Reply to MCPS - Released from special Ed

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[quote=Anonymous]Wrightslaw is a good source of information about IEEs.  
See more here: https://www.wrightslaw.com/info/test.iee.steedman.htm

"When the student’s parents disagree with the school district’s evaluation and request an IEE at public expense, the school district must pay for the IEE or request a due process hearing. 34 C.F.R §300.502(b)(2). In other words, the school district cannot simply refuse or ignore the parents' request for an independent evaluation. If the school district decides to request a due process hearing, it must do so “without unnecessary delay.” 34 C.F.R §300.502(b)(2). Failure to request a due process hearing in a timely manner, may result in a waiver by the school district to challenge the parents’ request for an IEE. See Pajaro Valley Unified School District v. J.S., 2006 U.S. Dist. LEXIS 90840 (N.D. Cal. 2006).

If the school district requests a due process hearing, it has the burden of proof and must prove to a hearing officer that the school evaluation was sufficient. Even if the school district does not conduct an evaluation, the student’s parents may be entitled to an IEE at public expense if the school district refused to conduct evaluations. Haddon Township Sch. Dist. v. New Jersey Dept. of Edu., 67 IDELR 44 (N.J.S.C. 2006). "

The bottom line is that a parent can request one and the school must provide it unless the school requests a "due process hearing" to show that the evaluation was sufficient.  I haven't reviewed the case law recently, but AFAIR, the parent merely had to disagree with the result, not prove that there was something wrong or missing.

OP, you have several points of disagreement -- you disagree with the IQ evaluation because it does not comport with what you see at home and because you think that it may be skewed by a lack of appropriate identification and instruction over the years (Matthew effect).  You also disagree because no evaluation was done for ADHD or ASD.  The team is obligated by IDEA to evaluate in all areas, and they have not.  Even if the team could justify in a due process hearing that their evaluation is sufficient, they didn't evaluate at all for ASD and ADHD so you should be entitled to IEE in those areas.

See more here: https://www.wrightslaw.com/info/test.index.htm
and here https://www.wrightslaw.com/info/tests.evals.crabtree.htm

TBH, if you write a letter saying you disagree with the assessment and are officially requisition an IEE, and the school requests a due process hearing, you may need a lawyer to help you through that.

Or you can try to contact a Parents Place of Maryland and get some free advice about navigating the process.

MCPS website has info about your parental rights here, but contains no specific information about how to ask for an IEE.  It is probably enough to write to the person who is chairing your IEP meeting to say that you are requesting an IEE and can she please get back to you with information about process/approval.

https://www.montgomeryschoolsmd.org/departments/special-education/common-questions/parental-rights/
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