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Update on disagreeing w/ eval.

I request an IEE right?
  I agree with almost all of it, but the OT report basically says that my son has mood/behavioral issues and um.. no sensory issues. Hello? I have 2 independant OT evals and a neurological music therapist eval/notes about his proprioceptive and vestibular issues, sensory seeking etc and they're saying its all mood disorder, not sensory - basically saying he is not on the autism spectrum and he qualifies under Emotional disability due to the adjustment reaction d/o dx which is SECONDARY to the Pdd nos dx.
   So I know I won't sign the IEP as is - I disagree with the evaluations and I want OT for sensory issues in the classroom so I need to be prepared. Its this afternoon and I'm stressing and reading

any ideas, suggestions, links appreciated
mamabarb39766.6931134259

Here's three links on Wrightslaw to help you out...

http://www.wrightslaw.com/info/advo.disagree.heitin.htm

 

http://www.wrightslaw.com/advoc/articles/strategy.disagree.h tm

 

http://www.wrightslaw.com/info/eval.iee.steedman.htm

 

You have the right to disagree with the OT evaluation, and to expressly state your objections in the IEP as to why you do not feel the IEP as written is appropriate.  Do so.  You can either take in a drafted "Parent Comments" to be attached to the IEP indicating your objections (which they have to include), or write them as objections when you sign the IEP.  Many districts no longer require the parents' signature to implement the IEP, but including any of their objections is mandatory.  That way, your objection to the OT evaluation is on record, particularly if something comes up with your son's behavior that ultimately is sensory linked.

 

Also send a formal letter stating that you disagree with the evaluation and requesting an IEE.  The school district has the right to disagree to do one, but they have to provide you IN WRITING their reasons for it - and that opens up a whole new can of worms, including due process.  Easier and cheaper for them to pay for the IEE than open that door.

 

Many districts are trying these days to inappropriately place children into the ED (emotional disturbance) category rather than an ASD category - primarily due to the services available/not available.  As Tzoya has often pointed out, ED is an inappropriate educational diagnosis for children on the ASD spectrum, and not where you want your son to be placed.

 

From your previous posts, you strike me as a savvy mom who can hit the ground running and successfully advocate for your son :)  You can do the same here.

 

 

 

I haven't signed an IEP in 2 years or so because there is no place to sign. Maybe it isn't a requirement with the IDEA 2004. Anyway, you will need to write down your objections on paper.

aloha, Renee

In addition, ask for their procedures and qualifications for the person to do the IEE.  They can provide you with a list of qualified persons, but you probably do not want to use someone on the list since if they are not school friendly, they don't stay on the list.  And the SD cannot require you use someone on the list.  (But whoever you use has to be qualified).  Most likely a B.S. degree with a credential will be OK, whereas a PhD is probably required w/o a credential.  E.g. the SD can use cheaper staff than you can.

The SD (after getting your written request) can either take you to due process to prove that their evaluation was OK, or let you go ahead.

Brave folks start the IEE after giving written notice (and waiting a bit for a due process hearing), pay for it themselves and then try to get reimbursed.  That way the folks doing the IEE don't have to deal with the SD while the IEE is going on.  Also, if the IEE goes south for some reason, if you pay for it, you don't have to show it to anyone.  If the SD pays for it they might get it before you do, and maybe it will be edited...

Our SD tried to stiff us on paying for an IEE.  We are working on that, so I cannot say what works.

I think someone (Tzoya?) says to sign it and write your objection on the IEP.

Look on Wrightslaw.

Do you have an IEE already?  If you do, you can only ask for one IEE per eval per year.  You can ask the District to write Prior Written Notice.  You can put in a State Ed Complaint. You can go to Mediation or to a Hearing. These are all Procedural Safeguards and your District is required to give you a written notice that explains all this. ALso, you can get tons of info at www.wrightslaw.comOk - so here is what I am doing. Right or wrong, it is my plan. The IEE could take 30-90 days to get set up and done. My son is not getting an education right now with no supports, aides, para etc and I can't let that continue. So - right or wrong - I told them that I am going to consent to the ED classification and they should set up an IEP meeting. I will help them write the behavioral goals and fight for the things i KNOW he needs to succeed. I will give them 3 months to work it their way with my help in setting up the goals and supports. The bottom line is that honestly I"m not 100% sure his issues are ASD based - they could also be psych based as he has the Adjustment Reaction conduct d/o with mixed mood and emotion dx now too.
   Honestly - I don't know if he CAN benefit from positive behavior mod because this is really a mood disorder issue, or if he CAN'T because its neurological/ASD. We don't know the answers. The dev ped isn't even sure whats up.

