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    Joined: Feb 2014
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    I have a client with possible LD's. When I asked his teacher about the school providing testing to tease out the issue, I was told it would be a looooong wait before we saw any action by the school district. Isn't there a certain time by which the school has to act? Is that mandated by federal or state laws? What tests might the school administer for possible LD's?
    Thanks all!
    PS - feels odd not to be asking about my own DD's!!

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    The federal timeline is 60 days, but it allows for states to set their own timelines:

    http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalBrief,4,

    The parent also needs to submit a request for evaluation in writing, in order for the clock to start, and even then, the clock doesn't -really- start until the district receives signed consent to evaluate. So it looks like this (I'm using sample timelines from a composite of states which have chosen their own timelines):

    1. parent submits written request for evaluation: district has 10 days to respond in writing, with
    a. a form requesting consent to evaluate, or
    b. with a written notice of why they refuse to act.

    2. if a consent form is issued, parent has 30 days to respond to consent:
    a. accept in full
    b. accept in part
    c. accept in full or in part, with requests for additional areas to be evaluated.
    d. reject
    e. no response (which districts can choose to take as tacit rejection)

    3. once consent is signed, the 60 day timeline clock begins. States have various ways of delineating this, such as
    a. 45 school or calendar days (states will specify which) to complete evaluation, plus 15 days in which to hold the meeting.
    b. 45 days to complete evaluation, plus 15 days from the date evaluation is completed in which to hold the meeting.
    c. 60 days to complete evaluation and hold a meeting to review evaluation results, followed by another timeline (often 30 days) to hold an eligibility meeting
    d. 60 days to complete evaluation and hold a evaluation review meeting, followed by a timeline to hold an eligibility meeting, followed by yet another timeline to develop an IEP for an eligible child.

    So the process can be as short as 2 months, or as long as four or five months. It depends very much on the state in which the student resides. On a side note, though, as soon as the referral process is initiated, the school must extend the discrimination protections owed to a person with disabilities to the student, because they have now been formally notified that this is a person suspected of having a disability. Relevant in such cases as: expulsion of a student who may have an emotional disability, or social pragmatics disability, who may have engaged in disciplinary infractions as a manifestation of his/her disability. "Counseling out" a low-performing or difficult-to-teach student while the evaluation is in process.

    For the timeline specific to your state, try the state DOE website, under special education initial evaluation (or eligibility determination) process.


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    aeh summarized the process really well - just a few things to add:

    1) When a parent submits the first written request, it doesn't have to be a formal letter, email counts to get the process started and the clock running on # of days. It helps to have the parent include a specific line in the email stating that they would like to have a response by x date (10 business days out from the day the letter/email is sent).

    2) If there's a parent advocate group in your area, the advice can be worth it's weight in gold. You can call them up and ask specific questions such as how to word the written request, what to expect from this specific school in terms of response, are there potential roadblocks or concerns that might come up that are specific to your local area/school.

    3) The testing needed depends on what type of challenges are going on or suspected. My advice to the parents would be to *also* see their pediatrician to explain what the concerns are. The pediatrician may be helpful both with narrowing down areas of concern, recommending what type of testing to look for, and may have insight into your local school system's process and responsiveness too.

    Best wishes,

    polarbear

    eta - I wouldn't recommend getting overly specific about requests for certain types of testing, but would instead recommend focusing on what areas of the child's functioning are impacted, and let the professionals take a bit of an overall look rather than trying to figure out what's up ahead of time. There are a lot of symptoms associated with LDs as well as other challenges that can look the same but actually be from entirely different causes.

    Last edited by polarbear; 01/28/16 03:52 PM.
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    You guys are fantastic!!!! Thank you, thank you!! And yes, I wasn't planning on requesting certain kind of testing just because I have read so much here advising against just that. I do have a note to call the pediatrician tomorrow.
    So sad to see that incredibly long timeline. Follows what the teacher reported.


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