We would like to meet with the Team chairperson before the testing begins so that we might share information about our child's name. Learn about the procedure and find out who will be doing the different testing. We would like a copy of the written reports from each tester so that we can review them before the Team meeting.
Or
I understand that I have to give my written permission for these tests to be done. I look forward to meeting with you and signing the proper forms. I would like these evaluations and Team meeting to be completed before the end of the school year.
Or
I will call you on (3 days from the date on this letter) to set up an appointment with the Team chair.
Thank you for your prompt consideration in this matter.
Sincerely,
sign and print your and
spouses name
c.c.
Jessica Murphy, Special Education
Director, Ripley Building,
120 Meriam Road, Concord, MA 01742
Your Classroom Teacher
Sample Letter to request an initial school evaluation from Additude magazine: Living Well with Attention Deficit:
"Request Accommodations for
ADHD Students: Use this letter to get school accommodations for ADHD students
or children with learning disabilities like dyslexia" by ADDitude Editors
(2004)
http://www.additudemag.com/adhd/article/792.html
HAVE YOU HAD DIFFICULTY GETTING SPECIAL EDUCATION TESTING FOR YOUR CHILD (or for a child you represent)?
State law requires school districts to proceed and conduct a special education evaluation within 30 days after a parent refers the child for testing.
School districts do not
have the option to refuse or delay testing
for any reason (i.e. pre-referral efforts, CAP plans, etc.).
Administrative Advisory SPED 2002-2:
Requirement to Review Refusals to Evaluate for Special
Education Eligibility
This is what the regulation states:
"Referral for Initial Evaluation.
A student may be referred for an evaluation by a parent or any
person in a care giving or professional position concerned with the
student's development."
28.04(1)
"When a student is referred for an evaluation to determine eligibility
for special education, the school district shall send written notice to
the child's
parent (s) within 5 school days of receipt of the referral." 28.04(a)
"Initial Evaluation. Upon consent of the parent, the school
district shall provide or arrange for the evaluation of the student by
a multidisciplinary team within thirty (30) school days. The
assessments used shall be adapted to the age of the student and all
testing shall meet the evaluation requirements set out in state and
federal law. The school district shall ensure that appropriately
credentialed and trained specialists administer all assessments."
28.04(2)
Massachusetts Advocacy
Center is representing children who have not
received special education evaluations after a referral has been made
by
parents.
If
you have referred your child for an evaluation, and the school district
has failed to proceed with testing, please call:
Johanne Pino
Massachusetts Advocacy Center
617-357-8431, x234.
email: pinoj@powerinter.net
To request an independent evaluation (IEE), (or sometimes called private, or outside evaluation):
"Upon receipt of
evaluation
results, if the parent disagrees with an initial evaluation or
re-evaluation
completed by the school district, then the parent may request an
independent
evaluation." 28.05.
There are several ways to
be eligible for the school district to fund a full outside evaluation:
1. Your
child is receiving free
lunch or reduced cost lunch, that tells the school that your income is
low
enough that you are
automatically qualifies you for a free evaluations.
One way to be eligible for the
school
district to pay for the evaluation in full public expense, for the
independent
evaluation,
the family must be receiving free or reduced cost for lunch 28.04(5)(c)(6).
Families
who are not on reduced lunches, may choose to share financial
information
with the district and share the cost of the outside evaluation.
28.04(5)(c)(1).
2. Your income can qualify you based on Federal
Poverty Guideline.
To view chart
of
income/family size qualify for
our states public funding of Independent Education
Evaluation (IEE), the
Department
of Education has posted the actual dollar figures. Click
here, for a chart of the actual income levels.
3. The school evaluation was not
comprehensive and
appropriate.
The school
district shall agree to pay for the IEE or within five
(5) school days,
proceed to the Bureau of Special Education Appeals (BSEA), which means
going to hearing (or possible mediation) to show that their evaluations
were comprehensive and
appropriate. 28.04(5)(d).
You also have a right under federal law (34 C.F.R. sec. 300.502), to request an independent evaluation in areas not covered by the school district's evaluation. See 603 CMR 28.04(5)(d).
