is this legal?

[Ineedfreeadvice]

What is the name of your state? Delaware

I posted before, but my question is different.

We asked for an comprehensive eval for our son last year. He was dx with an Autism Spectrum Disorder. We asked for a comp eval including achv testing, IQ, Motor Assessment and OT assessment with a specialist in Sensory Integration Deficits, speach and lang assessments including oral expression, listening comprehension, written expression, and adaptive behavior and social/emotional assessments as per required in Delaware law.

I actually sited DE law in the request. http://regulations.delaware.gov/AdminCode/title14/900/925.shtml#TopOfPage

I was told that they did not have anyone that is able to those types of test, and they did not have the funds for it.

We disagreed with the eval (they just did IQ and Achv tests), and we were told they did not have the money.

We paid for eval and OT. $10G and more. they give us 504 and accomd based on our OT eval

We paid for re-eval in Aug 07.

son has improved greatly but still very disabled with dyspraxia, etc.

we ask for IEP and OT and spec ed. in Oct 2007.

They NOW have an OT who is going to look at our OT numbers and results and see if they agree!

IS This legal? Can we stop it? HOw can they say they didn't have an OT in the first place? And can they legally use our IEE for their interpretation?? I mean they actually told me that their OT is going to interpret our report in writing!

I asked for a copy of their OT report in writing. I was told they can't control her work load, and she can't get it done in time.

They cancelled orig IEP mtg to get their OT to interpet our results. I can't cancel mtg this time b/c son needs help now! Teachers are pounding him to get work done and not honoring his 504 as it is!

Should I stop them from doing this somehow?sorry, my questions are underlined. Thank you!!

WeWhat is the name of your state?

 

[lealea1005]

Your son's 504 accommodations MUST be honored. Make an appointment, with 504 plan in hand, to speak with the teacher, the school principal AND the Special Ed. Supervisor, for starters. If your son continues to be denied his accommodations, you may need to get an attorney who specialized in special ed. to intervene.

Good Luck!

 

[dumblonde]

Yes it is legal for their OT to use your information. You understand the school doesn't even have to accept your evaluation? In the event they don't accept or agree they had better hope they have a darn good reason for doing so though.
Do you just want your child to have OT or is it affecting his ability to perform in school?
Another thought if they are not honoring his 504 and you are putting complaints in writing/filing a grievance have you considered writing to the ACLU for help? I've know parents that have gotten help from the ACLU before. You still have to define the disability with proof which is most definitely sounds like you do. You have to be able to define what part of the 504 the school is not following and how it is adversely affecting your childs ability to receive an education.