Does DCPS do special education evaluations over the summer?

[Anonymous]

Anonymous wrote:

Anonymous wrote:It might be different where I live but teams have 30 SCHOOL days from the time of signature to complete a special education evaluation. We are not required to complete this in the summer. In fact from the time the parent makes a request we have 10 days to set up a meeting then at the meeting we decide if an evaluation is appropriate. If yes we have 10 school days to create a plan to evaluate. Once the parent signs the plan there it’s the thirty student contact days to complete the evaluation. If the student qualifies we have 30 days after the evaluation date to have an IEP meeting. After the IEP meeting we have 10 student contact days to write the IEP. If it’s an initial IEP it must be signed before services start.

IDEA, which covers IEPs, requires all 3 steps be completed within 90 calendar days. Not school days. You could find yourself at the wrong end of a lawsuit if you go by school/student contact days.

OP here. This thread has been so helpful. The family i am trying to help has a language barrier but also just no frame of reference for any of this.

Two more questions.

#1 would an advocate from AJE be helpful? Are there other places they could look that might be more hands on?

#2 if the family requests an eval soon and the clock starts over the summer and the deadlines pass, who does the family contact? It seems like OSSE has a mediation process but is that the first or last step?

Thank you so much!!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It might be different where I live but teams have 30 SCHOOL days from the time of signature to complete a special education evaluation. We are not required to complete this in the summer. In fact from the time the parent makes a request we have 10 days to set up a meeting then at the meeting we decide if an evaluation is appropriate. If yes we have 10 school days to create a plan to evaluate. Once the parent signs the plan there it’s the thirty student contact days to complete the evaluation. If the student qualifies we have 30 days after the evaluation date to have an IEP meeting. After the IEP meeting we have 10 student contact days to write the IEP. If it’s an initial IEP it must be signed before services start.

IDEA, which covers IEPs, requires all 3 steps be completed within 90 calendar days. Not school days. You could find yourself at the wrong end of a lawsuit if you go by school/student contact days.

OP here. This thread has been so helpful. The family i am trying to help has a language barrier but also just no frame of reference for any of this.

Two more questions.

#1 would an advocate from AJE be helpful? Are there other places they could look that might be more hands on?

#2 if the family requests an eval soon and the clock starts over the summer and the deadlines pass, who does the family contact? It seems like OSSE has a mediation process but is that the first or last step?

Thank you so much!!

I like AJE and work closely with them. Having someone else in the meeting can help the school take you seriously.

There's not much that can be done from only missing deadlines. If you were my client, I would suggest getting evaluations and IEP done as quickly as possible, even if that's past the statutory deadline, and then asking for comp ed (essentially, voucher for tutoring) for whatever services weren't received because of the delay. That's something that can be ordered through mediation, if necessary. Filing mediation can also be helpful to get their attention if they totally ghost you.

-Special ed lawyer

[Anonymous]

One more thing: if they want a private advocate, WEG offers discounted services to families under $75k. https://www.wegadvocacy.com/

[Anonymous]

OP here: special ed lawyer you were right. I spoke to the special ed director just to get info and it was immediately "oh it's summer. No one is around."

Given the bandwidth of the family, I think the best that can be done is they email the director and start the conversation. I don't know if the family would have the ability to juggle a lot of testing off site during the summer anyway.

However, in the interim, should the family switch pediatricians? They are currently at Mary's Center.

Would Children's National be better if we anticipate specialized testing? One parent has insurance through their job- would putting the child on there be helpful? Is there any testing any pediatrician could do over the summer to start the ball rolling?

Thank you!!!

[Anonymous]

Anonymous wrote:OP here: special ed lawyer you were right. I spoke to the special ed director just to get info and it was immediately "oh it's summer. No one is around."

Given the bandwidth of the family, I think the best that can be done is they email the director and start the conversation. I don't know if the family would have the ability to juggle a lot of testing off site during the summer anyway.

However, in the interim, should the family switch pediatricians? They are currently at Mary's Center.

