IDEA 2004 contains all the requirements for initial evaluation in 20 USC Sec. 1414 (a)(1). Search this on www.wrightslaw.com and, while you're there, buy a copy of Special Education Law. This is the ENTIRE LAW in writing (and I think you can get a CD or online version with your purchase for something like five bucks more, well worth it) as well as Pete Wright's EXCELLENT commentary. That and FETA should be the foundation of your sped library. Texas HAS to obey the parameters in the section, above, or be MORE liberal, not stricter. That means, services for your son MUST BE IN PLACE from 60 days from your initial written consent. Those are CALENDAR days unless Texas law says otherwise.
[QUOTE=Dad2Luke&Alan]You might look and see what the "child find" section of the IDEA has to say. I believe that even home schooled kids are entitled to be found and considered for special education. I don't think that this means that they get services in their home, just that there has to be a provision to find them and offer services if they qualify. I don't know if your child is home schooled, but maybe it has some answers.
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You're correct- even my homeschooled children were entitled to be evaluated without being enrolled in the district. This is stated specifically in 'ChildFind'. Every child, ages 3 and up, is entitled to an evaluation by the school. I had our district giving me heck about the very same thing a month ago, so I just called our state dept. of ed. Ask to speak with someone that deals with IEPs, and ask if your child is able to be tested by the school. When they tell you 'yes', get their name and the exact extension so that you can let the local school know who they can contact if they have any further questions. Worked like a charm for me. Good luck!
Sarah got evaluated without waiver and never was even asked for it...the evaluation was to see if she needed services and I never formally enrolled her even after they evaluated her because the services were nil and we were doing a full ABA program at the time& 2 hours of speech a week...maybe things have changed since then? I got her waiver from vaccines notorized the day before I enrolled her for kindergarten because it only last 2 years:) Never questioned the her vaccinations at all when they were doing their evaluations at 3 years old??
I even had them come to our home to do the evaluations when she was 3.....they stopped doing that now. Hope you get waiver soon..mine came within 2 weeks so hopefully you will get it soon:) Good luck!
Wow advocacy has surely changed since I needed them.My school district has been giving me the run-around on getting Brennan's evaluations, ARD and IEP handled since prior to his 3rd birthday in March. Here's a synopsis:
They were notified in January he was aging out of ECI in March and needed services. They didn't contact me until March 9th, held a meeting, didn't return my phone calls until they were again asked in writing on April 3 to evaluate for services and to enter the preschool program, at which point they contacted me on the 11th, and set an enrollment meeting and ARD for the 16th. On the 12th, they faxed me the list of required enrollment documents (for the FIRST time), including the requirement for immunization records. I called that day and told them I'd requested the waiver for immunizations from the state and his birth certificate, but they wouldn't arrive in time for him to begin. I could give them a affidavit similar to what was used for my daughter at the beginning of the year until her waiver arrived. They said okay, come anyway.
On the 16th, they said they couldn't enroll him without the waiver, after meeting with the vice principal and the ARD committee in her offices, calling her superiors at the district, they agreed to accept a statement from Brennan's doctor until the waiver arrived. We rescheduled the ARD for the 18th. I brought in the paperwork, including the doctor's note we held the ARD, and all the paperwork was signed off on so he could begin on Monday the 23rd. 4:30pm that Thursday afternoon, I get a phone call that nope, they aren't accepting the doctor's statement and have to wait for the waiver on the official state form...which can take 2-6 weeks, in spite of what the state website says. (Been there, done that). I sent them a letter relaying the chronology of what has occurred, and that I needed WRITTEN confirmation that the people who had accepted the documents (the vice principal and senior school district diagnostician, and the VPs superiors at the admin building that had authorized the VP to accept the documents) were not legally authorized to make that kind of call. Never got it - instead got a phone call from yet another party (the principal of the school, who'd been completely out of the loop) that nope, they wouldn't except anything but the state waiver form. They are holding, from superintendent on down (yes, he's gotten copies of all the letters going to the district - I'm putting it all in writing - they aren't) that the timeline for full initial evaluation for services by the district starts when he's enrolled, not when they are notified he needs to be evaluated. Repeatedly they state "ONCE HE IS ENROLLED WE WILL EVALUATE HIM". I've requested to know the legal basis for this requirement (complete enrollment before evaluation) in writing, but they haven't responded in writing once except to say they'll be happy to provide me a copy of their immunizations policy.
Kicker: I cannot find in the IDEA (or the Texas statutes for that matter) where it states he HAS TO BE ENROLLED to be evaluated. It's my understanding he simply has to reside in the district, in which case they've already screwed up since the January notification by ECI (which they admitted to in the meeting on Monday), and if they use my letter of 4/3, they're not going to be able to get the evaluations done either. They are also making it clear they will not discuss ESY services for him, even if he's enrolled on the last day of the calendar school year. It seems to me that from everything I've found, Brennan should be able to be evaluated without being enrolled in the district, and should receive compensatory services for back to his 3rd birthday, when he should have begun services in the first place.
I've got calls into an advocacy center, which requires that I fill out the paperwork and get on the waiting list for intake before anyone will talk with me, and I've got calls into a possible attorney, but any other help I can get in the direction to go on this would be most appreciated.
Any clues?
You might look and see what the "child find" section of the IDEA has to say. I believe that even home schooled kids are entitled to be found and considered for special education. I don't think that this means that they get services in their home, just that there has to be a provision to find them and offer services if they qualify. I don't know if your child is home schooled, but maybe it has some answers.