Friday, February 27, 2009

LEAs Should Never Make Recommendations/Decisions Based Upon Inadequate Evaluations


Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, school district staff would be well advised to adopt the motto "when there is debate, evaluate!" In summary, she explains that IEPs must be developed upon evaluations that are up-to-date, thorough and adequate. "In some cases, a school system may lose a disputed case based soley upon its failure to appropriately evaluate a student prior to making educational recommendations. Furthermore, LEAs must carefully consider the need to evaluate or reevaluate when parental requests for testing are received. Weatherly adds, "...it is vital to obtain all previous records and to demand current evaluations or to insist upon the right to conduct current evaluations".

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