Ann,
You have asked three important questions:
1. What do we do when the IEP expires and there has been no meeting or evals completed?
2. What do you think about the evaluator and the Sped manager having the same address? It is a single family home, by the way, but we have no idea what their relationship is.
3. Should we just let it go at this point and see what the evaluation by the new person reveals?
I’m going to try walking through the Massachusets regulations and explor just how those regulations answer you first question. Then, I’ll try to answer your last two questions.
We can presume that both you and the school suspect your daughter’s current IEP does not meet her unique educational needs. This is because the school’s teacher alerted about your daughter’s educational performance being below grade level in core subjects, and because the [IEP] team decided a three-year reevaluation is necessary.
Although we are using the Massachusets regulations here, a parent in any state can usethe same analysis technique. Remember that each state department of education must carry out the IDEA and the federal regulations.
You asked: What do we do when the IEP expires and there has been no meeting or evals completed?
I think the significance of your question is whether your daughter’s IEP will be appropriate for her at the beginning of the next school year. You put it a little differently by asking “what do we do when the IEP expires and there has been no meeting or evals completed?”
Your question goes right to the heart of the purpose of an IEP.
First, both the federal and the Massachusets special education regulations require that at the beginning of each school year, a public agency (your school district) must have an IEP in effect for each child with a disability within its jurisdiction.
But does that mean any old IEP will do? No.
We know that to be true because the Massachusets regulations and the IDEA tell us what the purpose of special education (an IEP) is. In Massachusets the regulation tells us the purpose:
The purpose of [the special education regulations] is to ensure that eligible Massachusetts students receive special education services designed to develop the student's individual educational potential in the least restrictive environment in accordance with applicable state and federal laws. (MA 28.01 (3):Authority, Scope and Purpose)
NOTE: the word potential in the Massachusets statement of purpose is not in the IDEA. Massachusets may be unique among the states for requiring special education to develop a student’s individual educational potential.
Now that we know what Massachusets declares as the purpose of special education, we can look at just what an IEP is.
[An] Individualized Education Program (IEP) shall mean a written statement, developed and approved in accordance with federal special education law in a form established by the Department that identifies a student's special education needs and describes the services a school district shall provide to meet those needs. (MA Education Laws and Regulations 603 CMR 28.00: 28.02 (11): Definitions)
In addition, the Masachusets regulations tell us:
(Special education shall mean specially designed instruction to meet the unique needs of the eligible student or related services necessary to access the general curriculum and shall include the programs and services set forth in state and federal special education law. (MA Education Laws and Regulations 603 CMR 28.00: 28.02 (20): Definitions)
And this relates specifically to your question: What do we do when the IEP expires and there has been no meeting or evals completed? Why? Because your daughter’s current IEP has expired and the school has admitted that her current IEP may not meet her unique needs.
First, let’s look at whether the school has a time limit for completing the reevaluations. We know the federal and Massachusets special education regulations have a 60 day time limit for initial evaluations. I don’t think that same time limit applies for a 3-year reevaluation. The important question is whether your daughter’s current IEP is appropriate because of the school teacher’s alert and the team’s decision to reevaluate. In your situation the time limitation is set by the requirement that each eligible child must have an appropriate IEP at the beginning of each school year.
The federal regulations tell us that at the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in § 300.320. (34 CFR § 300.323(a))
So we can say that each eligible child in Massachusets must have an Individualized Special Education Program (IEP) in effect at the beginning of each school year. And, we can also say the IEP at the beginning of each school year must meet the unique educational needs of the child. In other words, the IEP at the beginning of each school year must be appropriate for each specific eligible child.
So what does that mean for your daughter? If the current IEP is suspected of not being appropriate, does the school get a “pass” just because the reevaluations are not completed and the clock is running out on this school year? I don’t think so!
What are the alternatives? For starters, the school district could continue the reevaluation and IEP development after this school year ends. I do understand the school will probably resist working during the summer. And that is where your parent advocacy skills will be important.
You could suggest that you could ask for a due process hearing. Threats, though, sometimes do have unintended consequenses. Your daughter will be in the 3rd grade next year and that means you must work with this school district for a longtime to come. If you have a decent working relationship with this school district you can gently let it know it is in trouble. And, you can also let the school kow you are willing to work with the school to get the evaluations completed and another IEP written before the new school year begins.
The best way to do this is by writing the school a short letter (not an email message). In your own words, say you know the school is running out of time and that you are willing to be reasonable and get the reevaluation completed and an IEP written during the summer.
What advantage does this strategy give you? It avoids a knock-down-draggout confrontation and creates a paper trail for your daughter’s education records that shows you are being reasonable while insisting that your daughter enters the next school year with an appropriate IEP. If the school does not take your reasonable offer then your position is stronger if you do need to ask for a due process hearing.
You asked: What do you think about the evaluator and the Sped manager having the same address? It is a single family home, by the way, but we have no idea what their relationship is.
I think people can live with whom they choose. I didn't mean that to sound trite. This isn’t the real problem in your second question. The real problem is the licensing question and whether a conflict of interest is present because the chosen evaluator lives with the special education manager who, I presume, is managing your daughter’s special education program.
If doing the evaluation requires a state license, and the evaluator does not hold a current license, then any evaluation that person performed would be subject to being thrown out by a hearing officer at a due process hearing. Too, performing an evaluation under those circumstances might subject that evaluator to Massacusets laws that have nothing to do with special education.
A conflict of interest could exist in the circumstances you describe. The person who chooses the evaluator (the special education manager) choses someone who lives at her address raises the question. But in some circumstances a perception or appearance of a conflict of interest is enough to “conflict out” a potential evaluator.
You were wise to check up on that psychologist.
Your last questions is: Should we just let it go at this point and see what the evaluation by the new person reveals?
I would let it go and let the school district or licensing board deal with the psychologist. Regardless of whether that person holds a valid license is not an issue for your child’s evaluation now because the school chose another evaluator. Keep your attention focused on getting what your daughter needs in an appropriate IEP. That is the goal.
I hope this information is useful and answered your question. If not, let me know and I’ll take another stab at it.
Thank you for your well written and thoughful questions.
brice
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