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jlwcatdog jlwcatdog is offline
 
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testing/referral to Special Ed
Old 10-17-2012, 07:42 AM
 
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If a parent asks to have their child referred and tested for SPED, can the principal say no? When I taught in SPED, a parent had the right to ask for testing.


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Old 10-17-2012, 09:23 AM
 
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Yes a parent can as for testing at anytime. In Colorado, we have to talk with the parent about why they want the referral. The IEP team can decide the moving forward is not what needs to happen at this time but no mater what you have to talk with the parent. If we say no, we have to state the reasons why--like he's at grade level or something to that affect. In my building, after it goes to the team and if the student is in the RTI process, we talk to the parents about what we're doing and what kinds of things we're looking for and keeping track of. And if then the student is still not moving forward than we'll test.

Hope this helps.
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SPED Referral
Old 10-17-2012, 10:21 AM
 
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It's my understanding that the P cannot refuse a referral to evaluate a student/child for SPED. However, a student shouldn't be referred for SPED if he/she hasn't been provided with good instruction and interventions in the subject areas of difficulty. Response To Intervention (RTI) should be provided for any student who is struggling and may need intervention to ensure being successful. Even if the child/student is receiving instruction under RTI services, you still have the right to request a special education evaluation. Federal regulations all you to request an evaluation at any time. The provision of RTI, alone, is not a valid reason to deny an evaluation to be done.

That's straight from IDEA. Hope this helps.
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Old 10-17-2012, 11:28 AM
 
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In my state we legally need to meet ad a team and talk and look at the child's records if a parent requests it.
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Old 10-21-2012, 08:05 AM
 
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This may vary from state to state, but the LEA can deny a parent request for testing, but must indicate that in a NOREP.. Mediation and possibly a due process hearing my happen if the parent still wants an evaluation


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referral and testing
Old 10-27-2012, 05:13 AM
 
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At the school where I teach, if the parent requests an evaluation, we do it even if the regular ed. teacher doesn't think the student needs it.
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Old 10-28-2012, 01:10 AM
 
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Legally, a parent has a right to request an evaluation. The team is then required to meet with the parent within the set timeline (15 days here). The team together then decides if there is a suspicion of a disability. A request to evaluate does NOT guarantee an evaluation. Different districts interpret IDEA in different ways, I feel it's written a little vaguely in terms of whether the team is required to evaluate.

To answer your question, legally, a principal cannot say no, but the team, which includes parent and principal, can say no. The principal is not his/her own team.
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Old 11-02-2012, 06:12 PM
 
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wanted to add that admin, in my state, can make the final decision if the team has had the meeting and discussed it and is divided. So in that case, if the team has already met, and there is some disagreement about whether to evaluate, the admin can make the decision.
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