5. The parent may obtain an independent evaluation at private expense at any time. 28.04(5)(b)
Once you make a request for independent evaluation, the school district can agree to fund (pay) the independent evaluation (IEE), or within 5 school days (1-5 school days), they can file for a hearing with the BSEA to show that its own evaluation was comprehensive and appropriate. If the Bureau of Special Education Appeals finds that the school district's evaluation was comprehensive and appropriate, then the school district shall not be obligated to pay for the independent education evaluation requested by the parent. State Regulation 28.04(5)(d).
How much time do I have to request an independent evaluation?
The right to this publicly funded Independent Education Evaluation (IEE) continues for 16 months from the date of the evaluation which the parents disagrees. State Regulation 28.04(5)(c)(6).
A parent can still request that the school pays for Independent Education Evaluation (IEE), under federal law (34 C.F.R. sec. 300.502). This federal right is not limited to 16 months from the school's evaluation, the way the state right is.
How much of the cost of independent evaluation will the school district cover?
According to our state special education regulations, all independent education evaluations shall be conducted by qualified persons who are registered, certified, licensed or otherwise approved and who abide by the rates set by the state agency (see our State Rate Document) responsible for setting such rates. Unique circumstances of the student may justify an individual assessment rate that is higher than that normally allowed. 603 CMR 28.04(5)(a)
Our State Rates:
Click here, to view the State Rates listed for TESTING / Evaluations
State Rate for an independent evaluation (IEE), 114.3 CMR 30.00, 'Team Evaluation Services', August 27, 2009,
rates can be found on pages 6 - 11, a total of 13 pages. (in PDF format),
See pages 6 - 11, there are a total of 13 pages.
(Please note: That
PDF files require a program called Adobe Acrobat.
To get a free version of this program, click here.)
Letter to request an independent evaluation:
Your school Principal (List of Concord
school principals
and address, click here)
Your School name
street address
Your name
address
Day phone number to contact you
RE: students name
school building and
grade
level
Date: n/nn/nn
In this sample letter, we are
using 3rd reason, from this listed below, and we are also
documenting
that we will not be sharing our financial information with the
school (as stated in reasons 1 & 2); choose the reasons that is appropriate to
your situation: 1. Our child is eligible for
free or reduced cost lunch,
2. Our
income qualifies (based on Federal
Poverty
Guideline), that we are willing to share our financial information
with the
school,
3. The
school evaluation was not comprehensive and appropriate,
4. The
school district's evaluation did not cover this area.
Dear Principal first name,
We
are requesting independent evaluation at public expense for our
child,
[student name]. We understand that the independent evaluation is
to be
provided at no charge, according to state special education law and
federal law.
Our request is based on the school evaluation that was not comprehensive and appropriate and we will not be sharing our financial information with the school.
We are requesting the evaluations in the following areas, to include attendance of the evaluator at the Team meeting where the testing results will be discussed:- Educational
(for
-
Speech
and Language (areas of: Phonemic Awareness, Problem solving )
-
Social Skills
- Occupational
Therapy
-
Functional
Behavioral
- Psychological (Cognitive, Behavior, Attentional)
-
Neuropsychological
We plan to have the independent neuropsychological evaluations performed by Dr. xxxxx, of the xxxxxxxx Testing Center, address. The Speech and Language and Educational Evaluations to be done by xxxxx, xxxxxxxxx Testing Center, address. We plan to have the OT evaluation performed by xxxxxx, xxxxxxx Testing Center, address.
Please contact xxxxxxx
at xxxxxxx testing
center,
to arrange payment for these services. I will be in touch with
the above
evaluators to schedule the evaluation appointment.
I understand that the
school must pay for the independent evaluation
unless it can prove in a due process hearing that its assessment is
comprehensive and appropriate. Please inform me in writing within five
days whether you
intend to honor my request or to request a hearing on the issue.
It is also my understanding that the independent evaluators will
forward the evaluation report to you since you are paying for them, and
that you will schedule a Team meeting for us to discuss the results of
an independent evaluation, that the new evaluation must be
considered in any future decisions about my child.
Sincerely,
sign and print your and spouses name
c.c.
Jessica
Murphy, Special Education Director, Ripley Building,
120 Meriam Road, Concord, MA 01742
Your Classroom Teacher
How long do I wait to hear back from the school personal? Click here, to view the Time Line.
Need more information?, click here, to visit our 'Parent Tool Kit' page
 |
One of our original web pages, created
July, 2001, by Melody Orfei
Web page
last modified on October 7, 2011 - V16, by Melody
Orfei
|
|
|