When are IEPs required?

[Anonymous]

When are IEPs required? My DD has documented learning issues but I would like to enroll her in our neighborhood public school. Can I request an IEP before enrolling her in the school to make sure her education will be in line with what her evaluations state her needs are?

[Anonymous]

You can absolutely request to meet with the school system, have them review the evaluation, complete any additional evaluations, and make an eligibility decision. If she's eligible they can write an IEP that will be in effect on day 1. However, if her issues are not severe, it is sometimes difficult to find a child eligible without documentation that the issues impact her in a public school classroom. Is she in private now?

[Anonymous]

If your daughter is under the age of 5, it is easier to qualify for an IEP than it is once she reaches the age of 5. So, if you are considering an evaluation, this is something to keep in mind. You can get a lot of good feedback on IEP issues in the special needs forum. Basically, your daughter has to have a qualifying diagnosis and her learning issues have to or have the potential to adversely impact her ability to learn.

[Anonymous]

OP here. Coming from a private that has indicated they do not think they are a good fit for my child. This is not a behavioral issue, but a learning one. We looked at public when my child was 6 and got a strong sense of "enroll her and then we will assess." Due to our experience with our school now, we are re-thinking our decision but would really like to know if DCPS will take the issues seriously from the get go and how to make them assess her now for a next fall start date. Thanks for the advice.

[Anonymous]

OP, I don't know DC, but in MCPS, what you would do is call the principal of your home school and request an evaluation. Again, I'm sure some folks on the Special Needs board could give you advice regarding DCPS and even your particular school.

[Anonymous]

You probably want to post on Kisd with Special Needs to get clairification on getting an assessment while you are enrolled in a private school - but a DC resident.

[Anonymous]

I assume this is for placement starting in Fall 2015? In January or February of this year, you should submit the necessary paperwork to the PRO office: http://dcps.dc.gov/DCPS/In+the+Classroom/Special+Education/Children+Who+Attend+a+Private+or+Religious+School

Make sure you have documentation of her learning challenges, how those challenges affect her ability to access the curriculum, and what accommodations/specialized instruction you think will be necessary. After you submit that, DCPS has 120 days to complete evaluations (if additional evaluations are necessary) and schedule an IEP eligibility meeting. The principal and LEA of your local school will be part of that meeting. Assuming eligibility is established, you will then have another meeting to discuss the specific services that will be provided.

Many people find it useful to work with an advocate, although of course that's not necessary or required.

[Anonymous]

How old is your daughter? 5 or under? Then you can contact Early Stages for an eval.

[Anonymous]

Money money money money --- MONEY!

[Anonymous]

+1

[Anonymous]

What is your IB school? We all may have experience with the process. I will tell you that DCPS doesn't have to accept outside evaluations. Best to get the ball rolling with the school soon.

[Anonymous]

Ask the school for an evaluation for special ed. They will have 120 days to implement it.

[Anonymous]

Don't call, write. A written letter triggers a timeframe no matter what state you live in, due to the fact that all states are operating within the federal IDEA law.

You absolutely can have the entire IEP process before you formally "enroll" in school. States have an affirmative obligation under federal law to find and serve all disabled kids in their jurisdiction. School systems must even provide some kinds of services to kids who are enrolled in private school (like speech or occupational therapy, although these are often hard to get and arrange the logistics of). So, if some school official is telling you that you must be "enrolled" in the public school to start the IEP process or receive services, they are WRONG.

Send a letter to the principal that says that you want to return your child to the public school system and are requesting an IEP for her. To get the IEP, you must state three things -- 1) disorder, 2) adverse impact and 3) need for special education. It helps if you can briefly outline these in the initial letter.

[Anonymous]

Anonymous wrote:What is your IB school? We all may have experience with the process. I will tell you that DCPS doesn't have to accept outside evaluations. Best to get the ball rolling with the school soon.

What do you mean by DC doesn't have to "accept" outside evaluations? Did someone in your process tell you this as a way of rejecting your information?

Under federal law, all school systems must allow independent educational evaluations and in some circumstances when the parents have followed the appropriate process even pay for the IEE. The IEP team must "consider" these independent evaluations. A school system may have certain minimum requirements to "consider" the outside evaluation, but it can't tell you who to use. For example, in MoCo, the tester must be licensed, only certain kinds of testers are considered "valid" for certain areas (like licensed SPL is the only type of provider whose input will be considered on speech problems and neuropsych or sped teacher is only assessor that will be considered for reading achievement) and the assessor must provide a written report.

A school may not agree with an outside report or do exactly what is recommended but if they reject it out of hand even though it meets the minimum regulatory standards of the state, then the school is setting themselves up for a complaint, or a FAPE case. This is particularly true if the outside report contains hard data like standardized, normed test results. For example, if the standardized testing results indicate that Larla is performing at the 8th percentile in reading, then DCPS can't really say, "we think Larla is reading just fine," particularly if Larla's IQ is 1 1/2 standard deviations above the 8th percentile.

Def post under special needs, you will get detailed feedback there.

[Anonymous]

Relax PP, what I meant is that you can't take an outside evaluation into your local school and say "this child needs an IEP." The process is longer than that so OP should get on the ball now for her child to have the proper set up in the fall.