Elkhart Public Schools Denies Student Special Education Testing IEP

Special education students denied IEP testing by Elkhart Public Schools


Early last year we posted an article pertaining to one of our clients who was being denied the ability to have her son tested to determine his eligibility for the receipt of specialized education services. For those students who qualify, the services which are tailored for the particular student are outlined in what is called an Individualized Education Plan (IEP).


Not long after posting our piece, we received a rather nasty call from a school official at Elkhart Community Schools asking us details on the issue. Realizing that we had wrongly identified the offending school district, we changed our piece immediately. This firm made a mistake. It was in fact Goshen Community Schools not Elkhart.


You know what they say: What a difference a year makes!


Unfortunately, we have just been informed by one of our existing clients, who definitely is a student at Elkhart Community Schools, that numerous requests by her mother to have her daughter tested to determine her eligibility for the receipt of special education services were never acted upon.


Mom requested that her daughter be tested in the fall of 2022. Despite assertions by personnel of Woodland Elementary School that they would respond to the request with a date upon which her daughter could be tested, no date was ever provided. So, her daughter went untested. As a result, her guardian had no choice but to remove her child for home schooling. But she will be returning in the fall.


The child at issue in this case, posted upon permission of the legal guardian, is one we have covered before. It is the older sister of Ms. Cox, the then six-year-old girl who, despite having broken her arm in three places, was sent back to class by personnel of Woodland elementary school.


We are currently suing Elkhart Community Schools on behalf of Ms. Cox for this clear occurrence of negligence. You can read that lawsuit here.


We are disappointed to learn of this ongoing failure to test our client’s older sister, Ms. Andrews. However, it is a failure we intend on calling the school out on, and if immediate action is not taken, they will have the pleasure of receiving a second lawsuit from this firm.


For the record, I have numerous family members who are teachers teaching in public schools; one of whom is my wife. I myself attended public schools: Prairie Vista Elementary School: Schmucker Middle School, and Penn High School.


So the purpose of this piece is not to attack public schools or public-school teachers, an activity the national media appear to enjoy engaging in on a daily basis.


Instead, as a person who is disabled, who was disabled during my time attending primary education, I know how crucial the receipt of these specialized services can be for eligible students. They often make the difference between success and failure.


Oh, and when a student breaks her arm in three places, school personnel should call her emergency contacts instead of sending her back to class for four more hours.


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