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Special Education/technological evaluation

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Question
My son received a technological evaluation in 2nd grade. They told me he didn't qualify. They never sent a report. Fast forward two years when I ask for a reevaluation.  I find out there IS a report from the original evaluation, I never received a copy, no meeting about it and in the evaluation further evaluation was recommended.  What can I do? Thanks.

Answer
Denise,
I assume you signed an Assessment Plan before the school conducted the technological evaluation. I also assume your son has an IEP. If they did not have to sign an Assessment Plan (whether or not he had an IEP) they made a huge procedural error. If you did sign an Assessment Plan, they still made a procedural error in not holding an IEP within 60 days to present you with their results -- even if they were negative.

I suggest you write a letter to the head of special education in your school district (with a copy to the superintendent) stating what happened and asking that your son be evaluated again right away. You also should ask for a copy of the findings and report from the previous assessment (legally you are entitled to this). Tell them you consulted with an Advocate and he said they were in violation of the law and that if they don't do what you are asking for, you should file for Due Process. This is the ultimate weapon, but you shouldn't have to use it. Fax this letter to the district office and get a proof of fax showing that it went through. From here on, do everything in writing. It will show them that you are preparing for Due Process.

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Tim Runner

Expertise

Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.

Experience

I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

Education/Credentials
I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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