RE: Aubrie's IEP

February 22, 2006

You go girl! It is hard in those moments to stick your ground, but clearly

it is necessary!

Do keep us posted on how it works out, how the appt on Monday goes, and post

your arguments for us all to learn from. I am good at getting the knowledge

and putting it out there, but I am not good at insisting that it happen or

else type scenarios. You did it with grace, respect, and quiet confidence,

something we could all learn from.

Kim

> We had the IEP this am in which I asked for an Independent Educational

> Evaluation (IEE) at public expense. I found a ped. Neurodev. Psych and we

> have an appt for an initial consult on Monday. Since this is obviously an

> educational issue, I expect the school to pay for the eval. I have spoken

> with other educational advocates and our state legal agency to make sure I

> am reading the law right and understanding this. So I was confident of my

> argument when I went in. I provided copies of the UK CHARGE Jan newsletter

> with Tim Hartshorne's glossary of CHARGE behaviors. Aubrie demonstrates 5

> of the 10. I also copied 2 articles from s Law about IEEs, and the

> dr's literature on the benefits of a neuropsych eval, etc. The

> administrator offered to pay for the $100 educational report and $150 phone

> consult with the school, but not the $350 consult or $2000 eval. I

> disagreed, let them know we'd go to due process cuz it's that big of a deal,

> and then we argued back and forth a bit until they were speechless. We had

> just spent about 90 minutes discussing all of these attention, focus,

> learning, etc issues and how we didn't understand them or know how to

> intervene, then they are trying to tell me we don't need the eval? Hmmm.

> Then the other admin asked me to put it thru to insurance first. So I let

> her know that it is illegal for her to ask me that. If they ask again, I'll

> make them put that request in writing and promptly forward it to an

> attorney. Can you tell I'm still a bit riled up? But I'm pleased with

> myself for staying calm and focused throughout those difficult moments. It

> got pretty tense. And I'm pleased that my new job has given me the

> contacts, knowledge and opportunity to be prepared for these things. Now

> the admin is busy calling their list of drs to see if any would be suitable.

> My dr is about 4 hours away. They have names within 1 or 2 hours. If any

> of them are good, I am happy to go closer. But I have been searching for a

> few years and hadn't found anyone yet. I was able to give them leeway to

> make other suggestions - that I am not set in my choice. It's the only one

> I've found, but I am open to change if they can find someone that I am

> equally comfortable and confident about.

>

> Gosh, I needed to vent all that! Thanks for listening. When this is all

> said and done, and if I can find the time, I will copy all my info into one

> file to post on the list site in case it is helpful to others down the road.

> We need to be sharing these arguments that we build rather than each

> starting from scratch each time.

>

> Michele W

>

> mom to Aubrie 8 yrs CHARGE, 14 yrs and wife to DJ

>

February 22, 2006

Well- I think I did it with grace, respect, and confidence. I sure tried!

I am so tired lately, my schedule has become overwhelming, my hormones are

crazy... so I was a bit worried about holding together and staying focused.

This schedule is just hitting me this week -- you know how things go in

cycles. It's not a long-term problem, no crisis like I've shared with you

guys in the past, but I was worried about the day. Oh -- part of the

tiredness-- Aubrie's doing well with nighttime pottying -- but it means we

are up in the night so we're both more tired than usual. She is so thrilled

with herself and so committed to being successful that we must continue.

Michele W

mom to Aubrie 8 yrs CHARGE, 14 yrs and wife to DJ

February 22, 2006

Anytime you have anymore IEP questions please email me or call, since I do

IEP goals, Behavioral Goals and help conduct the meetings. The new law states

that unless you are a medical health professional (ie,teachers..ect) you can not

say anything that a child should go to a doctor, any testing done that cost

money. If the school district says anything like that, then they would be

liable to pay for everything. I just had to explain this to a teacher just

today. I

know that this is not what you are wanting to hear. I do attend the Special

Education Law Conferences every year, this year I might not be able to go with

JD's condition.

Bye

, mom to JD

February 23, 2006

-

Thank you for the offer of further support. I will take you up on that!

The administrator mentioned the new law -- where is it in IDEA? Can you

direct me to it? I have s Law IDEA 2004, but I don't know which

section to look in for that.

From further talks today, the admin is willing to pay whatever our ins

doesn't. I know that they can not request or compel us to use insurance.

However, is that in the law somewhere? I don't plan to allow them to do

that. I am still planning for them to pay it all without question.

Right now, the admin is investigating other evaluators because they think

the one I have found is too expensive. They have thru Fri to research other

options and get my approval on an alternative -- in time for me to make a

new appt and cancel the one on Monday. If we can find another that I am

equally comfortable with, I am fine with that. I just wonder if it can be

done. I've been asking and searching for over a year and this was the first

one that I found with an actual positive recommendation and the

qualifications we need.

Michele W

mom to Aubrie 8 yrs CHARGE, 14 yrs and wife to DJ

Re: Aubrie's IEP

Anytime you have anymore IEP questions please email me or call, since I do

IEP goals, Behavioral Goals and help conduct the meetings. The new law

states

that unless you are a medical health professional (ie,teachers..ect) you can

not

say anything that a child should go to a doctor, any testing done that cost

money. If the school district says anything like that, then they would be

liable to pay for everything. I just had to explain this to a teacher just

today. I

know that this is not what you are wanting to hear. I do attend the Special

Education Law Conferences every year, this year I might not be able to go

with

JD's condition.

Bye

, mom to JD

February 23, 2006

Michele,

You are doing a superb job! I remember those (sorry) early days of

negotiations and know that you're on target. Don't forget that! Martha

By the way, my vague recollection is that there's a super special ed

lawyer in IL. I imagine that Andy will remember his name if you need that

kind of help.

