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Annique

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  1. The School Can Choose the "Where" (34 C.F.R. § 300.116) They Must Offer Transportation (34 C.F.R. § 300.34(c)(16))Also, You Cannot Be Forced to Drive. Because of the “at no cost” rule, there is usually a reimbursement option for the drive if you were to drive Another thought: you might be able to negotiate the closer location by showing them that it’s actually cheaper for the district to pay the local provider's fee than to pay for the distant service plus the mandatory transportation costs. Another argument could be that the school's choice of Location is effectively denying your child FAPE because the travel time required to get there is too restrictive.
  2. Can you contact your Local Task Force for your county? Check with your IU and they will give you the contact info. The Right to Education Local Task Forces are there to help with resources but also to address systemic issues in school districts (on a positive note, the LFT's are parent led). You can also call in the Safe to Say hotline, it's not just for students. Are the parents involved parents? IDK where in Pa you are but there are a few free advocacy groups.
  3. Which date/set of data should drive the timing of the 3 year eval-original or IEE? The original school evaluation date (April 2022) drives the 3-year reevaluation timeline, not the date of the IEE: IDEA Regulations – IDEA 34 CFR §300.303, / PA Chapter 14 Regulations Are they required to compare any new evaluations to the IEE neuropsych data in the IEP or PLOP? Yes, if the IEE was accepted in full or in part and used to determine eligibility and develop the IEP. The school must consider that data when reviewing progress or conducting future evaluation: IDEA 34 CFR §300.502 If he doesn’t qualify, or if the school doesn’t conduct a comprehensive evaluation, can you request another IEE? Do services continue during that process? Yes, you can request another IEE if the district’s reevaluation is insufficient or you disagree with the results. Services continue during this process under "stay-put" protections: IDEA 34 CFR §300.502 and §300.518 / Office for Dispute Resolution (ODR) – IEE and Due Process Guidance
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