Re: SD refusing to provide testing protocols

[Guest guest]

From what I understand they are required to provide the final report to you prior to ARD for you to inspect and go over. I would let them know that the law requires that the final report be sent to you prior to ARD and you expect them to follow the law. Mine sent ours about 4 weeks ahead of time (remembering Christmas break was in there

Carolyn

To: Texas-Autism-Advocacy Sent: Thu, January 13, 2011 10:16:29 AMSubject: SD refusing to provide testing protocols

My son is going thru his 3 year FIE and his ARD is coming up in feb. I requested just the names off all the formal tests they are doing but they denied my request saying I can't see them until the ard when the final report is done. I requested in writing. I want to make sure they are doing all the appropriate tests in all suspected disabilities. I dont have much faith i them sorry to say So do I have to wait or am I entitled to this info prior to the ard and them completing the testing? Sent from my iPhone

[Guest guest]

You should have been given a consent form to sign listing all testing to be done. There is no reason why they wouldn't provide you that information.Tommy

My son is going thru his 3 year FIE and his ARD is coming up in feb. I requested just the names off all the formal tests they are doing but they denied my request saying I can't see them until the ard when the final report is done. I requested in writing. I want to make sure they are doing all the appropriate tests in all suspected disabilities. I dont have much faith i them sorry to say So do I have to wait or am I entitled to this info prior to the ard and them completing the testing?

Sent from my iPhone

[Guest guest]

They may not have known which batteries they were giving. They may not have to give you the actual protocols, but they should be able to tell you the names of the tests they are using now to complete the assessment.Thanks,AdinaSent from my iPhone

You should have been given a consent form to sign listing all testing to be done. There is no reason why they wouldn't provide you that information.Tommy

My son is going thru his 3 year FIE and his ARD is coming up in feb. I requested just the names off all the formal tests they are doing but they denied my request saying I can't see them until the ard when the final report is done. I requested in writing. I want to make sure they are doing all the appropriate tests in all suspected disabilities. I dont have much faith i them sorry to say So do I have to wait or am I entitled to this info prior to the ard and them completing the testing?

Sent from my iPhone

[Guest guest]

Request in writing that they give you all requested records prior to the meeting.  It should read something like this:Dear [head of special ed],We have a very important meeting coming up regarding our child _________.  In order for us to have meaningful participation as valuable members of the ARD committee and the IEP team, it is necessary that we review all testing results and interpretations ______days before this meeting. 

In addition, please send any proposed changes to his IEP prior to this meeting.  This information is vital in providing us meaningful participation in the ARD process.Please send these as soon as possible.  Without this information, we nay have to reschedule until such time as we have received a reasonable amount of time to review this information to a level that allows us to actively contribute in formulating an IEP that meets the unique needs of our child.

Sincerely,___________________*****Send this ASAP via mail.  Then the ball is in their court.  They are required by law to allow you meaningful participation, and if they do not give you these things beforehand, they have denied you this right.  Then you can go to the meeting, start your recorder, state they did not provide you these things and therefore denied meaningful participation, and you can call a recess until they do allow you time to preview all the materials.

If they still refuse, you can either have an advocate call them or you can file a complaint with TEA.Remember, they also violate procedure when they throw an already completed IEP at you and ask you to sign on the dotted line without your input or preview. Write " DRAFT " at the top of these if this happens.   I advise parents NEVER to sign the  IEP/ARD document without first taking it home and reviewing it.  You do not legally have to sign.  You can " table " the discussion and take it home to review it first. 

You have a legal right to see any records you request BEFORE the meeting.  If they can't do this, they need to reschedule until they can.  Ask them to site the FEDERAL LAW that states you can't see it until the ARD meeting.  They won't be able to as there isn't one --federal or state, but FEDERAL law always trumps state law. States can grant more rights but not less.  State laws cannot take away a federal right.  so in answer to your question: YES, you are entitled to review ALL educational records prior to the meeting.

If they intimidate you into signing, check " disagree, "   and also be sure to  check the end of each section of the ARD document.  Districts are NOTORIOUS for pre-checking the " parents agree with all items in this section " found at the end of each section.  YOU, the parent should be the one checking off " agree " boxes.  If you sign disagree, they have to re-convene within in ten days.  Make sure they give you a copy of the ARD minutes before you leave any meeting.

Hope this helps.Haven