Shared Custody and Mom and Dad Disagree about IEP

Becky,

Your issue is one that all schools wish would never surface, that being custody issues that require consent.

As for your particular issue that you describe your husbands refusal to proceed to an evaluation versus your desire to proceed is one that will just have to be resolved thru your respective attorney's.
At some point, one of you is exercising wrong judgment on behalf of your child and the child is the victim here. Therefore you and your husband will need to mediate this and come to some compromise so that both of you can both be happy and help the child. Please note that all the while your child is not being served.

To the extent the school division does not suggest there is a learning issue may in fact be true. The problem may be that the child's interest has come into the middle of a struggle between the two parents. However, should a school division believe there is a compelling learning issue, they have procedural remedies to appeal either of your parental decision's to a third party. Conversely, you as a joint custodial parent, have a right of appeal the same as your husband in this instance. He cannot disallow you this privilege in any way shape or form.

So the bottom line is this: should you feel compelled that you are correct in your belief that your child requires the benefit of special education you may request an evaluation and the school division must act upon this referral. Should they decide an evaluation is not warranted, you may further exercise your procedural rights under the IDEA and that is to file a formal complaint or a due process hearing or request mediation to resolve the differences.

Your husband may have joint custody but he may not devoid you of parental privilege within the requirements and provisions of IDEA.

DRHD

With those test scores, there are definitely red flags for LD's.

Many times schools will simply place the blame on the student, when in fact, test scores show there is a problem.

Your first issue of course, will be to resolve the problems between you and your former husband. However, why don't you talk to him about disagreeing with the school's testing and requesting an Independent Educational Evaluation at public expense? IEE's are almost always more comprehensive and thorough than district testing. Once you put your request in writing, district cannot delay in either granting your request for the IEE or filing for due process to defend their own evaluations. If you go to wrightslaw.com, there is alot of info re IEE's and sped in general.

Good luck!

Diana
www.spedvocate.com