Can a school disreguard an outside evaluation without doing it's own testing?
My son was recently diagnosed with Asperger's, an autism spectrum disorder, as the result of a psychological evaluation for depression. The evaluation was based on his past history from MD, OT, teacher report, observation, and parent report. Can a school district totally disreguard the testing without doing testing of it's own?
The school maintains his social interaction is better, but still one to one at 7 yrs old. He is well liked by others but doesn't engage activity unless asked to. The school is refusing intervention at this point. Help what can I do?
- AnnieLv 61 decade agoFavorite Answer
Ok, there is a lot here. First, school systems do not have to accept the findings of testing or evaluations from outside sources when considering if a child needs or qualifies for special education. They can use those findings as a reason to begin testing within the schools if they feel the findings and the child's behaviors/needs within the class support the need for school testing. It sounds like while your son has been diagnosed with Asperger's he is actually already functioning very well in his current school setting. If there are other areas where he is experiencing problems (sensory issues, needing direct help to stay on task and complete work, etc.) than I would most certainly put in a formal request for testing by the school department. However, keep in mind that even if they test and agree with the dianosis of Asperger's, that does not garuntee your son will be placed on an IEP or 504. Children need to show delays of at least 20% in three out of five areas (generally) to qualify for an IEP. If your son is socializing, is working at grade level, has no major speech or communication issues and does not need PT or OT, he may not qualify. Contact the school departments office of special education to formally request the testing. When you do, request they send you a copy of your parent and student rights..it will explain the process, give you the time frames that they have to work in as well as explaining the process used to determine if the child needs special education services.
- KEDLv 41 decade ago
Yes, they most certainly can disregard the test, especially if it was done at an out-of-district school. You do have the right to have him tested at the school, and can request it through the principal of the school. If you have no luck with that contact the school district and try to arrange it through the head of the special education program. You will have to persuade them that there is good reason to investigate it though.
What you have to consider though, is the implications of this testing for your son. If he is functioning well in school as is, then perhaps it is better not to fix what isn't broken. If he is considerably below grade level on his work then his participation in an inclusion class might help him. If he is just a little way below, it might hurt him more than help him. I have worked in enough of these classes to know that the vast majority of the time these classes include students that have behavioral problems...and in such a case it might not be beneficial to your son to be a participant. It can be extremely disruptive, and the different levels of functioning vary a lot more in these classes then they do in regular ed. If you are serious about your child getting a good education, and he has the ability to do so in a regular education classroom..I would advise that you try to continue it. Special ed..should always be a last resort. I see many children that are put in special education classrooms because they have trouble in one or two subjects, and they rarely fare as well as they did in regular ed. If this is your sons case..consider hiring him a tutor with special education experience instead of putting him in a special class.
To be honest, I think this may be the reason that the school is refusing intervention. The last thing you want to do is have your child labelled as a special ed child in the school system unless it is absolutely necessary. It will carry a stigma for him throughout his entire education. If he has any kind of social problems at all already..they will certainly not improve if he is put into special ed. In fact, I would almost bet money on the fact that the social aspect of his life would move towards a sharp decline.
- queenrakleLv 51 decade ago
Write a letter to the director of special ed in your district, requesting a child study team evaluation. They cannot turn you down, and must evaluate your child. If you do not feel that the school's evaluation was done properly, you can request an independent evaluation, which the district also cannot turn down, and cannot make you pay for. A lot of times districts make an excuse not to give services b/c they don't have the money. Since it is hard to give the whole story on one of these boards, I would also suggest that you get in touch with a local advocacy group that will get more information and be more familar with your district's policies and the state laws. Good luck!
- Anonymous1 decade ago
Since you don't mention it, I assume there's no academic problem.
If that is the case, the school is correct. More often than not, when there's a problem, its the system, not the child or parent.
That is not the case here, based on what you said. The law entitles children to REASONABLE accomodation--what is needed for the child to learn effectively. That does NOT mean an automatic entitlement to special needs, therapy, etc.
That does not mean your child wouldn't benefit from continued counselling, etc. But since it doesn't interfere with school, its not their responsibility. And in that case, yes, they can disregard the outside testing.
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- chellykLv 51 decade ago
Yes they can and then as a previous responder said you tell them you want an evaluation. In Illinois there are 4 criteria for na autism diagnosis on an IEP and a diagnosis from a medical professional is the optional one(go figure)
- kamsmomLv 51 decade ago
Go around the school system....Don't you have a service coordinator ?? She should be able to help you with the IEP. In NY state parents are included in any decisions made about the education plan of a child with special needs. Good luck
- ghilLv 44 years ago
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- starrrrgazerLv 51 decade ago
Try posting this on the Special Education Plans message board at ivillage.com