district.  I can think of no better way for the district to create mistrust between them and the parents and to set up a relationship that is contentious from the get go.  They have made it clear that they do not have the child's interest in mind and that they will do any underhanded thing to avoid doing the right thing. 

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