children with behavior problems in public school when can we ask for him to be retested?

Question

jaspers been in this class since 3 grade he is to go to 5 grade but they want to send him to a different school district 35 minutes by car one way, We haven't seen any problems out of jasper to warrent his continuing in these classes we have ask for him to be retested but the teachers won't I thought we had the right to ask for retesting in the state of ohio any one have any ideas?

Answer 1

You are asking for him to be 're' tested. Do you mean the school has already tested him one time before?

Is your child recieving special education services? Does he have an IEP plan?

IF your child is recieving special ed services and has an IEP plan, They can NOT send him to another school without YOUR approval. YOU are a part of the IEP team and if ALL of the members of the IEP team do NOT agree with this decision to send him to another school, then they can NOT do it.

This is a difficult process but it has to be done legally to get things done right.

Write a letter addressed to the district special education director, and send a copy of this letter to the superintendent....

Dear (district special ed director) DATE on top of letter!!

On (date) I was told that the school district wants to send my child to another school. (NAME) told me this.
(Here, write whatever this person told you.)

IDEA law states that I as a parent am an equal member of my childs IEP team. Any decisions made concerning my child has to be agreed upon by all members of the IEP team. I do not agree with this decision.

(If they did not tell you this decision in an IEP meeting, write this)... This decision was not made in an IEP meeting, therefore this decision is not legal. This decision has to be made and agreed upon by all members of the IEP team.

I am requesting 'prior written notice' for the decision made to send my child to another school. IDEA law requires the district to give this to parents whenever the district initiates, changes, or refuses anything related to FAPE for my child.

I am also requesting a full educational evaluation testing in all areas of suspected disabilities in accordance with IDEA law.
My child is (name) in (grade) in (teacher) class. The special education department did a full educational evaluation on my child on (date of last testing).
I understand that IDEA laws state that districts can test children once a year.
Please consider this letter my formal consent for school to do evaluations.
I understand that IDEA law states the school has 60 days from the date of my formal consent to have all evaluations completed.
Please send me a copy of all evaluations that will be performed on my child.
Please send me a copy of all test results and the test report at least 5 days before the results meeting.



Keep a copy of this letter for yourself!! And send a copy to the superintendent.
If the school doesn't do any of the things in this letter, you can then file a formal state complaint with your states department of education.
There is a specific legal process that has to be followed by schools and parents in special education. And schools will NOT tell parents this.
Hope this helps!!
Hope this helps!!

Answer 2

DEFINITELY you have the RIGHT to DEMAND a retesting -- and make sure you contact the district offices right away. If the school won't listen -- go to the district's Special Education Coordinator. Leave your name, number and what you want done with them, they will then contact the person who is to do the testing and get it done.

My suggestion is to NOT let even a week go by after first call. CALL every week until the testing is scheduled -- and then be there on time with the child. That is the way to get Special Education Services/Evaluations done the fastest.

Answer 3

Under IDEA (federal law), as the parent you have the right to ask for him to be retested whenever you would lke it. The school has to follow through with your request with 30 working days. Write a letter to the school requesting that your child be re-evaluated for special education due to possible placement change. If the school district does not comply within 30 working days, contact the Ohio department of ed. and file a complaint.

Under IDEA, your child should be educated in his base school. Unless there is sufficient evidence (behavior referrals, ancedotal records, data collection) that show that the school he is currently in won't be able to meet his needs, they cannot move him. If they present you with an IEP that changes his placement to this new school, refuse to sign it - this way, he cannot be moved to the new school until you sign the IEP (the school will use his previous IEP as a "Stay Put" IEP).

Last resort is to threaten due process - to me, it sounds as if the school doesn't want to deal with him and is trying to pass the problem onto someone else.

Answer 4

They only have to retest every 2-3 years. It should be listed on your IEP or the original testing results. Otherwise call your special service unit and ask for the date of retesting. Sometimes you can be sucessful in appealing for a retest sooner than warranted. Otherwise you'll have to pay an outside source to retest them for you.

Answer 5

I am not sure if this works in Ohio but, in Texas the parent has a right to call the special education office and request an ard meeting. You can get out of special education at the meeting. You should have some power to decided your child's educational placement. They can at least give you an explanation of why they feel your child needs to continue services.