February 23, 2006

Oh, yes! If you can remember his name, share! I hope to never need it, but

I'd rather know and never use it than not know. If I wait til I need it,

I'll forget that you have it :-)

Michele W

mom to Aubrie 8 yrs CHARGE, 14 yrs and wife to DJ

February 23, 2006

Sorry, Michele, but Andy just corrected me. The man I had in mind is in

Ohio, not Illinois. We can come up with his name, however, along with the

brilliant distinctly odd woman we used (also out of state). Sharon has

NEVER lost a case - at least the last we heard. But she is a b----to deal

with unless you can put up with not being able to reach her and various

other things. However, once she gets to work, she is a gem. Martha ---

Note: I also have ties with the dean of the U. of Utah law school (unless

he's retired; was one of my brother's best friends oh so many years ago). I

saw him cited in materials in our advocacy office and phoned him. He put

us in touch with the sped person/attorney at the U. of Houston, of all

places, who herself put us in touch with good lawyers closer to us. I

imagaine that he could do the same for you.

I must crash but want to tell you before I do that this is one area in which

you have to do extensive homework. Our first lawyer was the sweetest

man but just wasn't enough of a ....I don't know how to say this --- in our

district, we had to have a bastard or bitch.

Blessed hubby just came upstairs. The Ohio lawyer is J. .

You can research him online. He does travel. Our experience was that

out of state didn't matter and actually saved us a lot of money.

February 23, 2006

I too would love to have that lawyers name .We live in il. and have a

similiar IEP situation.

, 1 yr ago I had a similiar situation.The school wanted us to pay

also,I held firm,due to the expense and their recommendation.Then they came up

with a deaf specialist on their own who did the pscho eval.We took it had to

see what she said, and figured if that we would have it done at our own

expense a year later.Turned out the women saw what I thought and she wrote the

IEP

as we needed it.

This year its a different twist

There is a state run agency,who gets funding to assist parents of children

who are deaf w/ psychological concerns,Illinios Service Resource Center, in

Northbrook, Il. Jackie Marcus,psych.for the deaf. She did the testing. She works

for the schools, and has speciality in our kids areas & issues W/ behavior.

Cheri Sinott also a name there.Email me if You need more.They know me.Diane

L. W/ Mandy She has worked with us alot.

I would love to know who you have found to test your daughter for my files!

along w/ the Lawyer,Thanks ladies.

My best to you,

Diane L. w/ Mandy

February 23, 2006

Michele,

From our local partners training I have a list of web resources...this one

in particular is GREAT...I use it often to copy and present the regulations at

the PPTs when we have a gray area in interpreting the law

www.ideapractices.org

look to the left for law and regulations ...go to the topic section and it is

in alphabetical order...I went to I for independent evaluation and here is what

is there

I think that under General section sub section 3 part ii the definition of

public expense will help you. Nowhere does it say parent use their insurance

first....

I like this site it is easy to navigate

Good luck

Ellen mom to 8

§300.502 Independent educational evaluation.

(a) General.

(1) The parents of a child with a disability have the right under this part

to obtain an independent educational evaluation of the child, subject to

paragraphs ( through (e) of this section.

(2) Each public agency shall provide to parents, upon request for an

independent educational evaluation, information about where an independent

educational evaluation may be obtained, and the agency criteria applicable for

independent educational evaluations as set forth in paragraph (e) of this

section.

(3) For the purposes of this part—

(i) Independent educational evaluation means an evaluation conducted by a

qualified examiner who is not employed by the public agency responsible for the

education of the child in question; and

(ii) Public expense means that the public agency either pays for the full cost

of the evaluation or ensures that the evaluation is otherwise provided at no

cost to the parent, consistent with §300.301.

( Parent right to evaluation at public expense.

(1) A parent has the right to an independent educational evaluation at

public expense if the parent disagrees with an evaluation obtained by the public

agency.

(2) If a parent requests an independent educational evaluation at public

expense, the public agency must, without unnecessary delay, either—

(i) Initiate a hearing under §300.507 to show that its evaluation is

appropriate; or

(ii) Ensure that an independent educational evaluation is provided at public

expense, unless the agency demonstrates in a hearing under §300.507 that the

evaluation obtained by the parent did not meet agency criteria.

(3) If the public agency initiates a hearing and the final decision is that

the agency's evaluation is appropriate, the parent still has the right to an

independent educational evaluation, but not at public expense.

(4) If a parent requests an independent educational evaluation, the public

agency may ask for the parent's reason why he or she objects to the public

evaluation. However, the explanation by the parent may not be required and the

public agency may not unreasonably delay either providing the independent

educational evaluation at public expense or initiating a due process hearing to

defend the public evaluation.

educational evaluation at private expense, the results of the evaluation—

(1) Must be considered by the public agency, if it meets agency criteria,

in any decision made with respect to the provision of FAPE to the child; and

(2) May be presented as evidence at a hearing under this subpart regarding

that child.

(d) Requests for evaluations by hearing officers. If a hearing officer

requests an independent educational evaluation as part of a hearing, the cost of

the evaluation must be at public expense.

(e) Agency criteria.

(1) If an independent educational evaluation 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 public agency uses when it initiates an evaluation, to the

extent those criteria are consistent with the parent’s right to an independent

educational evaluation.

(2) Except for the criteria described in paragraph (e)(1) of this section, a

public agency may not impose conditions or timelines related to obtaining an

independent educational evaluation at public expense.

February 23, 2006