Frequently Asked Questions Questions

Sometimes we get asked questions. Sometimes we get asked the same question over and over again. This page is dedicated to those questions, the frequently asked questions. Hopefully you can find some answers here. If you have a question that is not addressed here or on our Resources page, please feel free to contact your Associate Director. Who knows, your question might make the FAQ's. Please keep in mind that the answers provided here are not legal advice, but the opinion of the EIASE Associate Director Department.

Q: What does an Associate Director do?

A: The associate directors provide technical assistance to district administrators and teachers, supervise EIASE personnel working in the districts, and provide in-service to both district and EIASE personnel.  Each Associate Director is responsible for the recruitment, supervision, observation, and evaluation of a number of EIASE school psychologists, school social workers, collaborative teachers, pre-vocational teachers, adapted physical education teachers, and vision teachers. In addition to the ongoing evaluation process, the Associate Directors provide daily assistance in problem-solving issues related to that service.

The Associate Director department is responsible for the technical assistance and support of the 29 school districts which EIASE serves.  Time spent in serving each district varies according to the needs presented at any given time. Services to districts include:

  • Monitoring all Requests for Student Assistance submitted by districts
  • Assisting districts in preparation for mediation and due process
  • Providing in-service on a variety of topics throughout the year
  • Technical assistance- responding to district questions regarding a wide variety of situations and disabilities
  • Attendance at IEP meetings at the request of district administrators and teachers
  • Direct assistance to Superintendents, Principals, Special Ed and Gen Ed teachers, and Counselors in problem-solving strategies for tough issues
  • Monitoring of forms supplied for district use, and revision to those forms as needed
  • Monitoring the compliance data generated by EIASE Psych, Social Work, Collaborative, Pre-Voc, Vision, & Ad. P.E. staff
  • Providing guidance and coaching with Federal and State initiatives in Special Education such as P.B.I.S., R.T.I. & inclusion.

Q: What do I do when at a domain meeting on an initial referral the team decides that the student does not need to be tested?

A:
Short Answer
Fill out this attached form titled; “Decision to Discontinue Case Study Evaluation” This is an EIASE generated form.  Make sure  that you document why the team decided to discontinue the evaluation and what actions (such as accommodations), if any, will be taken.
Long Answer
This situation should never happen for two reasons.

Upon receipt of a referral, Principals or Special Education Coordinators have to fill out form 34-57A “Notice of Decision Regarding a Referral” this form gives them the opportunity to state that this referral is not appropriate at this time and the reasons for that decision.  This could also be the appropriate action if the referral was a parent request. 

The Teacher Collaboration Team/Response to Intervention Team/Building Support Team should be generating ideas of support and accommodations that will make it less likely a teacher will fill out a referral for special education when all the kid really needed was a little support. Even if the teacher does fill out an inappropriate referral the principal should reject the referral by using form A. 

The reason the state didn’t include a provision on the Initial Consent form for the parent to agree that no evaluation was needed after the domains were considered was because there are other requirements that should ensure that this never occurs. 

Q: What are the procedures for continuing with a re-evaluation without parental consent?

A: At EIASE, we are utilizing this new EIASE-generated form to use in the event that a parent does not respond to attempts to gain consent for reevaluation.  This form cannot be used for initial evaluations or if the parent refuses consent.  The only situation in which this form may be used is if the parent has been offered consent several times, but fails to respond by either granting or denying consent.  IDEA 300.300(c)(i)(ii) states, “The informed parental consent described in paragraph (c)(1) of this section need not be obtained if the public agency can demonstrate that it made reasonable efforts to obtain such consent; and the child’s parent has failed to respond.” We are not given a concrete definition of “reasonable efforts” however we can be safe in assuming that a definition would probably indicate that we need to make a variety of attempts which could include, but not be limited to phone calls, email, letter, certified mail, home visits, & visiting the worksite.  The school social worker can fill out the entire form including the name of the child, date of birth, current date, parent’s name, documented attempts to obtain consent, & social worker contact information.  However, we are recommending that this document should be signed & sent by the building principal.  This form should be sent by certified mail with a copy of the completed domain page and parent rights attached.  Once the parent has received the notice, the team may proceed with the evaluation as noted on the Domain Page.
In the event that the parent receives the notice and then wishes to deny consent in writing, the reevaluation must stop and the district has the option to force the reevaluation via due process.  If the district chooses not to purse the reevaluation via due process, they are not responsible for the lack of a current evaluation; however they still need to develop annual IEP’s. 

Q: For purposes of consent and meetings, who is a parent?

A: Federal Definition:
Regulations: Part 300 / A / 300.30
Parent means--
1) A biological or adoptive parent of a child;
2) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;
3) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);
4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or
5) A surrogate parent who has been appointed in accordance with Sec. 300.519 or section 639(a)(5) of the Act.
(a) Except as provided in paragraph (b)(2) of this section, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraph (a) of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(b) If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (4) of this section to act as the "parent" of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the "parent" for purposes of this section.