Reply to School wants to switch from IEP to 504

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[quote=Anonymous][quote=Anonymous]Hi All - OP here. Thank you thank you for your help! To answer some questions, yes, we switched LEAs. I was trying to keep it simple and didn't realize that detail made a difference. We went from DC charter to DCPS. The designation on the IEP is ASD (not DD). Wrightslaw.com is my new homepage...but its a lot to weed through. I think I need to order the book. We are definitely prepared to hire an advocate if necessary, but would rather save the $$ for another date in the future (since I have no doubt this will be an ongoing issue).

It sounds like, because its a new LEA, they have the right to reevaluate the IEP and could even say he is ineligible for spec ed IF they do a re-eval. We were supposed to have the IEP meeting 30 days after he started at the school, but they instead scheduled it for mid-December. I think they are taking the time to do evals by their people. The evals on which his current IEP is based are not even a year old. I guess we'll hire an advocate. I have seen some names on the other threads. Thanks again all. Please keep chiming in if you can cite any specific IDEA stuff for me!!

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They have to get your consent for any new evaluations used to determine eligibility.  Not for assessments used to determine goals, but if they're challenging eligibility, they can't proceed with evals without your consent on those, so they can't go behind your back on that front. And they still can't repeat some of the assessments, and the old assessments are still valid if within a year, so they can't just disregard. As others have suggested, I'd get an advocate now - may head this whole thing off.

interestingly, wrightslaw says moves between school systems in the same state doesn't prompt an automatic opportunity to evaluate.  An re-evaluations are limited to no more than once a year (possibly unless everyone agrees otherwise, I forget).  So I'm not actually at all sure they're entitled to reevaluate at this point (assuming eligibility decision was less than a year ago).
http://www.wrightslaw.com/info/iep.change.schools.htm[/quote]

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