Gifted Issues Discussion homepage Forums Twice Exceptional evaluation refused

I found a link to information that's blunter than what blackcat found: schools must evalute by law.


You may wish to send an email or letter to numerous people (this sort of thing has to be in writing). State that as per section xxx of federal law, you requested an evaluation and that it was refused, which is a violation of the same law. Note chapter and verse the way Wrightslaw does, and ask why they're failing to comply with the law.

I like all of this a lot, and it's exactly what I want to do. If the constant threat of his being removed from the program wasn't hanging over our heads--I'd just move on. Pay for the services we can afford, work on things informally that I can't afford to address, privately.I totally understand what you are saying. I feel like if I start referencing laws, it's time to hire an attorney. I'm out of my league.

Nagging feeling: if I have to pay a lawyer to keep my kid in a school, why even. KWIM?

The only rational reason is that I don't know what else to do with him, really. I guess he could drop out at age 12.

When you quote the law at them, you're basically snarling and showing that you have fangs. They know they're wrong, and there's a good chance that they'll back down. This is in part because they know you COULD (not MUST or WILL) hire a lawyer and they won't want you to do that, because they would simply LOSE and look very bad. The law is crystal clear on this point; there's no wiggle room for them.

Also, you can start throwing around comments like "I'll have to check with my contact who works for the State, in due process, before responding to this" (or something along those lines). Show them that you are not going to blindly accept whatever they decide, and scare them a little bit. This worked wonders with my first child and after the first initial resistance and refusal to evaluate, the school was scared ******* when they figured out I had talked to someone with the state. I never filed a complaint, I just made a phone call, and made it clear to the district. I expressed to the school how confused the woman in the Dept of Ed was, by the school's refusal to evaluate.

in addition to this, a lawsuit is very expensive for the school district and it sets a precedent. My school district hires external lawyers who are very expensive, I am told. And there have been cases where lawsuits that end favorably to parents are quoted by others while seeking accommodations for their kids. Due to many lawsuits, public schools local to me are trying to work with parents to avoid many more lawsuits.

Yes, it's amazing how a Free, Appropriate Public Education can start to run you into real money if your child has special needs.

I do think it may be time for a letter from the special ed attorney specifying what the law states. They are saying his disability does not have any effect on him, educationally speaking (this is what they mean by "no disability" in their letter). We know this not to be true. Sometimes a lawyer will write the scare letter for you pro bono and only make you pay if it doesn't work and you need ongoing legal services.

Your other option (before the lawyer) is to meet with the superintendent of schools, or whoever is directly above the person who sent you this letter. Have this rejection letter and the NP report in hand, and show them. Let them know you believe that this decision is both incorrect and is a violation of the law. Ask them to do the right thing. May work, may not; cheaper than the lawyer route and lets the people in charge know what's going on under their noses. Gives them a chance to change course and do the right thing. Of course, they may have directly ordered the bad behavior.

A call to the State Department of Education can sometimes make things move ahead, as well. I have found this strategy quite effective, and sometimes remarkably speedy.

Apparently the school folks are hoping you and DS will just evaporate into thin air. Since he's attached to his program and you're both operating under such stress about the probation, I wouldn't let this go. I'd call them on it.

Unless change is ordered from above, they may well fight you every step: the educational evaluation comes out "no problem" (at which point you and lawyer or advocate again call their attention to the NP report); they grudgingly admit the ASD may be something after all but they insist he needs no help or services of any kind. IME this kind of resistance typically melts only if you are willing to be very persistent.

Personally, I have found it worthwhile to persist. YMMV.

I obviously haven't seen your independent eval report, but I'm wondering if it focused enough on educational needs or impact. I think what you need is an educational psych. We took DD to a major university to a combined neuro/educational psych (I guess he has degrees in both). So he did neuropsychological testing but the focus was on things like EF ability, processing speed, memory, and achievement testing...not to give a diagnosis like ASD or ADHD (although she already had an ADHD diagnosis). Your outside eval has to be very blunt about educational concerns, or the district will disregard it. If you can afford it, I would look for someone who can do a "real" IEE, and then take that report back to the district. Or you can try to force the district to do it, just keep in mind what I said earlier about how they may try to manipulate the results. But if you allow them to do it, you can always disagree with them and then force them to pay for the IEE.

Anyway, I am sorry you are dealing with this. I get the sense that you are giving up (or feel like giving up)...don't do that, just take a few days to think about everything and plan your next steps.

Have they given you a copy of "parental safeguards" detailing your due process rights? Ours even has a list of advocacy groups to call, the Dept. of Ed, etc. I think they are mandated to give this to parents every time they deny the request of a parent.

Actually, you should receive a copy of parental due process rights once a year any time you have official interaction with special education or 504 processes.

I made a call to the lawyer, asking for consult/advice.

The whole angle of the NP was educational. I used the psychologist the program coordinator and counselor suggested, even. It's full of details about how DS' ASD affects his function at school.
Not giving up...stepping back to think.

I have this information. I'm not encouraged by the Action notice referencing the 504, and the 504 Coordinator suggesting to me that DS' placement is a problem if I ask questions or report noncompliance. It makes me think it's a systemic issue.

I'm not sure which would be more taxing--continuing to advocate for DS or continuing to do what I'm currently doing in over-functioning for him. Since odds are I'll have to continue doing that part, is it even worth it to keep trying to have school give services? What if the services aren't of any use, anyhow? I know nothing about the SLPs in the district and DS' psychologist told me he didn't know how helpful the school would be with the EF issues.

Who would I call at State Department of Education?

I could wallpaper my house with all the due process/procedural safeguard handouts I get. The school blinks at me and I get a copy. The trees man, the trees!