Arizona IEP Evaluation Concerns
What are some evaluation concerns regarding an IEP in Arizona?
An evaluation is the very beginning of the IEP process. It not only decides if your child or student is eligible for an IEP but what that may entail, accommodations or specialized instruction, and special education.
So, evaluations are a critical part of the IEP process, but today we discuss concerns. So, the purpose of an evaluation is to collect data, assess if the student is eligible for an IEP, and what type of accommodations or specialized instructions the school will grant them.
Again, evaluations sometimes actually aren’t even necessary to take place.
Whose Assessment is Reliable?
Suppose the teacher has observed particular behavior and grades; medical health professionals or your primary care provider or specialized therapist have already assessed the student. In that case, you may not need an additional evaluation.
That is one of the first concerns that parents have. If they don’t need a further assessment from the information they have, they can decide if the student is eligible.
Now, if they’re eligible for an IEP, that’s great.
School Evaluation vs Independent Education Evaluation
Sometimes parents see where the school will declare the student not eligible, and the process stops there.
So, parents and guardians need to know and remember that if you disagree with the evaluation, let’s say even if the school brings in an evaluator, maybe a psychologist and they evaluate the student. If you disagree with that, as a parent or a guardian, you have the right to ask for an independent education evaluation for a special education evaluation.
And what this means is that the school must pay for it. It is not something that you would be paying for. The school would bring in an individual the school does not employ—they’re just using their services for an evaluation—and they would do an independent education evaluation of the student. So, this is a great way. And it’s one thing that parents don’t understand.
Many times in the IEP process, parents have a lot of rights and a lot of say about their students and their special education evaluations.
Unfavorable Evaluation Outcome
So, suppose at the beginning, they’re saying they’ve already evaluated the student and are not eligible. In that case, you have the right to ask for an independent education evaluation.
Some processes happen if the school decides they do not want to provide this. If that happens, seek an attorney to help advocate for you and instruct you on your rights for this external independent education evaluation.
The main one is if you disagree with it and would like an outside evaluation. The other concern about an evaluation is you could also pay if you wanted to for your external evaluation. But the school does have to provide that for you. So, there are timelines, but sometimes parents don’t want to wait, so they’ll pay for an evaluator instead.
Right to Request for a Second Opinion
The school does have to consider that for the IEP. So, the main concern is not getting an evaluation when you think there should be one. You’re disagreeing with what the evaluators are saying, and potentially you would like a second opinion by an independent person not employed by the school that the school has to provide for you. And maybe there are specific concerns about the accommodations if you feel like the evaluators aren’t supporting the concerns or accommodations that you’re seeking.
Seek Legal Advice
Again, I want parents and guardians to know that they have lots of rights and should speak up during this process.
Sometimes the schools aren’t the most forthcoming about those parents’ rights. Hence, I always recommend speaking with an attorney to help you through the process or any special education evaluations. We know the law and what you’re entitled to and can help you throughout the process.
At Chelle Law, we understand the unique challenges parents of children with disabilities face. We are here to help you navigate the special education process and ensure that your child receives the best possible education. Contact us or visit our office today to schedule a meeting.
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Arizona Individual Education Program: How Arizona IEP Attorney Can Help
Statistics in 2016 showed that more than 53,000 students in Arizona had specific learning disabilities. Schools must subject such students to the Individualized Education Program (IEP).
The state designed this form of special education to assist Arizona students with various learning disabilities. It’s also essential to communicate that this program has been prevalent in the country for many years.
If you believe that your child needs special education, it’s essential to consider taking them to an Individualized Education Program. However, for this system to work for your child, they must meet a few fundamental requirements. Understanding some unique factors behind IEP will enable you to seamlessly seek this program for your child.
What are Team-Based Early Intervention Services in Arizona?
The Individuals with Disabilities Education Act (IDEA) is a federal law that helps to ensure that all children with disabilities have access to a free and appropriate education. The law also requires states to provide early intervention services to infants and toddlers with developmental delays. In Arizona, these services are called Team-Based Early Intervention Services (TB EIS).
TB EIS is a statewide system of services and supports designed to meet the needs of infants and toddlers with developmental delays. The system is based on the belief that all children have the right to participate in meaningful activities in their homes, communities, and schools.
