Reply to MCPS IEP testing

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[quote=Anonymous][quote=Anonymous]It is going to be hard to push the school to do it at this point in the year....so you would really need to be a very strong advocate and escalate the concern up the.chain if they don't agree.   [/quote]

This is wrong. The time in the school year is irrelevant. Schools are obligated under federal law to a certain timeline when it comes to IEPs.

By federal law (isn’t changing anytime soon even under Trump), once a school receives a written request for an IEP evaluation, they have 30 days to schedule the initial IEP screening meeting, then another 60 days to do gather any data and do an evaluation. Therefore, the final IEP eligibility determination must be held no longer than 90 days from your initial request. This timeline does not stop just because the school year ends in June. The only way it can be stopped is if you, the Parent, “wave timeline“, i.e. agree to extend the timeline (which you should only do if it is in your interest and if your waiver is time and purpose limited.”

All school systems have personnel on staff to conduct IEP meetings during the summer in order to comply with this federal timeline.

The one thing a parent should keep an eye on is to make sure that as the end of the school year is approaching, that each teacher fill out the appropriate teacher report form prior to the end of the year. These teacher report forms may have different names, but there’s a typical form that each school system uses to collect the teacher’s observations in preparation for an IEP meeting. You have a right under federal law, FERPA, to get copies of these teacher report forms in preparation for your IEP meeting. IME, school systems often collect the teacher report forms and cherry pick positive observations without disclosing to parents observations that would support the parents desire for an IEP or negative observations that would indicate problems with the student.

In fact, if you want to have an IEP in place for the beginning of the next school year, you should write your IEP request immediately. That way you would have your IEP screening meeting before the end of the year. You could invite any of your child’s current teachers that you think would be supportive in this process and you would have to have your IEP eligibility determination meeting before the end of July (if your letter was dated May 1, for example).

It often happens, no matter what the time of year, that schools are non-cooperative in contravention of their legal obligation. So, you may ultimately need an advocate, but that has nothing to do with the time of year when you request the IEP.
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