IEP/School questions

[JustMe]

So, dd has received a developmental diagnosis based on a very reputable outside assessment team. I had a meeting after that with the school psych, teacher, special ed person, and someone from another agency who is supposed to be my advocate (long story). No one argues with the diagnosis and everyone agrees this is a qualifying diagnosis...although the school psych originally wanted some more hoops jumped through, the special ed person stated why this was not necessary.

So, now they would need to do the academic tests there to see if the diagnosis is "effecting her learning". I add the quotes as it is very obvious based on her performance in class as well as her symptoms that it is effecting her learning. I know they still get to test to prove or dis-prove that. Here are my questions--

1) What can I do/or what happens if the tests done by the school psych say she is not behind enough but the outside evalutions (we are having more done) show she is. Again, this is a very reputable multidisplinary agency/team and the school psych has acknowledged this himself.

2)The last school district academic test was done last Spring. The report is dated May 18th. The school psych says he wont re-test until the fall for this reason, plus he brings up he has 60 days. However, I did not sign the last testing results as I did not agree with them and something I requested (an OT eval) was never done. Does my lack of signing help at all with the re-testing? The teacher also wants the testing done before the end of the school year to help with planing...do they have to wait or can they do the testing if both teacher and parent feel it is necessary. Also, I asked for re-testing even earlier in the year but the school psych and spec ed person said to wait and see what the outside evaluation found as far as diagnosis. He will be using a different test than was done the first time.

I have more questions, but will start with these so there's not too much to read and answer. The "advocate" is no help. He is new, as my old advocate left that agency...I know a lot more than him, but that is another post. Teacher is totally in agreement with me and we are actually going to try to meet with the principal and teachers dd will have next year to at least update her 504 (which was not done even though I asked for i and it has been over 1.5 years and does not include her new diagnosis).

In other words...HELP and share any related wisdom you have!
thanks!

[swrc00]

Typically if there is a diagnosis there is no need to do furthur testing. Depending on what category the diagnosis is an IEP should start to be drafted.
You don't have to sign the test results, but I am assuming you did sign the consent to test. I have had parents who don't sign the IEP and is still put into action. If the request for OT was done through writing, it has to be done. I do think they also have 60 days to do it. You can report this to the state if this was in writing and not completed within the time on the document.
I know that school pychs get booked very quickly. I know in my school system that they are typically booked by Feb for the remainder of the year, but once again if you have a diagnosis the pych should not have to anything else.
I wish you the best of look in finding a new advocate. I am sorry he has been less than supportive.

[JustMe]

Thanks for your response! Sorry I have written some confusing things,

1) I did sign for testing to be done last school year, but did not sign when they told me the results. This is when the OT eval was not done.

2) The school psych refused to start an IEP, stating it will depend upon how she does on the standardized academic testing he gives her. She has failed the standardized state testing miserably.

Please give me more info about if it is true when you say if there is a diagnosis there is no need for more testing. I can pm anyone who may have more info the diagnosis, but it falls under the category of Other Health Impairment, which may be the problem?

Thank you for the response and please give more help. I am grieving terriblly regarding this new diagnosis and very worried about dd's future.

[crl]

No, even with a diagnosis, they can refuse to do an evaluation or an IEP. It has be affecting the kid's ability to function at school. Sorry I don't know the legal terms on this, but it is where we are. Ds has an ADHD dx and they accept that but refuse to do an evaluation because they say he is at grade level and has no behavioral issues at school. We did get a 504, but the standards are different. One argument you can make is that if a kid is at grade level it is only because the parent(s) or school is already providing the services (extra help) the kid needs. The idea is that you don't have to let your kid fail to qualify. There is some stuff about this on Wrightslaw. Sorry I'm not more help. (We decided our facts are not that strong and it is not worth it for us to pursue this so Ihavent really done the research.) And I am really sorry this is such a struggle for you.

Catherine

[JustMe]

Originally Posted by crl

No, even with a diagnosis, they can refuse to do an evaluation or an IEP. It has be affecting the kid's ability to function at school. Sorry I don't know the legal terms on this, but it is where we are. Ds has an ADHD dx and they accept that but refuse to do an evaluation because they say he is at grade level and has no behavioral issues at school. We did get a 504, but the standards are different. One argument you can make is that if a kid is at grade level it is only because the parent(s) or school is already providing the services (extra help) the kid needs. The idea is that you don't have to let your kid fail to qualify. There is some stuff about this on Wrightslaw. Sorry I'm not more help. (We decided our facts are not that strong and it is not worth it for us to pursue this so Ihavent really done the research.) And I am really sorry this is such a struggle for you.

Catherine

Thanks, I had thought they did need to do additional testing, was just hoping another poster who said this was not the case was right. I guess my questions would be more about the one year rule that I mention in my op, as well as what to do if there test shows she is not behind enough while an outiside eval, her teacher, and I say she is. She does get lots of extra help right now so that is an interesting thing to know. I find the Wrightslaw website so difficult to navigate, but will check it out more!