Is AZ IEP Free?
You might have a perception that education is expensive. However, the good news is that IEP is a free program in Arizona. The federal and state government have put in place adequate measures to ensure that all children with disabilities can access this form of education at no cost. However, the program is not entirely free. Families must still pay for some costs associated with IEP, such as travel expenses, books, and other materials.
How Do I Get an IEP For My Child in Arizona?
As a parent or guardian, you can request an IEP evaluation for your child if you think they might need special education services. You can make this request to the school district in which your child attends school. The school district must evaluate whether your child is eligible for special education services.
If the school district determines that your child is eligible for special education services, they will develop an IEP for your child. The IEP is a document that outlines the special education services that your child will receive.
What Are the Components of An IEP In Arizona?
The components of an IEP vary from state to state. However, in general, an IEP must include the following:
- A statement of the child’s present level of educational performance
- A description of the child’s special education and related services
- Annual goals for the child’s academic progress
- A description of how they will measure the child’s progress
- The date by which the IEP will be reviewed and revised, if necessary
It’s essential to understand that an IEP is a living document that people can revise. As your child’s needs change, you can modify the IEP to address those changes.
What Is the Difference Between A 504 Plan and IEP In Arizona?
You might wonder whether your child needs an IEP or a 504 plan.
IEPs and 504 plans help children with disabilities succeed in school. However, there are some critical differences between the two. IEPs are individualized education programs created for students who need special education services. IEPs must be reviewed and updated at least once per year.
504 plans are for students who do not need special education services but still need accommodations to help them succeed. For example, a student with a 504 plan might need extra time to take tests or have a quiet place to work. Schools do not need to review 504 plans as often as IEPs.
What Is the Arizona IEP Timeline?
As a parent with a child in the Arizona IEP process, it’s essential to understand the timeline for each process step. This timeline can vary depending on your child’s individual needs and the school district in which you live.
However, in general, the Arizona IEP timeline looks like this:
- The parent requests an IEP evaluation from the school district
- The School district evaluates the child to determine if they are eligible for special education services
- If the child is eligible for special education services, the school district develops an IEP
- The IEP is reviewed and revised as necessary at least once per year
When Must an IEP Meeting be Convened?
Understand that the team must convene an IEP meeting within 30 days of the child’s eligibility determination. The IEP team will meet to discuss the child’s needs and create an individualized education program. If the team did not meet the time frame for the IEP meeting, you, as the parent, have the right to request a due process hearing.
What Should You Not Say at An Arizona IEP Meeting?
It’s natural for parents to want to advocate for their child at an IEP meeting. However, there are some things that you should avoid saying during an IEP meeting. These things can jeopardize your child’s chances of getting the necessary services.
Some of the things you should avoid saying at an IEP meeting are:
- Making demands
- Threatening legal action
- Saying that you don’t trust the IEP team
- Speaking in a negative tone
It’s also important to remember that an IEP meeting is not a place for you to vent your frustrations. Instead, it’s a place for you to collaborate with the IEP team to create a plan to help your child succeed.
Arizona IEP Progress Monitoring Basics
The IEP progress monitoring process is designed to help ensure that your child is progressing toward their goals. Progress monitoring can take many forms, but it typically includes regular check-ins with the IEP team. Progress monitoring might also include collecting data on your child’s progress and reviewing that data with the IEP team.
How Long Does a School Have to Respond to an Evaluation Request in Arizona?
Traditionally, schools have up to 45 days to respond to an evaluation request. However, due to the pandemic, this timeline has been extended to 60 days. You must keep track of the timeline by counting days, including weekends and holidays.
The clock starts ticking the day after you submit your evaluation request to the school. If the school does not respond to your evaluation request within the 60-day timeline, you have the right to file a due process complaint.
Do You Need an Arizona IEP Attorney?
Understanding the Arizona IEP process can be complicated. If you’re concerned about your child’s education, you may want to consider hiring an IEP attorney. An IEP attorney can help you navigate the IEP process and ensure that your child’s rights are protected.
At Chelle Law, we understand parents’ challenges when advocating for their child’s education. We can help you understand your rights and options under the law. We will work with you to create an individualized education plan that meets your child’s unique needs.
Contact us today to schedule a consultation.
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