Would Children's National be better if we anticipate specialized testing? One parent has insurance through their job- would putting the child on there be helpful? Is there any testing any pediatrician could do over the summer to start the ball rolling?

Thank you!!!

The Children's primary care doctors aren't able to do developmental evaluations any more than any other pediatrician and they also aren't able to expedite waiting lists. So if the family likes their Mary's Center pediatrician, there's no reason to change.

Employer sponsored health insurance is sometimes accepted by more places than medicaid, so it might give more options. It might also have better out of network coverage.

[Anonymous]

Anonymous wrote:OP here: special ed lawyer you were right. I spoke to the special ed director just to get info and it was immediately "oh it's summer. No one is around."

Given the bandwidth of the family, I think the best that can be done is they email the director and start the conversation. I don't know if the family would have the ability to juggle a lot of testing off site during the summer anyway.

However, in the interim, should the family switch pediatricians? They are currently at Mary's Center.

Would Children's National be better if we anticipate specialized testing? One parent has insurance through their job- would putting the child on there be helpful? Is there any testing any pediatrician could do over the summer to start the ball rolling?

Thank you!!!

If you want to preserve their comp ed claim, put everything in writing.

-special ed lawyer

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It might be different where I live but teams have 30 SCHOOL days from the time of signature to complete a special education evaluation. We are not required to complete this in the summer. In fact from the time the parent makes a request we have 10 days to set up a meeting then at the meeting we decide if an evaluation is appropriate. If yes we have 10 school days to create a plan to evaluate. Once the parent signs the plan there it’s the thirty student contact days to complete the evaluation. If the student qualifies we have 30 days after the evaluation date to have an IEP meeting. After the IEP meeting we have 10 student contact days to write the IEP. If it’s an initial IEP it must be signed before services start.

IDEA, which covers IEPs, requires all 3 steps be completed within 90 calendar days. Not school days. You could find yourself at the wrong end of a lawsuit if you go by school/student contact days.

OP here. This thread has been so helpful. The family i am trying to help has a language barrier but also just no frame of reference for any of this.

Two more questions.

#1 would an advocate from AJE be helpful? Are there other places they could look that might be more hands on?

#2 if the family requests an eval soon and the clock starts over the summer and the deadlines pass, who does the family contact? It seems like OSSE has a mediation process but is that the first or last step?

Thank you so much!!

It seems like you're getting ahead of yourself. It sounds like the school has been raising concerns and the family is only now considering agreeing to an evaluation. Why assume the school won't get it done on time when they initiated and the family is the one slowing down the process?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It might be different where I live but teams have 30 SCHOOL days from the time of signature to complete a special education evaluation. We are not required to complete this in the summer. In fact from the time the parent makes a request we have 10 days to set up a meeting then at the meeting we decide if an evaluation is appropriate. If yes we have 10 school days to create a plan to evaluate. Once the parent signs the plan there it’s the thirty student contact days to complete the evaluation. If the student qualifies we have 30 days after the evaluation date to have an IEP meeting. After the IEP meeting we have 10 student contact days to write the IEP. If it’s an initial IEP it must be signed before services start.

IDEA, which covers IEPs, requires all 3 steps be completed within 90 calendar days. Not school days. You could find yourself at the wrong end of a lawsuit if you go by school/student contact days.

OP here. This thread has been so helpful. The family i am trying to help has a language barrier but also just no frame of reference for any of this.

Two more questions.

#1 would an advocate from AJE be helpful? Are there other places they could look that might be more hands on?

#2 if the family requests an eval soon and the clock starts over the summer and the deadlines pass, who does the family contact? It seems like OSSE has a mediation process but is that the first or last step?

Thank you so much!!

It seems like you're getting ahead of yourself. It sounds like the school has been raising concerns and the family is only now considering agreeing to an evaluation. Why assume the school won't get it done on time when they initiated and the family is the one slowing down the process?

Because i typically expect the worst. And special ed lawyer earlier on this thread said the school would say it's not possible over the summer, which they did, when I asked yesterday.

So now I'm trying to figure out what the family could do at Mary's Center in the interim.