Special Education/Tech Eval problem


My school says I need a CSe to determine if my son qualifies for a tech Eval.  We requested a tech Eval in writing.

My son has a significant speech delay and loves tech. Everyone has noted this. It's a joke. His tech Eval years ago led to a report withheld and lies. The evaluator recommended much more evaluation.  They lied about this. It's scary. We only found out there was a report last month! This was years ago!

Previously the school agreed to an evaluation but hired a handwriting specialist to conduct it. There were no useful recommendations. This was  at the start of the year. It was ludicrous and they did it to check off they did it. So it's odd now they say we need to see if the team agrees.  They said they had no one qualified. Now after that they say I need a cSe to determine if he qualifies for a tech Eval. It's nervy. What can I do? Is it true I need a Cse to see if it's recommended after they did it twice with nothing????

When you sent the district your letter requesting your son be administered a Tech Evaluation, the district had 15 days to present you with an Assessment Plan. Once you signed this plan, they have 60 days to complete the assessment(s) and report their findings in an IEP (Individualized Education Plan) Team Meeting. The law required that they use assessors qualified to conduct the assessments. It wounds like they failed to meet the law in so many ways.

Some school districts insist that there be a CSE (Committee on Special Education) or SST (Student Study Team) Meeting to determine if the assessment is needed. This is not required by the law; in fact it is not even mentioned.

You basically have three choices:
1. Go along and let them have their CSE Meeting and make sure they use qualified assessor (they have to go find one, if they don't have one.)
2. File with your State's Department of Education what is called a "Compliance Complaint." These are supposed to be used when an IEP has not been properly implemented. In your case they might not accept this.
3. File for Due Process and let a judge educate them. This is costly and time consuming. But it may be your only hope.

Given what they have done wrong in the past, your Due Process case should be very strong (so long as you can prove your accusations).  

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Tim Runner


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.


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.

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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