Special ed director said this, this is ridiculous?

Question

He said that my child did not qualify to have an initial eval done to see if child could qualify for special ed services, because child is not in special ed and not covered under IDEA.
To me this is saying that a child has to ALREADY be in special ed before they can see if they QUALIFY for special ed.
I"ve already gotten this cleared up, just wanting to see what others think.

Answer 1

Um... that didn't make any sense. Unless you were looking for SECONDARY services (Occupational or Physical Therapies) ONLY. If his/her fine/gross motor skills do NOT interfere with learning (either comprehension, expression, or access to the educational environment) to require special supports... he/she can't get therapies through the school, and you will need to go through private providers.

In order to be evaluated, a child must be experiencing difficulties with understanding instruction, expressing him/herself in speech, expressing him/herself in writing, behaving appropriately due to emotional issues, AND/OR navigating the school phyiscal environment with reasonable success.

However, if your child is not doing well in school, for whatever reason, then you have every right to ask for an evaulation for services. However, you must phrase your request in a way that won't look like you are only asking for secondary services.

Here are some sites to help you out with the situation:

http://www.teachersandfamilies.com/sped/parents/ltr2.html

http://www.wrightslaw.com/

http://www.schwablearning.org/message_boards/view_messages.asp?thread=16139

Answer 2

Well, usually when a child starts having difficulty, he/she is referred to Student Support Services (SST in the state of Georgia). Then, if the interventions from the general education teachers are not successful, can a child be referred to special education IF a disability is suspected. If they do not qualify with a disability, they may qualify for extra services under a 504 plan, which is not as "strict" as an IEP but can give your child the help he/she needs.

Answer 3

The Special Education Director is absolutely wrong. Any child must be evaluated for special education once a parent makes a request in writing for a special education evaluation.

The best special education guide I have seen was created by Protection and Advocacy, Inc. (their website is www.pai.org) and the guide is available online at:
http://www.pai-ca.org/pubs/401601.htm
This guide goes over special education definitions and laws in a very straightforward, understandable way.

Answer 4

Well, if you want to have things done more quickly, ask the teacher to refer the child for testing, because that's the way it's usually done. However, parent referrals are legally just as binding. Possibly he thought you were asking for a child to be put in special education without formal evaluation?

Answer 5

You put all requests in writing.At end of testing,your child may not qualify for IEP but may qualify for a 504 plan.
A SPED Director cannot deny just because he/she feels they can.

Once request is made in writing, they have 45 school days to get testing done and have meeting.

Answer 6

I have been a special ed teacher for 10 years and now oversee programs at the state level...yes this is ridiculous and makes him liable. i hope your son is getting tested. you have a right to request testing, put it in writing and it is considered a direct parent referral. they then have a certain amount of time to meet with you to discuss testing and a period of time to get the actual testing done if warranted and then the IEP should be put in place. i am disgusted that this was said to you.

Answer 7

Yes! It certainly is ridiculous! Often schools go by the letter of the law rather than by the spirit of the law. Watch out! I got a child evaluated, and then the school "psychologist" proceeded to make all sorts of ridiculous, and potentially quite harmful recommendations. Just remember: if it sounds crazy to you, it probably is.

Answer 8

That is not only ridiculous but ludicrous! Report him to the school board and then demand testing for your child. You have the right to have your child tested at anytime you request it. It would not be a bad idea to suggest that director get tested as well! Good luck to you and your child.

Answer 9

I think your Special Ed director is a moron! All students can be evaluated based on parent or teacher request.

Answer 10

Hey there u go again!!!!!!!!