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This reply was originally posted by user Dr. Eric in ADDitude’s now-retired community.
It depends on the rating scale. Some are 30 days (not the ones I prefer), some are 3 months.
Although an OCR complaint is certainly within your rights, getting them to promise something before collecting the data and having a team review it is, at best, harmless, at worse, one of the top 3 procedural violations in the law.
A BIP is based on behaviors that prevent educational access that was drafted based on an understanding of the duration, severity, antecedents, and consequences of the behavior.
Unless they had a great level of MTSS/RTI/Prereferral intervention data, they are responding to your threats more than their assessment of needs.
Ultimately, test scores need to be given real-world context. So whether I test a student on their medication or not, I should have a timeline of curriculum-based measurement, academic impact, attendance, discipline, and informal observations/documentation of the time leading up diagnosis and medication. Especially given that the final decision is based on functional impact, not assessment scores.
In an IEP, the final question is the necessity to access educational benefit through special education and not a modification or related services through general education: http://idea.ed.gov/explore/view/p/,root,regs,300,A,300.8,
For a 504, the team has to establish that the disability “substantially limits” a major life activity such as learning: http://www2.ed.gov/about/offices/list/ocr/504faq.html
In either case, the ability to measure the level of educational real-world functional impact, is often not measured by psychometric results alone.