Special Rules for Initial Evaluation of Wards of The State ( Dixie R. Galvez) 16085E Lancashire Dr. 33470. U.S.A Palm Beach ( Dixiergalvez@gmail.com)

 Special Rules for Initial Evaluation of Wards of the State:

If a child is a ward of the state and is not living with his/her parent:

The school district does not need concerns from the parent for an initial evaluation to determine if the student is a student with a disability if:

1.) Despite reasonable efforts to do so, the school district cannot find the students parent;

2.) The rights of the parents have been terminated in accordance with state Law; or

3.) A Judge has assigned the right to make educational decisions and to consent for an initial evaluation to an individual other than the parent.

Ward of the state, as used in the IDEA, means a student who, as determined by the state where the students lives, is:

1.) A foster child unless the child has a foster parent who meets the state definition of a parent;

2.) Considered a ward of the state under state Law, or

3.) In the custody of a public child welfare agency.

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Parental Consent for the Initial Provision of Services:

Your school district must obtain your informed consent before providing special education and related services to your child for the first time.

If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, your school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the special education and related services ( recommended by your child IEP team) may be provided to your child without your consent.

If you refuse to give your consent for your child to receive special education and related services for the first time, or if you do not respond to a request to provide such consent and the school district does not provide your child with the special education and related services for which it sought your consent, Your school district:

1.) Is not in violation of the requirements to make a FAPE available to your child for its failure to provide those services to your child; and

2.) Is not required to have IEP team meeting or develop an IEP for your child for the special education and related services for which your consent was requested.

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Parental Consent For Specific Actions

The school district must obtain your consent for the following specific actions if included in your child´s IEP, Unless your school district can demonstrate that it took reasonable steps to obtain your consent and you did not respond.

These Actions Include:

1.) Administration of the alternate assessment and provision of instruction in the state standards access points curriculum.

2.) Placing your child in an exceptional student education center, except in the circumstance of a placement in an interim alternative education setting for violation of the districts code of student conduct related to weapons; possessions, use or sale of illegal drugs; or infliction of serious bodily injury upon another person ( its explain in the Manifestation Determination, Special Circumstance and Determination was a manifestation of the students Disability.

If the school district decides there is a need to change your child  IEP as it relates to the actions describes above, The school must hold an IEP meeting that includes you. The school must provide you with a written notice of this meeting at least 10 days before the meeting indicating the purpose, Time and Locations of the meeting and who, by title or position, will be attending the meeting. Once you receive this notice, You and the district may agree to meet earlier.

If you refuse consent, the school district may obtain approval for these actions through a due process hearing. During the due process resolution period and while waiting for the decision of any impartial due process hearing or court proceeding, unless you and the school district agree otherwise, your child must remain in his or her current educational placement

(Read the Due process Hearing request Procedures)

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Parental Consent For Reevaluations:

Your school district must obtain your informed consent before it reevaluate your child, unless your school district can demonstrate that;

1.) It took reasonable steps to obtain your consent for your child reevaluation; and

2.) You did not Respond.

If you refuse to consent to your child reevaluation, the school district may, but is not required to, pursue your child reevaluation by using the consent override provision of mediation or due process. As with initial evaluation, Your school district does not violate its obligation under Part B of the IDEA if it declines to pursue the reevaluation in this manner.

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Documentation of Reasonable Efforts to Obtain Parental Consent:

Your school must maintain documentation of reasonable efforts to obtain parental consent for initial evaluations, to provide special education and related services for the first time, to reevaluation, and to locate parents of wards of the state for initial evaluations. The documentations must include a record of the school district attempt, such as:

1.) Detailed records of telephone calls made or attempted and the results of those calls;

2.) Copies of correspondence sent to the parents and any responses received; and

3.) Detailed records of visits made to the parents home or place of employment and the results of those visits.

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Other Consent Requirements:

Your consent is not required before your school district may:

1.) Review existing data as part of your child evaluation or a reevaluation; or

2.) Give your child a test or other evaluation that is given to all students unless, before that test or evaluation, Consent ir required from all parents of all students.

Notes:

In Florida, a parent must provide signed consent for a student to received instructional accommodations that would not be permitted on the statewide assessment and must acknowledge in writing that he or she understands the implications of such accommodations. Your school district may not use your refusal to consent to one service or activity to deny you or your child any other service, benefit, or activity.

If you have enrolled your child in a private school at your own expenses, or if you are home schooling your child, and you do not provide your consent for your child initial evaluation or your child evaluation, or you fail to respond to a request to provide your consent, The school district may not use use its consent override procedures of mediation and due process and is not required to consider your child as eligible to receive equitable services ( Services made available to parentally placed private school students with disabilities.

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Independent Education Evaluations:

34 CFR section 300.502

General

As describe below, you have the right to obtain an independent educational evaluation (IEE) of your child if you disagree with the evaluation of your child that was obtained by your school district. If you request an IEE, The school district must provide you with information about where you may obtain an IEE and about the school districts criteria that apply to IEE.

Definitions:

Independent Educational Evaluation (IEE) means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of your child.

Public Expense Means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you.

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Parent Right To Evaluation At Public Expense:

You have the right to an IEE of your child at public expense if you disagree with an evaluation of your child obtained by your school district, Subject to the following Conditions:

1.) If you request an IEE of your child at public expense, your school district must, without unnecessary delay, either:

a.) Provide an IEE at public expense, or

b.) File a due process hearing request to show that its evaluation of your child is appropriate; unless the school district demonstrate in a hearing that the evaluation of your child that you obtained did not meet the school district criteria.

3.) If your school district requests a hearing and the final decision is that your school district evaluation of your child is appropriate, You still have the right to an IEE, but not at public expense.

3.) If you request an IEE of your child, the school district may ask why you object to the evaluation of your child obtained by your school district. However, Your school district may not require an explanation and may not unreasonably delay either providing the IEE of your child at public expense or filing a due process complaint to request a due process hearing to defend the school district evaluation of your child.

You are entitled to only one IEE of your child at public expense each time your school district conduct an evaluation of your child with which you disagree.

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Parent Initiated Evaluations:

If you obtain an IEE of your child at public expense or you share with the school district an evaluation of your child that you obtained at private expense:

1.) Your school district must consider the results of the evaluation of your child. If it meets the school district criteria for IEE, in any decision made with respect to the provision of a FAPE to your child and

2.) You or your school district may present the evaluation as evidence at a due proces hearing regarding your child.

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School District Criteria:

If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district uses when it initiates an evaluation (To the extent those criteria are consistent with your right to an independent educational evaluation). Except for the criteria described above, a school district may not impose conditions or timelines related to obtaining an IEE ar Public Expense.