Webinar 8/30/2020 – Fundamentals and Updated State Guidance

Jaki Fishkin’s contact information is below.

Here is some additional Q&A:

Who is paying for the private evaluations if a parent wants it done on the timeline the district is not meeting?

-Independent evaluations are typically funded by parents. If your student qualifies for free or reduced lunch, he or she may be eligible for a district-funded independent evaluation. Some independent evaluators accept insurance which may fund the evaluation in whole or in part.


My June progress reports did not accurately reflect the data I provided the district (in writing). What should I do?

-Document, document, document. Write a letter/email to the TEAM providing the accurate information and stating your concern about the Progress Report. You can request that the district reissue the IEP Progress Report with accurate information, or if it refuses to do so, instruct the district to include your data in the student’s file.


If an IEP was rejected within the previous school year, how soon after school reopens, should the meeting be rescheduled?

-There will likely be a backlog of meetings that need to be scheduled when school opens. Meetings can be held virtually if Parents agree to waive the in-person meeting. You should contact your Team Leader and ask for your meeting to be scheduled as soon as possible, and state whether you will agree to a virtual meeting. At this time, it is in everyone’s interest to be flexible given the challenging circumstances, while still advocating for your student.


What should we expect in terms of testing, 3 year reevaluation, and if they are doing remote testing, are the results valid or is it going to be easy to contest?

-Some districts are conducting some evaluations remotely. Many of the evaluations can be administered virtually and are likely to be considered valid, others need to be administered in person. If you agree to have your student evaluated remotely to the extent possible, you should communicate that to the district and ask that the evaluation be scheduled as soon as possible. Keep in mind that this issue applies equally to remote district and private evaluations.


What can you do if your student doesn’t fit the description but still can’t access or learn remotely? 

-Communicate with your Team. Students who don’t meet the definition of significant and complex needs are not automatically able to access their education remotely. Request a Team Meeting and be prepared to provide your evidence and/or data to show that your student is unable to access remote learning. To the extent that you have private providers or evaluators involved with your student, they can be an excellent resource in consulting to the Team on this issue.

Jaki Fishkin Esq., M.S.W.
Moor, Perlman & Gregg, LLC
42 Davis Road, Suite 1-1
Acton, MA 01720
Tel: (978) 274-7101 ext. 5
Fax: (978) 451-4434