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Old 11-10-2011, 04:19 PM
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Iep

Well it has been three years since the schools evaluated my daughter for learning disabilities and of course they want to re-evaluate her. My question is if I deny them the right to re-test her can they take away her services or will they stay the same. The school always tries to take away services and I have to fight them. I was wondering if I just said no what would happen.
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Old 11-10-2011, 07:31 PM

RE: Iep

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2 of my 3 kids had an IEP, we never had to fight for services. the school was very easy to deal with. one kid was tested every year and the other was every 5. i never refused the testing because it was only for the good of the child. i would assume from the paperwork, if you refuse the services end ASAP. the testing is required by the state in order to continue the funding for the special services the IEP provides. as for the rights and responsibilites. it should say in that packet.
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Old 11-10-2011, 08:23 PM

RE: Iep

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It should say in your services and rights packet. We had our annual ARD to go over our IEP for one of mine yesterday. I've never had an issue with them wanting to deny any service and I have had 4 children in the system. The only issue we have ever had was the other way around, and they want to provide too much service.
I'm pretty sure if you refuse testing, then they will cancel services within 5 days.
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Old 11-11-2011, 09:59 AM

RE: Iep

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Thanks for the information. My daughter had birth trauma and as a result has brain damage. It seems unfair she has to be retested every year. She has been diagnosed as OHI (other health imparment and Brain damaged with her Pediatrician. I want her services to remain the same. Last time they retested her they tried to take away math services. Long story short I had to take her to a developmental pediatrician and fight them. They gave her math service under the guise of reading help..because state law would not let her qualify for math service, because of test scores. Her aims test in math was so bad she did not even hit approaching. So I guess I was right about her needing help.
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Old 11-11-2011, 10:48 AM

RE: Iep

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IDEA (the federal law that establishes the IEP process) provides that the local school districts must evaluate a student's eligibility for SPED services a minimum of once every three years, but our district would try to get out of paying for testing by just having the SPED teacher prepare a report that discussed DS's current levels and that he would continue to benefit from SPED services. I think IF both parents and school agree to this, then that can constitute the three year re-evaluation. I rather the district provide the testing for my son, since that helps provide baseline info regarding his skills and abilities that later tests can be compared against for progress.

I highly recommend the Wrightslaw website, it is run by a SPED attorney, and they have lots of answers to FAQs on their website and in their books. Definitely the first place I check whenever I have an IEP or SPED services question (and I was an attorney before I became a Special needs parent).
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