If your child has an IEP, but is not making progress or has an additional area of need that the district has not done an evaluation for, a parent may request a new evaluation. An example of an often-needed additional assessment is a Functional Behavior Assessment (FBA). You would want to request an FBA when your child’s behavior is impeding his or her education or when you think your child might need an one-on-one aide.
Steps:
- Send a letter to your case manager or the APIES (LAUSD) for your child’s IEP. Include why you need the new assessment and any supporting documents that you have to support this request. For example, if you are requesting a speech assessment, then you might include with the request a progress report from your outside speech therapy paid for by your health insurance. Or if you receive ABA at home, include that FBA.
- After the district receives the request for a new assessment, the district has 15 days to respond to or approve the assessment plan. (Cal. Ed. Code Sec. 56321(a).)
- After your receive the assessment plan from the district you have 15 days to sign and return the assessment plan. (Cal. Ed. Code Sec. 56321(c)(4).) Once you receive the assessment plan, review the assessment plan and make sure that the district is assessing in the correct area(s). If the assessment plan is correct, sign the assessment plan and return it to the district. Also, write on the assessment plan that you are requesting the assessment 5 days before the IEP. Make sure that you keep evidence that you have returned the assessment plan. You can fax the form or email it. You could also walk it into the school and ask the administrator to date stamp a copy of the assessment plan.
- Once the district has received the signed assessment plan, it has 60 days (excluding days of school vacation in excess of five and days that school is not in session) to complete the assessment and hold an IEP. (Cal. Ed. Code Sec. 56344(a).) If the assessment plan is signed and returned 30 days or less before the end of a school year, the district must hold a meeting to develop an IEP within 30 days after the beginning of the next school year. (Cal. Ed. Code Sec. 56344(a).) That means that the district must conduct the assessment and have the IEP before the 60-day timeline is completed.
- Make sure you receive a draft of the assessment at least 5 days before the IEP so you can review it and be ready to discuss it at the IEP.
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