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Ask an Expert: Judy Goddess My daughter, diagnosed with ADD since sixth grade, is failing her math class. I think she's about two years behind in the subject. I requested that her high school assess her academic progress and the effectiveness of the special education she's receiving. That was nearly three months ago, and nothing has happened. The school psychologist asked me to sign a release allowing her to talk to my daughter's doctor and counselor about her medical and emotional history. I asked why but received no reply. Has the school delayed testing beyond legal time limits? Must I sign the release form? Yes, the school is beyond legal time limits. If you ask for an assessment, the school has 15 calendar days (not counting school vacations) to develop a plan. You then have at least 15 calendar days from receipt of that plan to accept itor not. If you don't agree to an assessment of your daughter's emotional state, you need not consent. If the school insists, you'll need to resolve the dispute through a due process hearing. (See Section 56043 of the California Education Code.)Make sure every communication concerning testing and placement is in writing, and keep copies for yourself. Verbal communication doesn't count (and I'm not sure how e-mail stands up legally). Let me suggest three actions. First, call the California Department of Education's Special Education Procedural Safeguards Unit at (800) 926-0648 to initiate the due process hearing. They'll ask you to complete a form or provide a written description of the case. Then they'll send a copy to your daughter's school to begin the review process. Next, write the school reminding them of the date of your initial request. Recount what has happened since then and note that since the school has not responded, you have contacted the Procedural Safeguards Unit. Finally, write the CDE Sales Department, PO Box 271, Sacramento, CA 95812-0868, for a copy of California Special Education Programs: A Composite of Laws. If you explain that your daughter is in special education, it's free.Good luck. This should get things moving. © Copyright 2004, Publishing 20/20. All rights reserved. |