So I made a choice. I'm going to allow the ED classification. I'll wait a month or so and see if its working. If its not, believe me, we'll know. THey'll know. Then I'll call for an IEP meeting and an IEE and state my belief that he's been classified incorrectly and we need to re-evaluate the plan.

I know some of you will disagree with this, and thats ok - I'm the mom. I want whats best for him and right now I need the services. They already said they'll give him OT for sensory due to the sensory processing disorder piece. I think they'll do the 1:1 since we're doing the 10 day trial period now. He'll continue with speech as well. The big difference will be the behavior plan/extrinsic motivation piece. And either it will work or it will not and we'll go frm there.  I'll be putting him in full day kindy as of Jan 3rd as well so they know they NEED to have some stuff in place by then.

The actual IEP meeting now that we have decided on eligibility will be next week and I'll update for those interested. If they deny the para I'll raise a stink believe me and could at that point say I won't sign and want the IEE after all. But honestly I'd like services in place before I request it so they're not waiting on the IEE and doing nothing with him. I figure that even the ED IEP is better then no services and supports at all while I try to sort it all out.

Thanks for listening, for the support, and for putting up with my rambling Someone once said that Special Education is like a room with 13 doors (the 13 classifications). Once a classification is given, the door opens and the child is allowed into the room where he has access to ALL THE SUPPORTS AVAILABLE.  So it's better to get a classification of some sort than no classification at all.  YOu are entirely correct that acceptin and ED classification can get your son started.  The classification can change over time if more evidence is presented and accepted. In the meantime, he'll be getting help. Congratulations.Thank you Tzoya - I really do feel a bit reassured now that at least theres a classification and we'll get help. Then if its truly the wrong one, we'll know and can reassess. I'm sleeping better now, I had some severe insomnia last week, and feel like we're getting somewhere. And I have to say that really I'm struggling with IF he is on the spectrum (second guessing everything) or if this really is psychiatric, more of a bipolar issue. So I guess we'll see.

You guys are wonderful tho. Even my husband says he's amazed at how prepared I've been for every step. Its thanks to this forum.
mamabarb,

Please do give us an update.  I am very interested in what is happening with your son and his diagnosis.

We are experiencing something similar with my son.  Three years ago he was diagnosed with PDD-NOS and has been receiving services from the school for it.  But now they are questioning whether my son even has PDD or "something else".  (For the record, I believe he does have PDD and I believe that sensory issues are causing most of his behavioral issues.)  At a meeting we had recently, one of the team members said that she's not sure he has PDD because sometimes he doesn't seem to have PDD.  She said that he is "different" and "unique" and that she's "never worked with a child like him before".  I got the distinct feeling that she was trying to say something without actually saying it, but I wasn't sure what the heck she was getting at.  He can be very "non-compliant", which is a characteristic of PDD-NOS.  But I suppose it can also be a characteristic of other things, such as oppositional defiance disorder.  So, when I saw your post it hit me like a ton of bricks because suddenly I realized that maybe this is what that team member was talking about in our meeting . . . an emotional disturbance.  Dang.  And now I'm wondering if they are trying to inappropriately place him in the ED category instead of the ASD category.  Your post, and this thread, have really opened my eyes.

I am thankful that you posted about your experiences because it made me aware of the ED classification, something which was not on my radar but that the school may be thinking about.  I hope things go well for your son.  Please keep us posted.

Kristine


One thing I firmly believe is that, when it comes to what anyone else thinks, it doesn't matter when we are the parent and doing the best for our child. You do what you know you need to do--it all sounds great to me, and I love how you are focusing on it, and watching very closely on what happens. That is very important.

I had to fight a lot with Sean's issues--Massachusetts, back then (dont know if it is different now), had a lot of issues with sped services and receiving the appropriate ones. Sean, unfortunately became a guinea pig of sorts--I learned so much, but only through the fight I had with him. When it came time for Taylor being refused the right class for her, I knew how to fight and went in, bearing arms, so to speak. That was the first time I had ever refused anything that was suggested for me but, I had already been through enough trial and error with Sean that, I knew what I had to do with her issues.

Keep us updated, okay? You are doing a great job. The best advocates for our children are us, the parents!

FIrst of all, not all states require a parental signature. HOwever, all states must seek parental agreement.  If the parent objects, the parent can agree to part of the IEP (the part agreed to ) and reserve the unagreed-to part until a later date when more information is available.  THen, if the parent continues to disagree, the only way to keep the IEP from not being implemented is to go to Due Process.
 

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