ER17E-1001157

PASSAIC COUNTY - SPECIAL EDUCATION

Client is Spanish speaking. Negotiation with district regarding evaluations, eligibility, IEP, and comp. ed.

SC is an 8-yr-old entering 2nd grade who has been diagnosed with ADHD and Oppositional Defiant Disorder (ODD). She has behaved aggressively at school and the district would contact her mother, ER, daily to pick her up. In September 2016, ER sent a written request for evaluation for special education, which the district ignored. ER sent a follow up letter in October 2016. Over a month later, the district convened an evaluation planning meeting, but told ER, incorrectly that she first had to refer SC to the I&RS committee for general education interventions. SC’s behavior remained problematic. In February 2017, ER obtained a private neurodevelopmental evaluation of SC which found that in addition to the ADHD and ODD, SC has learning disabilities, including developmental dyslexia. ER advised the district of these findings, and renewed her request for an evaluation. In March, the district consented to evaluate SC. ER does not know whether the evaluations have been completed, but if they have, she has not received copies of any reports. In June, the district referred SC to a program for children with emotional problems, which she attended in the mornings, but she was discharged after only nine days because the program suspected she might have autism. ER is seeking copies of the reports of the district’s evaluation and an immediate determination of eligibility for special education and related services, development of an appropriate IEP that includes services for dyslexia as well as a specific learning disability and supports and services for ADHD and ODD including a BIP, and compensatory educational services if warranted.

To review, email donuschak@vljnj.org