IEPs and Legal Issues

School requested parents pay for testing...

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Joined: Mar 16, 2008
Posts: 2
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Posted Mar 17, 2008 at 10:49:39 PM
Subject: School requested parents pay for testing...

I am writing this for a friend who has a young boy who get pulled out for speech. The mother was called in the other day and was told she need to do private testing on her son, and to call her insurance company to see who in the area would pay for it.

They also told her he is becoming a behavior problem and that they are putting him into a class that is a full time sped room. No inclusion at all. Because the teacher doesn't have the time to work with him.

I know things have changed alot since my kids were in school, but I didn't think they could do that without an IEP meeting, and first trying the least restrictive placement, And furher testing? and is she responsible to find a docotor her insurance company will pay for?

Thank you in advance for you help

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Joined Jul 11, 2005
Posts: 550

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Posted:Mar 18, 2008 7:49:22 AM

This is completely wrong. They cannot unilaterally change his placement without first meeting with the parent and he would need an IEP to enter a contained class or be a danger to other students. His placement needs to be based on his need and the LRE rather than the "teacher doesn't have time".

The school has no right to request that she seek private testing although it is common for schools to want parents to pay if they have insurance that will pay for it. She can turn around and request an Independent Educational Evaluation (at public expense). Make sure she does this in writing.

scifinut mom to: ms 16, bp/adhd/anxiety/complex ld mr. 20, add/dyslexic I hear and I forget I see and I remember I do and I understand. -Anonymous

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Joined Jun 13, 2003
Posts: 134

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Posted:Mar 18, 2008 5:05:07 PM

Pls ask your friend to go to http://millermom.proboards107.com/, they will help her walk thru' the process.

What the school is doing is not right.

Learning Disabilities (LD) and ADHD, Education Support, The*SAFE*Site http://millermom.proboards107.com

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Joined Apr 29, 2008
Posts: 135

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Posted:May 04, 2008 6:04:50 AM


I read your account of your friend's situation with what she was informed by the school staff. If what you described is in fact true, several compliance issues resulted from that discussion. Please note:

1) Asking a parent to proceed to evaluate and to use their personal insurance is not a reasonable request. All parents have the right of refusal to utilize their private insurance for any such requests for any reason. Even children with Medicaid coverage a parent must still provide consent. If the parent truly wants to get contentious, she could do the evaluation and send the bill to the teacher. Then sit back and watch the backsteppin'. Unbelievable.

2) As for the change of placement to a more restrictive setting, yes these are matters addressed thru the IEP process. Should the child be withdrawn from his current schedule without your consent and prior notice, that would not be appropriate. These kind of tactics by school personnel were those experienced in the 60's and early 70's that led to federal legislation and juducial protections for children with disabilities.

In short, a fundamental principle of special education: consent and prior notice is the essence of this issue with your friend. This teacher should no better.


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