-=> Quoting Bob Moylan to Lisa Mcintosh <=-
BM> Lisa Mcintosh On (19 Sep 96) was overheard to say to Sheila King
LM> Yes, it is a federal law but just because the parents request testing
LM> it isn't mandatory. If the teacher doesn't feel it necessary then a
LM> panel must review the case.
BM> That is almost correct. Anyone with a vested interest in the welfare
BM> of the child can make a referral to the child study team (called by
BM> different names in different states) if they think the child has some
BM> difficulty that is impacting on her/his ability to learn. The
BM> teacher doesn't have to agree or disagree for it to go to child
BM> study. Most referrals come from teachers. However, when a teacher
BM> makes a referral parental permission is _required_ by IDEA prior to
BM> the school undertaking _any_ formal testing or evaluation.
LM> (This prevents students from having to go through all these tests
LM> just at the parent's whim.)
BM> I won't say it... I won't say it... I won't sa... I won't... I...
What did I say??????? Your comment flew completely over my head....
sorry......
What I was referring to was the rash of people who asked for testing
when it became common knowledge that some ADHD children are eligible
for a SSI check.
My son's teacher implied that this was my motive for testing my son.
I did not even know about the SSI thing at the time. She completely
denied that she had suggested that I take Travis to see the
pediatrician. BTW, we have not & will not apply for the SSI. Also,
Travis no longer takes medication. Yes, he is easily distracted but
in a one to one situation, I don't find it necessary to medicate him.
LM> It is when the teacher suggests testing that the school is
LM> responsible for the testing.
BM> See above..the school system is ALWAYS responsible for the testing.
BM> If/when the school system refuses to do so (and it happens a lot)
BM> parents are free, as always, to go elsewhere. _If_ the outside
BM> testing/evaluation reveals a problem that impacts on educational
BM> needs then the school system is required to pick up the tab. What
BM> usually happens is the schools will then do their own testing. _If_
BM> the results are the same then the child receives necessary services.
BM> _If_ there are conflicting results it goes to arbitration; a LONG
BM> process that is not always resolved satisfactorily to all parties and
BM> often winds up in state/federal courts.
I'll concede you are right... I'm not a lawyer, teacher or school
administrator. All I know is what I was dealing with several years
ago: A teacher who wanted a child medicated, did not know the law,
and then proceded to LIE when confronted....
(I do not think all teacher's are like this. I admire those who
value what's important for the child and work tirelessly in an
overworked and underpaid position.)
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