[blindkid] Independent Evaluation Request

Carlton Anne Cook Walker attorneywalker at gmail.com
Fri Mar 20 20:43:01 UTC 2009


Holly,

I'm not certain that you actually need to request an Independent Educational
Evaluation (IEE).  (I know you're probably thinking: "What could she
possibly be talking about?")

>From what you have shared, the "Learning Media Assessment" is woefully
inadequate.  Thus, I would have the position that a complete Learning Media
Assessment has not yet been performed and needs to be.  I would also express
my concern about the person who submitted a substandard "LMA" as a complete
LMA.  This individual should not be performing the correct LMA evaluation.
For this reason, you request that a proper LMA be performed -- immediately.

Regarding the O&M evaluation . . . what O&M evaluation?  You need to either
see the document they claim to be an O&M evaluation (as well as an
explanation why said document was not provided to you earlier) so that you
may determine if, in fact, it is a valid O&M evaluation.  (You may want to
point out that your son's lack of O&M services couldn't be based on this
document -- given that the IEP team (of which you are a legally-required
member) did not consider it.  Thus, an O&M evaluation needs to be performed
immediately so that the IEP team may consider it.)

Regarding the functional vision assessment, I don't know if it will help or
hurt.  (Let's face it, an evaluator can often direct the assessment results
of s/he so desires.)  It really depends on who performs the assessment.  and
the PURPOSE of the assessment needs to drive the assessment.  Is it for
reading posters around the classroom?  Is it for near reading?  Is it for
O&M purposes?  Is it for all three plus some more?
In reality, the FVA should probably be a part of the O&M evaluation.  For
this reason, I, personally, might hold off on specifically requesting the
FVA at this point.  If you get a crummy O&M evaluation, the lack of an FVA
may be an objection you raise at that point.



When I had a similarly poor LMA for my daughter, I took this tack.  We got
another evaluation (the school called it an IEE, I called it an initial
evaluation.)  The results indicated that my daughter should be a dual media
(print and braille) kid, so  didn't take it any further.  However, I was
quite prepared to argue at Due Process that the "LMA" performed by the
crummy TVI did not meet the educational definition of an LMA, and, thus, the
LMA that DID meet the definition was the first LMA, not an IEE.


Please give me a call if you'd like to discuss any of these matters.


Good luck,


Carlton

-- 
Carlton Anne Cook Walker
213 North First Street
McConnellsburg, PA    17233
Voice: 717-485-4529



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