OT Evaluation

[TN Mom]

I requested an OT Evaluation for our child in August of 2023. 

I was told last week that the evaluation  is complete. I then asked for a copy of the evaluation so that I might determine what type of meeting would be necessary to go over the findings  - traditional vs. No Meet.

I was told that I couldn't have a copy.  

What could possibly be their reasoning? Neither HIPAA nor FERPA,???

 

[JSD24]

Most of the time, evaluations are copyrighted.  Rarely if ever does an evaluator share copies of the eval.  If you want to see the eval, you should be able to meet with the evaluator and look it over - no copies with copyrights.  Also, you might not be able to interpret the results w/o training.

The eval report is a whole different story.  You should get a copy of this.  This is what the IEP team looks at to determine areas of need and services needed to address them.

Sounds like they are splitting hairs?  From your perspective:  Yes!  From their perspective:  No, you asked for something that is illegal to copy.

[TN Mom]

Thank you for your response. 

I spoke with a representative of the State Department of Education and was told to request a "summary" of the findings in order to effectively prepare for and to adequately participate at the IEP meeting at which the complete evaluation would be discussed.  This is based on 34C.F.R. § 300.613(a)  - right to access. 

Yesterday,  I was politely denied access to either.

 

Three months until graduation and the fight continues...

[JSD24]

When did your child turn 18?  You might be out of the picture if he's 18 & 18 is the age of majority in your state for educational decision making.  Your adult child would need to grant you the ability to see his FERPA protected evaluation report.

On the other hand, you wouldn't be involved with their IEP meetings - unless they requested that.  If this is the case, why bother telling you that the eval is done?  They should have just sent the info to them and kept you out of the loop.

Have you talked to your child to see if they have a copy of this report or any info on this?

Dear School:

In order to fully participate in my child's IEP meeting, I need to have access to what will be covered at this meeting.  Can you please tell me the reason you are denying me access to the recently completed OT evaluation?  Are their steps I need to take so that I can access this information like I have done since my child started school?

Sincerely,

[TN Mom]

That's a valid point and may have been a factor if we hadn't already taken measures to assure that it wouldn't. 

 Yes, our child is 18, however all things that legally grant me the access to and the decision making capability have been in place since reaching AOM.

[Sharon]

Maybe tell them you spoke to the DOE and quote the regulation they spoke about. And then file a complaint so they don’t do it to another parent.