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Kids With Special Needs and Disabilities
Reply to "Cracking the code—why labels don’t matter so don’t drive yourself crazy"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]who diagnosed your child with ASD and ADHD? Have that person put it in writing. You need to get the diagnosis changed. Check out Wrightslaw.com and arm yourself with knowledge. You have every right to get it changed.[/quote] It is in writing from three different neuro development Dr s. Each form was excluded because they don't have e to accept the outside evaluation they recommended. I fought for the change in label but they won't do it.[/quote] Yes,[b] this sounds like the arrogance of schools.[/b] Did you get a lawyer involved? We found the school listened a lot better when they knew a lawyer was involved. [/quote] How do you find an educational lawyer?[/quote] No, it's the law. The public schools don't have to accept any outside diagnoses made by anyone. A lawyer is extremely expensive. Do you really want to hire one just to get "Other Health Impairment" or "Specific Learning Disorder?" Most lawyers may consult with you for a nominal fee, but they will not review your case unless you give them a retainer, which is big bucks and in this area will run you ballpark $4,000 to $5,000 at a minimum, non-refundable. If you are hell bent on changing the designation, I'd probably go with an advocate first b/c it will be much less expensive.[/quote] From WRIGHTSLAW: "[b]Consideration of parentally obtained evaluations by the IEP team is not discretionary, it is mandatory.[/b] 34 C.F.R. 300.503(c) ("If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) Must be considered by the public agency in any decision made with respect to the provision of a [free appropriate public education] to the child."). (Emphasis added). When a parent presents an independent evaluation to the school district, the IEP team is required to consider the evaluation. This does not mean that the school district must accept the findings or recommendations in the IEE. It does means that the IEP team must review the IEE, and discuss it as appropriate. In this regard, the requirements placed on school districts are fairly minimal. [b] However, a United States District Court in Maryland ruled that an IEP team's failure to consider the private evaluations submitted by the parents was such a serious violation of the IDEA that this alone constituted a denial of a free appropriate public education. DiBuo v. Bd. Of Educ. of Worcester County, slip no. S-01-1311 (Nov. 14, 2001).[/b] - See more at: http://www.wrightslaw.com/info/test.iee.steedman.htm#sthash.RqEAoPGs.dpuf[/quote]
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