Ali: My son has had a speech IEP since 2013 but was never given any psychological testing. We requested a psychological evaluation on 9/2/15 but the school psychologist stated that she does not have to do it within 60 days. He is experiencing some deficiencies in Math/Writing. Any way to expedite this process?
I submitted a formal request to the school district to have my son tested for IDEA prior to the pandemic, and completed the paperwork packet from the school. I recently withdrew him, to homeschool. Is the school still required to perform the requested testing?
Yes, it is part of the childfind requirement that all districts have. After the testing, if the child qualifies, the district should offer services to address the child’s needs. The parent can then accept or not accept services.
Yes, but you may need to reach out to them again.
Kanisha, You need to be flexible re: timeline to evaluate but if you do nothing, the school may forget about your request. The US Dept of Ed did not relieve schools of the responsibility to evaluate children for special education.
Suggest you write a short letter to the effect that you originally requested an evaluation on XXX DATE and are requesting a progress report. Attach a copy of your original request.
Check your state special ed regs for the timeline to evaluate in your state. These timelines vary around the country, from 45 calendar days to 60 school days. Some school districts have been evaluating kids for several weeks — much depends on whether COVID is under control in your community.
A quick easy way to get your state’s special ed regs is to go to the Wrightslaw Yellow Pages for Kids site, for your state. The first entry on each State’s page goes to that state’s special ed regs.
You may want to bookmark your State page because the Wrightslaw Yellow Pages for Kids site includes listings for educational consultants, psychologists, educational diagnosticians, health care providers, academic therapists, tutors, speech language therapists, occupational therapists, coaches, advocates, and attorneys for children with disabilities.
You’ll also find special education schools, learning centers, treatment programs, parent groups, respite care, community centers, grassroots organizations, and government programs for children with disabilities.
Ali, in the federal special ed law (IDEA) the timeline to complete an evaluation for special ed is 60 days BUT states have the option of choosing a different timeline.
Get a copy of your state special ed regulations to find out the timeline in your state. Contact info for your state is on the Yellow Pages for Kids site. Go to https://www.yellowpagesforkids.com/
click you state. We have links to most state regs on that state’s page.
I am in a situation where we have been told that the evaluation has start however due to the current COVID-19 virus they cannot complete the evaluation. We have been given zero information on how the district plans to address this. The 60-day limit was reached in the second week of May. From what I read the districts are still responsible for meeting this obligation or developing a mutually agreeable timeline. Any advice?
Document what has happened, & what happens in the future in your records, & emails to the school asking about the testing. The school likely does not know when face to face testing will be allowed, but they can at least tell you this.
Some districts & states take the position that if a student is currently under an IEP & additional testing is requested that the 60 day timeline does not apply. IDEA regs do not address this issue. My suggestion is to send a written request to the sp ed office requesting the testing & explaining the deficiencies that you are seeing. Document the psychologist’s comments. The state’s dispute resolution options are available to you.